When
random testing is done, who knows who has been selected and tested?
Human Resources only?
My
Answer:
As
a matter of policy, only those with a need-to-know should be informed
of the selections… and the results. This should be handled
discreetly and as confidentially as is feasible. As a practical
matter, employees know. They talk. They know they are subject
to random testing. Unless the employees are spread out in disparate
and isolated locations, word travels fast internally -- which
is good. You want them to be aware of the "threat" of
being caught, of the true random nature of the selection process
and the testing, and of the Company's commitment to a substance-abuse-free
workplace. You just do not want unnecessary or inappropriate talk
from management, as there is nothing to be gained by this, and
downside risks legally regarding possible defamation and confidentiality
claims, and possible morale problems.
As
for Human Resources, yes, they fit within the definition of those
"with a need-to-know" in the overwhelming majority of
cases. The only exception is in very large companies with a separate
medical department which runs the drug-testing and substance-abuse-prevention
programs (such as some of the large pharmaceutical companies).
In these cases, HR is notified only when some type of adverse
employment action is in order… otherwise, the Medical Department
maintains the files, and the integrity of same, and administers
the program consistent with the policy.
However,
normally, I am very strong on HR coordinating the policy and its
implementation and enforcement, including all record keeping.
I
hope this is helpful. Regards.
Mark
A. de Bernardo
Institute Executive Director
Membership
The Institute believes that the business community has a leading
and highly legitimate role in preventing drug abuse, and that
employers are fully capable of winning their "war on drugs".
Quick
Facts
Workplace
Drug Testing
General
U.S. Workforce Employees Testing Positives:
* Marijuana
2.54%
* Cocaine
0.70%
* Benzodiazepines
0.58%
* Propoxyphene
0.57%
* Amphetamines
0.48%
Guide to Federal and State Drug-Testing Laws:
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Safety-Sensitive
Position – A position in which the normal or periodic
job responsibilities of the employee entail, at some point and to
some degree, a higher level of concern for the safety, health, and/or
welfare of the employee in that position, his or her co-workers,
those who use our products or services, those who come onto or in
contact with Company property, and the public at large [and for
whom the illicit use of drugs and/or misuse of alcohol by the employee
in that position could create a greater danger to the safety, health,
and/or well-being of those individuals].
Security-Sensitive Position –
A position in which the normal or periodic job responsibilities
of the employee entail, at some point and to some degree, access
to cash, securities, bonds, or other negotiable instruments, and/or
precious and/or valuable commodities; involve the use of, or access
to, firearms and/or other weapons and/or armaments; involve protection
of property, valuables, and/or individuals; relate to matters
of national security, military, or law enforcement; and/or entail
access to assets and/or information vital to, sensitive for, and/or
with high proprietary interest to the Company [and for whom the
illicit use of drugs and/or misuse of alcohol by the employee
in that position could compromise the interests of the Company
and/or any individual or entity affiliated to, or in contact with,
the Company].
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