Drug-Free Workplace Policy Builder
Section 7: Drug Testing
The majority of employers
across the United States are NOT required to drug test and many state and local governments have statutes
that limit or prohibit workplace testing, unless required by state or Federal regulations for certain jobs.
Also, drug testing is NOT required under the Drug-Free Workplace Act of
1988.
On the other hand, most private employers have the right to test for a wide variety of substances.
It is very important that before designing a drug-testing program you familiarize yourself with the
various state and Federal regulations that may apply to your organization.
Federal agencies conducting drug testing must follow standardized procedures
established by the Substance Abuse and Mental Health Services Administration (SAMHSA),
part of the U.S. Department of Health and Human Services. These
Mandatory
Guidelines for Federal Workplace Drug Testing include having a Medical
Review Officer (MRO) evaluate tests. They also identify the five substances
(amphetamines, cannabinoids, cocaine, opiates and phencyclidine) tested for in
Federal drug-testing programs and require the use of
drug labs certified by SAMHSA.
While private employers are not required to follow SAMHSA's guidelines,
doing so will help them stay on safe legal ground. Court decisions have
supported following the guidelines and testing for only those drugs identified
in them and for which laboratories are certified. As a result, many employers
choose to follow them.
The current law in the private sector generally permits non-union companies to require applicants and/or employees to
take drug tests. All employers should consult with legal advisors to ensure that they comply with any applicable state or local laws and
design their testing programs to withstand legal challenges. In unionized workforces, the implementation of testing
programs must be negotiated. Even when testing is required by Federal
regulations, certain aspects of how the policy is implemented must be agreed
upon through collective bargaining.
More detailed information about drug testing is available from the
Drug
and Alcohol Testing Industry Association and the
Substance
Abuse Program Administrators Association.
If after reading this page you have decided to not include drug testing in
your policy, you have completed Section 7 of the Policy Builder. You have 6
sections remaining.
Would you like to include drug testing in your policy?
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