February 5, 2024 Drug Testing: What Should Employers Know?

This article is meant for business owners looking for a refresh on drug testing policies.

Whether or not to administer drug tests to employees is a tricky question to navigate in the present business landscape. With the legalization of therapeutic psychedelics and recreational marijuana across the US, more employers have to revisit their drug screening policies. That said, drug screening is not illega and it is a must for high-risk, safety-sensitive industries like healthcare and construction. With the complex workforce, employers should weigh their drug screening methods, adhere to Federal and state laws, and keep their businesses and employees safe. This article is meant for business owners looking for a refresh on drug testing policies regarding legality, types of drug tests, and whether it’s right for their business.

Can Employers Ask Employees for Drug Testing?

Employers in all states can legally ask their employees to take drug tests, but it is a complex process. According to the Drug-Free Workplace Act of 1988, drug testing in safety-sensitive industries like logistics, transport, aviation, defense, and security is a requirement. Outside the safety-sensitive realm, private employers in the US don’t have to engage in drug and alcohol screening necessarily. Despite the lack of Federal regulations, it doesn’t mean that employers shouldn’t or cannot test their employees. Before testing the employees, employers should know the latest state and local laws and workers’ rights. You can also search for “drug testing near me” for a list of accredited testing services and labs. Most sites like Health Street will have information on a state-by-state basis regarding legality and what kind of panel to use.

State Laws for Drug Testing

Drug screening varies from one state to the other. For instance, in Michigan, no laws prohibit employers from creating drug-testing policies in their workplaces. However, in states like Ohio or Maine, there are regulations that employers should abide by to avoid legal complications concerning drug testing near you. The state laws dictate how employees should take the test, who can take the drug screening, how much advice notice should be given to the employees, and how to resolve the problem following a positive drug result.

Legalization of Marijuana

Things are complex because of the rising legalization of psychedelics and marijuana for recreational or medical uses. Employers in safety-sensitive industries like logistics, transportation, construction, and security have concerns with new legalizations as they conflict with the existing drug testing programs. Marijuana remains a Schedule I controlled drug/substance at the Federal level. Employers have margins when screening cannabis, but they should abide by the drug testing policies and regulations of the state and still test for marijuana abuse/overuse.

Several employers treat marijuana as alcohol, prohibiting its use and influence during work hours. Employers in high-risk or safety-sensitive industries mandate employees to undertake drug testing regularly to avoid accidents and injuries. Prohibiting controlled substances only when employees are at the workplace is one of the effective ways employers attempt to comply with new state laws and safety standards at workplaces.

Why Do Companies Perform Drug Tests?

Companies perform drug testing for the following reasons:

• To reduce or eliminate the risks of accidents and injuries in the workplace
• To safeguard the safety of employees and customers.
• To eliminate company liability
• To alleviate property damage
• To maintain top-notch workplace efficiency and productivity
• To reduce company expenses linked with reputation and injuries

Working Mechanism of Drug Testing in the Workplaces

Company policies and regulations vary from one organization to another. Several employers require employees to submit to a job site rapid drug screening before sending workers or employees with positive drug tests to a laboratory for confirmation. Drug tests on employees require samples from blood, urine, saliva, hair, and nails to screen drugs like:

• Cocaine
• THC- marijuana and cannabinoids
• Opioids- heroin, morphine, codeine, and opium
• PCP (Phencyclidine)
• Methamphetamines
• Amphetamines
• Hallucinogens-ecstasy, LSD
• Alcohol as additional screening

Should Employers Include a Drug Screening Policy?

The decision to include a drug screening demands careful consideration. The employer should ask themselves the following questions:

• Does the industry need drug screening?
• What are the risks for injuries in the job site/workplace?
• Do state or local drug screening laws influence employees based on location?
• What is the expense of implementing a drug testing program?
• How will a drug screening program impact the company culture?

Conclusion

Drug testing is standard in all workplaces, but it comes with legal implications. Employers should understand that different types of drug screening demand unique legal requirements. Employers should ensure that drug testing has clear goals and abides by Federal and state regulations. It helps employers to maintain a drug-free and safe working environment while avoiding legal complications.

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