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  • October 7th, 2010

    Employment Drug Testing

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    Employment Drug Testing

    Employee Drug Testing is still a new and evolving issue. The issue was brought to the fore in 1988 when the US Central Legislature passed the Drug Free Workplace Act. Although the mandate of the act extended to employees of the government, many private employers also decided to follow.

    The adaptation by the private employers is in sync with their right and, more importantly, with their eagerness to maintain a healthy workplace. This has many benefits namely prevention of accidents and conflicts at the workplace, maintaining order and decorum, and of course preventing absenteeism and promoting optimum performance by employees.

    On the other side drug tests tend to violate the privacy of the employee. A Postal Service Study indicated only a marginal difference between the performance of drug users and non users when compared on the grounds of attendance and job retention. This therefore raises an important question: is the drug testing of employees justified? There is no clear answer.

    The drug tests for employees include:

    Applicant testing which happens to be the most common form of drug testing.

    Random testing which is employed for testing employees related to safety and security.

    Scheduled testing is employed during routine physical testing.

    Treatment Related testing to check if the concerned employee is making sincere efforts to abstain from drugs after a treatment referral.

    Post Accident testing to check if the accident was caused due to certain drugs.

    Employers also need to take certain precautions before actually conducting drug tests on their employees. The test can only be conducted after written consent has been obtained from the prospective employee, who should be informed in advance that drug tests are a part of the recruitment as well as the job continuation process. Also, it needs to be ensured that these tests are conducted on all the employees.

    Next, the drug testing program should comply with all the legal requirements of the area in question, Legal advice is therefore of the utmost importance. Furthermore, the drug test should be conducted by a state certified lab. The procedure seems to be complicated, but the penalties viz. litigation on the grounds of wrongful termination, defamation, discrimination, invasion of privacy etc. are serious enough to merit the implementation of these complexities.

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