Employers have the authority to conduct drug tests as mandated by various employment laws and legislation to provide a safe workplace and protect the entire public. The test can also be voluntary through employee consent or contractual as covered in the employment contract. It is also a measure employers use to boost productivity and reduce liabilities that may arise due to employee intoxication while undertaking their duties.
Drug tests are a common practice in various companies, and if you are planning to implement a drug test policy, you first need to understand everything about it. Here are some guidelines that you must follow.
Types of drug tests
An employer can conduct many tests depending on their expected results. An employer can perform these tests internally, and if any issues emerge, the employer can also find more information about- employment drug tests near me. Here are some standard drug tests you should expect your employer to conduct:
- Urine test: The employer can either do it at the workplace or inform all employees to conduct the test at a healthcare facility. The test indicates the presence of the drug’s residue in the urine. It is more effective for testing alcohol levels and intoxication.
- Breath test: This method helps to identify alcohol levels in an employee. A person blows in a device that measures blood alcohol levels.
- Blood test: This method is more effective when determining whether employees are using hard drugs such as cocaine. It is not common unless the employer suspects the employee might have died or caused an accident due to a drug overdose.
- Hair Analysis: This method is effective for tracing long-term drug usage traits. It can trace cases of when an employee used drugs 90 days ago. It is an effective method for an employer to ensure employees stray free from drugs. Such a method is not effective for detecting alcohol but is suitable for other drugs such as marijuana, cocaine, and heroin.
When do employees conduct a drug test?
Employers can order an employee drug test as long as such terms are in the employment contract. The most common times when employers order drug tests include:
- Before employment: Certain jobs require employees to undergo a drug test before starting their occupation. These jobs include truck driving, military, and other sensitive jobs requiring higher attention levels.
- Reasonable suspicion: Employers can order a drug test when they obverse an employee’s signs and symptoms of intoxication. The test may determine if the employee is on drugs to justify their behaviors. The employer can then advise the employee to stay home until the results are ready. If the tests are negative, the employer can order other tests such as mental health to ensure the employee handles their current situation.
- In case of an accident: Whenever a workplace accident occurs, the employer can conduct a drug test to prove the cause of the accident or limit certain liabilities arising due to the accident. The test may prove intoxication, but there is no guarantee that the drugs cause the accident.
- Periotic testing: Most companies order all employees to undergo periodic drug tests. The employer, alongside a health facility or an expert, can schedule the tests so that employees prepare for the tests in advance.
- Random testing: Random tests usually occur without any prior information. Sometimes the employer can announce random tests a few hours or days before the actual test duration. Most random tests can be scheduled using computers to give employees equal chances of selection for the tests. Random tests can also be done based on selection when a computer randomly selects an employee for random tests.
- Testing after return to duty: After an extended leave, employees should have the mentality and meet the effective requirements to resume their jobs. It is also an effective way to ensure employees maintain the drug policies whenever they are on leave, not becoming victims of drug addiction and other consequences of drug abuse.
Why do employers conduct a drug test?
There are many reasons why employers conduct drug tests. Besides the health impacts of drugs on employees, employers have other genuine concerns about the effects of drugs. Employers order drug tests to address problems arising due to the impact of drugs on employee performance. They can also order the tests to identify employees with drug addiction challenges and put them in rehabilitation.
Specific jobs, such as logistics companies, must abide by state regulations about all truck and machine driving employees passing the drug tests. Therefore, all employers must abide by these conditions to maintain a safe working environment. Some employers order drug tests to reduce medical liabilities and insurance coverage that can be high when employees use drugs that can complicate the treatment process for various insured conditions.
What drugs can the tests detect?
Employers conduct drug tests as they aim to determine the presence of the following drugs:
Alcohol
Cocaine
Heroin
Opiates
Marijuana
Prescription drugs
Hallucinogens
Amphetamine
Inhalants such as glue
What happens if an employee fails a drug test?
Violating a drug policy can lead to various disciplinary measures. Such measures depend on factors such as the levels of intoxication, the drugs, and the number of times an employee fails the drug tests. In some companies, when an employee fails three subsequent tests or is intoxicated from certain hard drugs or the test reveals high levels of intoxication, the employer can terminate their employment contract. Other disciplinary measures can lead to suspension, demotion, or assigning different roles with strict drug policies and supervision.
Can an employee decline a drug test?
Once an employee signs an employment contract with drug test clauses, they cannot refuse to take a drug test. However, they can only raise concerns about specific actions that warrant a violation of the employer’s authority related to drug test policies. If an employer asks an employee to take the tests many times a year without any signs indicating intoxication. In that case, an employee can decline or raise concerns with the relevant department. Otherwise, denying a drug test can lead to disciplinary measures such as contract termination.
Conclusion
Drug tests are disciplinary measures used by employers to ensure employees are not under the influence of any drugs. As an employee, before you consent to any drug policy, you need to read the terms carefully to ensure they are not exploitative. Going through the terms before signing ensures you comply with the policies and void future disciplinary measures such as loss of job.
