Every business wants its employees to be alert, attentive, and competent. If a staff member is under the influence of an illegal drug, they are less likely to meet these criteria. Some employers may see drug testing as the best solution, and indeed it can be a useful tool, but drug tests must be handled carefully in order to respect staff members’ rights and maintain compliance with all applicable regulations. If you are considering drug testing for your business, consider the following four do’s and don’ts before you get started.
Do: Educate Staff About Drug Test Protocol
One of the biggest mistakes you can make is failing to inform your employees about what to expect from a drug test. Some employers erroneously believe that surprising employees with a drug test — or misrepresenting the process — is the best practice. On the contrary, if you want to maintain a drug-free workplace, it is in everybody’s best interest that you provide clear and accurate information about your company’s drug testing policies. You can do this by including the information in employee training materials and placing posters in employee areas, too.
Don’t: Withhold Important Details
You might think that it’s sufficient to simply inform your staff that they are subject to drug testing. Indeed, this is a good start, but it’s also important to be specific. You should never intentionally withhold details about the drug testing process from your employees. As such, you should be upfront with staff about how often they will be drug tested, what kind of drug test will be conducted, and what substances they will be tested for. This information should be documented in written form and easily accessible by all staff members.
Do: Provide Notice of an Upcoming Drug Test
Though you may provide information to your staff about the regularity of drug tests, you should also remind them if a drug test happens to be upcoming. Generally, you should give at least two weeks’ notice, though these requirements vary from state to state. Few states allow for the administration of random, unannounced drug tests — and those that do often stipulate that an employer must have reasonable, documented suspicion of drug use prior to conducting the drug test.
Don’t: Disregard Drug Testing Regulations
Compliance with local and state regulations is one of the most important aspects of responsible drug testing. Different counties may have different standards for employers, and these laws are often in flux, so it’s vital that an employer be familiar with all drug testing laws that apply to their business. These laws can often be found by searching on your city or state database. Just be sure that you are referencing the most recent mandates.
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