Drug Screening Policy
Are you considering enforcing a drug screening policy within your company? Given the litigious nature of society today, pre-employment drug screening and ongoing policies are becoming common in small to medium business. It is estimated that at least 17 million Americans over the age of 18 (www.osha.gov) use illegal drugs resulting in half a million health emergency cases each year.
Having a drug and alcohol testing policy in your work place is a good way to maintain workplace health standards. It should however be initiated after careful consideration. For example, you have to ask yourself –
What is my liability as an employer if a drug affected employee injures him/herself or another employee?
Am I legally about to reject a candidate based on a positive pre-employment drug test?
Am I legally able to require a pre-employment drug test as part of the employment conditions?
What is the legal stance in my state of enforcing a drugs policy with my current employees? Can they opt out?
There is no definitive answer to this question as laws will vary depending on where you are reading this. A good place to start however is the United States Department of Labor which suggests –
The good news is that small businesses have enormous power to improve the safety and health of their workplaces and employees by implementing drug-free workplace programs that educate employees about the dangers of drug abuse and encourage individuals with related problems to seek help. Such programs help reduce occupational injuries and illnesses and send a clear signal that employers care about the safety and health of their employees.
The department goes on to say that small businesses are often the employers of choice for drug users given the cost of maintaining a drug program. This is of course one of the biggest questions you will ask yourself in the beginning – will the cost of running a drugs policy outweigh the benefit of having a drug free workplace?
Our suggestion is that it is, but we can only point you in the right direction for you to make your own decision on this matter. For more information on a drug free workplace, visit Working Partners For An Alcohol and Drug Free Workplace at the US Government’s DOL website. This is a good reference even if you are not a US based company (though your own government will have similar programs in place).
And for more information on drug testing, please visit our drug testing page.
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Note - this information is for general education purposes only and is not medical advice. If you suffer from any condition, see your medical professional for an appropriate diagnosis and effective course of treatment.
