What are an employer’s notification requirements prior to starting drug testing?
First, it is important to note that the U.S. Department of Labor (DOL) does not regulate the area of workplace drug testing. Generally, employers have a fair amount of latitude in handling drug testing as they see fit, unless their organization is subject to certain Federal laws (such as U.S. Department of Transportation alcohol and drug testing rules for employees in safety sensitive positions). However, there may be state laws that impact how drug testing can be implemented. For more information, visit the Working Partners Web site’s listing of state laws that impact drug-free workplace issues or contact your state Department of Labor. DOL does strongly recommend that before any drug-testing program is implemented, an employer have a written policy that is shared with all employees and clearly outlines why drug testing is being implemented, prohibited behaviors and the consequences for violating the policy. DOL also recommends that if drug testing is used, it be only one component of
Generally, Employers have a fair amount of latitude in handling drug testing as they see fit, unless their organization is subject to certain Federal laws (such as U.S. Department of Transportation alcohol and drug testing rules for employees in safety sensitive positions). However, there may be state laws that impact how drug testing can be implemented. For more information, visit the Working Partners Web site’s listing of state laws that impact drug-free workplace issues or contact your state Department of Labor.
