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Implementing a Drug Testing Program

March 25, 2010 in Employee Drug Testing Information

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Drug Testing Programs

A drug-testing program should not be implemented without first establishing policies and procedures. The most common type of testing program is pre-employment. Courts have consistently upheld the legality of requiring a pre-employment drug test as a condition of employment. It is a best practice to obtain a consent and to clearly indicate drug testing is a requirement for employment.

If a firm plans to conduct post-hiring testing for current employees, then the employer should include training and education for supervisors and employees, as well as guidelines for discipline in the event of a positive test. Post employment testing includes random testing (for safety sensitive positions), individualized suspicion testing, post accident testing, and testing that is legally required in certain industries, such as Department of Transportation (DOT) requirements concerning truck drivers. Each of these types of testing is legally sensitive, and an employer should have a program in place before starting.

Although the Americans with Disabilities Act (ADA) and similar state laws provides protection for people who are in rehabilitation for a drug addition, the ADA does not protect people currently using illegal drugs, and does not effect drug testing.

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