Caveat: Alcohol and drug testing is very complex and depends on the exact situation and circumstances involved. There are no surefire formulas. But there are some general principles that should help. I’m assuming your employees aren’t unionized. If they are, you’ll have to negotiate your testing policy with the union.
Pre-Employment Testing may be allowed IF: i. the position is safety-sensitive, like an equipment operator; ii. you consistently test ALL applicants for the position;
Post-Incident Testing may be allowed IF: i. the position is safety-sensitive; ii. You have clearly defined triggers; iii. Those triggers are reasonable and not overly broad–work accidents are usually a legitimate tpost-incident rigger but it may depend on the nature of the accident; iv. You stick to those triggers and don’t just claim everything is an incident justifying testing
In All Cases: i. You have clear testing policies and procedures describing whom you test and for what reasons; ii. tests are carried out by qualified labs; iii. samples are properly collected and secured before delivery to the testing lab; iv. you keep the test results confidential and don’t disclose them to anyone except where required by law and don’t use them for any other purpose than the one articulated in your testing policy.
If you haven’t already, you should search HRI for drug testing. There’s all kinds of great analysis, policy templates, case digests and other resources that you can use to ensure your testing policies are legally sound. Glenn
