To test or not to test? Rolling out a drug testing program can improve safety, but it can also have major fallout if you fail to conduct proper planning. Whether you’re looking to improve workplace health, reduce a current trend in drug and alcohol use, or comply with legal standards, drug testing can significantly reduce risks. But please note, the message and awkward nature of drug testing can have impacts on your team’s morale and trust.
Drug Testing in the U.S.
Drug testing is a common practice in the U.S. Surveys show that 50%-60% of U.S. employers conduct some form of drug testing.
Legal rulings related to drug testing are complex, but there is currently no state where drug testing is banned. There have been significant changes around the legality of marijuana as it has been legalized in 24 states.
The most common drug tests include urine, hair, blood and saliva, and they can be conducted before hiring, after a safety incident, for cause or even randomly. The Department of Transportation (DOT) conducts federal drug testing for all transit-related jobs.
Conduct Legal Research
As an employer, your right to conduct drug testing will depend on your state laws. When designing your program, it’s essential to understand the legal foundations, and that you follow state and federal laws. While most state regulations are similar, there are differences, and changes are expected in the future.
Legal obligations and rights
A common drug testing program may lead some employers to believe that such a system is self-explanatory. But make no mistake, not communicating the laws to your staff could be considered illegal or discriminatory. The rules can be complicated, and many people may have different expectations based on past experience. As an employer, it’s important for you to offer all legal information and ensure each employee is aware of what is expected of them when they agree to drug testing.
Communicate with your team
While the benefits of drug testing are obvious from a safety standpoint, implementing one can create morale issues. Employees may feel they aren’t trusted, and some may see it as an invasion of privacy. You can’t control the reactions of every team member, but you can avoid many of these issues by consistently communicating the reasons why you are conducting the program and why you welcome any feedback.
Be Consistent
Even at companies with established drug testing, perceptions of inconsistency or double standards can lead to staff mistrust. A common example is a policy with stringent rules forbidding working under the influence. This may seem obvious, but in a world with happy hours or in-office drinking events, it can lead to confusing situations. It’s important for these grey areas to be covered by your policy, with clear expectations.
Another issue is drug testing only among specific teams, which employees could see as discriminatory. A business which employs both office and field staff may only test those in the field who drive or operate equipment. It’s important for this to be clearly explained and supported with evidence. Otherwise, it could be interpreted as favoritism.
Accessible and Available
It’s important to make sure your employees have access to written policies and instructions in the way the tests are conducted. Providing team members with copies of the policy and keeping them updated on changes will avoid confusion and frustration. Clear communication is key.
For information, please do not hesitate to contact GroupOne Background Screening.