Federal Government Drug Test Employment
Drug testing is NOT required under the Drug-Free Workplace Act of 1988. The majority of employers across the United States are NOT required to 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. 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.
The most common reasons employers implement drug testing are to:
Deter employees from abusing drugs and alcohol
Prevent hiring individuals who use illegal drugs
Provide early identification and referral of employees who have drug and/or alcohol problems
Provide a safe workplace for other employees
Ensure general public safety and instill consumer confidence that employees are working safely
It is important to note that court decisions have supported:
Following the Substance Abuse and Mental Health Services Administration’s (SAMHSA) Mandatory Guidelines for Federal Workplace Drug Testing, which include having a Medical Review Officer to evaluate tests.
Testing only for those drugs identified in the SAMHSA guidelines (marijuana, cocaine, opiates, amphetamines and phencyclidine) for which drug laboratories are certified.
Following the guidelines developed for Federal agencies will help your organization stay on safe legal ground. The procedures that are recommended in the guidelines have been implemented by many employers and have withstood challenges.
The current law in the private sector generally permits non-union companies to require applicants and/or employees to take drug tests. Employers can test for a variety of substances, although only a few have established testing protocols. 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, the disciplinary consequences of testing positive need to be determined and are subject to collective bargaining.
Perhaps the most important component in implementing a drug-testing program is employee education. Organizations should educate their employees about the problems associated with alcohol and drug abuse, the reasons for testing and the nature of the testing programs. These education programs should be designed through a cooperative effort with employee representatives.
More detailed information is available through the Drug and Alcohol Testing Industry Association and the Substance Abuse Program Administrators Association.
Non Government Drug Testing Employees
The information provided here is for educational purposes only. It is not intended to be and should not be construed as legal advice. Readers must consult an individual employer to learn the specific drug testing policy for that place of employment.
Employers may put drug testing programs into
place due to federal regulations or because of business or legal requirements.
Drug testing can also be done through a voluntary drug-free workplace program
instituted to reduce incidents of substance abuse among an organization’s
employees.
The following information is summarized from the
websites of the National
Clearinghouse for Alcohol and Drug Information (NCADI),
Substance Abuse and Mental Health Services Administration (SAMHSA) Division of
Workplace Programs, and the
Legal
Assistance Resource Center of Connecticut (LARCC).
TYPES OF DRUG TESTS
The following types of tests are available for substance abuse testing:
-
Blood
Tests – Blood tests are given to indicate if the person was under the influence
of substances at the time the test was administered;
-
Breath-Alcohol Tests – Breath-Alcohol tests are given to indicate if the person
was under the influence of alcohol at the time the test was administered; and
-
Urine
Tests – Urine tests are given to indicate if the person has used drugs in a
recent period of time.
EMPLOYERS
Employers may want or need to perform drug testing on employees or prospective
employees in specific types of situations. Some examples of these tests and the
situations they are used for are as follows:
-
Pre-Employment Tests – Employers perform tests on job applicants and make offers
of employment based on negative test results;
-
Post-Accident Tests – Employers test employees involved in serious accidents or
incidents on the job to determine if alcohol or drug abuse was a contributing
factor;
-
Random
Tests – Employers test employees on a random basis; usually, employees are in a
safety or security-sensitive occupation;
-
Reasonable Suspicion Tests – Employers test employees after observing patterns
of possible drug use, symptoms of being under the influence, or an arrest or
conviction for substance abuse; and
-
Treatment
Follow-up Tests – Employees who have returned to work after participating in an
alcohol or other drug rehabilitation program are tested at random or specific
intervals to ensure they are abstaining from substance abuse.
EMPLOYEES/JOB APPLICANTS
The following information applies to employees or job applicants who may be
subject to drug testing
-
Some
employers may be required to test you when you apply for a job. However, you
must be given notice of this requirement in writing and be given the results of
a positive urinalysis test. The results are confidential.
-
Employers
cannot ask employees to take drug tests unless they have a reasonable belief
that the employee is under the influence of alcohol or drugs which can affect
job performance. Employees with jobs where safety is important, such as bus or
truck drivers, forklift operators, or nurses can be tested at any time.
-
If a drug
test result is positive, the employer must have the employee take a second test.
The second test must be performed by a different testing company. An employee
cannot be fired, transferred or refused promotion unless the second test
verifies the results of the first test.
SOURCES: Questions & Answers about Drug
Testing and Work: Flyer posted on the Legal Assistance Resource Center of
Connecticut website; Making Your Workplace Drug Free –Employer Tip Sheet #9
posted on the National Clearinghouse for Alcohol and Drug Information-National
Institute on Drug Abuse website; Drug Testing – Reasons for Testing posted on
the Substance Abuse and Mental Health Services Administration – Division of
Workplace Programs website