There are a number of legitimate reasons why an employer should consider drug testing workers. Whether you’re running a small business or a large enterprise, it’s important that you let your employees know that illegal substances will not be tolerated in your workplace and so are people who report to work under the influence of drugs or alcohol. This message should be properly communicated to the workforce through the organization’s drug free policy.
But despite the benefits of workplace drug testing, many employers skip or delay implementing such policy because they are uncertain about how far they can go in screening job applicants and existing employees for drug use. This is understandable, though, as there are several federal and state laws that employers must adhere to in order to avoid future legal battles. Some of these laws include the Americans With Disabilities Act, the National Labor Relations Act, the Fair Labor Standards Act, the Drug-Free Workplace Act, and the Omnibus Transportation Employee Testing Act.
In addition to getting familiar with a handful of workplace-related laws, an employer is also deemed liable for the conduct of their drug testing service agents, such as the medical review officers, specimen collectors, and laboratories. Hence, some employers would rather hire a lawyer with solid background in corporate drug testing to help them create an effective and flawless drug-free policy.
A well-crafted drug testing policy does not only state what kind of drug tests will be conducted, when the drug test will be conducted or who will be subject to the drug test. It must also comply with federal and state laws governing labor employment and fair workplace practices. This way you prevent the chances of your workplace drug testing policy from becoming a source of liability.