Is Drug Testing Legal?
Overall, employers have the right to test. There are certain restrictions in some states and cities limiting who can be tested and for what reason, but generally speaking, drug testing is a standard practice in the workplace. Employers do have the right to establish a policy that requires their employees to be drug free and to implement drug testing as part of their program. During all phases of development, the company’s policy should be reviewed by legal counsel with special knowledge in litigation and liability issues regarding workplace drug abuse.
• Corporate (D.O.T. & Non-DOT) • General Workforce (D.O.T. & Non-DOT) • Athletic Steroid Testing • School Random Testing • Personal or Family Testing • Drug & Alcohol • Breath & Alcohol Testing • Company Policies • Drug & Alcohol Training • Consortium Random Pool & Consortium Management • Motor Vehicle Records • Hair, Saliva, Sweat & Urine Testing • Before: Promotions • Transfers • Involving money • Security • Safety • Flexible, affordable and convenient programs to help create a drug-free workplace. • Customized tests to detect the use of both illegal and commonly abused prescription drugs. • Testing methods include the oral fluid test, urinalysis, and hair tests. USA Mobile Drug Testing service is nationally associated with the Drug and Alcohol Testing Industry Association (DATIA). The results from all positive tests are verified by a Medical Review Officer (MRO) to determine if there is a valid medical explanation. Complete and accurate results are typically available within 24-48 h
In most cases it is legal for employers to test employees for drugs. No Federal laws prohibit the practice. However, there are several states that restrict or question an employer’s ability to randomly drug test employees who are not in safety-sensitive positions. Thus, it is very important that employers familiarize themselves with the various state laws that may apply to their organization before implementing a drug-testing program. Furthermore, under certain circumstances, someone with a history of alcoholism or drug addiction may be considered a qualified individual with a disability under the Americans with Disabilities Act (ADA) and other Federal non-discrimination statues. As a result, testing for alcohol without individualized suspicions (e.g. pre-employment or random) is not allowable.
In most cases it is legal for employers to test employees for drugs. No Federal laws prohibit the practice. However, there are several states that restrict or question an employers ability to randomly drug test employees who are not in safety-sensitive positions. Thus, it is very important that employers familiarize themselves with the various state laws that may apply to their organization before implementing a drug-testing program. Furthermore, under certain circumstances, someone with a history of alcoholism or drug addiction may be considered a qualified individual with a disability under the Americans with Disabilities Act (ADA) and other Federal non-discrimination statues. As a result, testing for alcohol without individualized suspicions (e.g. pre-employment or random) is not allowable. How does one start a drug-testing program? Drug testing is only one component of a comprehensive drug-free workplace program, which also includes a written policy that clearly outlines employer e
Federal v. state regulations • Responding to test results: Disciplining, terminating & treatment • Common drug program mistakes and how you can avoid them PROGRAM BENEFITS This 60-minute program will give you and your supervisors clear guidance on using drug testing as an important part of your safety program to get to the root of incidents and reduce injuries. PROGRAM HIGHLIGHTS • Developing an Effective Drug Testing Program for Your Workplace • Guidelines for setting legally sound testing policies • Measuring the effectiveness of your existing drug testing program • Tips for starting a program, and improving existing programs • Documenting and reporting results • Drug Testing & Safety: Winning the War on Injuries • Responding to positive test results: Discipline, discharge or treatment? • Ways you can improve safety with a testing program • How does a drug testing program effect workers’ comp claims? • Who should conduct the tests? • When, Who & How Should You Test? Your Best Course
