What procedures can employers follow to avoid legal challenges in conducting drug screening?

Question

What will be an ideal response?

Answer 1

To avoid legal challenges, consider instituting the following commonsense procedures:

1. Inform all employees and job applicants, in writing, of the company's policy regarding drug use. Notify them 30-60 days before the drug-testing program takes effect.
2. Include the policy, and the possibility of testing, in all employment contracts.
3. Present the program in a medical and safety context. That is, state that drug screening will help improve the health of employees and will also help ensure a safer workplace.
4. Forbid employees from reporting to work or working while under the influence of alcohol or drugs.
5. Outline the procedures for taking the test. Tell employees who are taking prescription drugs to inform their supervisors. Notify employees that they may be required to provide a physician's release to work while using the medication.
6. If drug testing will be used with employees as well as job applicants, tell employees in advance that it will be a routine part of their employment.
7. Employees who are more sensitive to job-safety issues are more likely to perceive drug screening as fair.
8. If drug testing is done, it should be uniform-that is, it should apply to managers as well as nonmanagers.
9. Continue to comply with federal regulations.