Last updated : November 25, 2024
Many teenagers want to enter the general workforce as soon as possible. The reasons vary, of course, but for many, it’s the drive to keep their cars on the road. Or, perhaps, it’s ensuring that the latest trends in clothing and accessories are hanging in the closet. Whatever their reasoning, parents know that having a job teaches their minors to take on more responsibility and about time management. Both are important traits to possess as they begin to navigate life on their own.
Employers who hire the teenage workforce may operate a drug-free workplace. If so, minors shouldn’t be exempt from participating in employee drug testing. One of the main reasons is that the employer could open themselves up to a lawsuit at some point. Let’s use a disgruntled employee who didn’t pass their drug test as an example. Drug testing all employees across the board is a much safer tactic.
Is it legal to test minors without parental consent?
The flat answer to that question is that it depends. As far as national drug screening goes, employee drug testing is only mandated by the federal government for specific industries. The Department of Transportation (DOT), for instance, mandates drug testing for all employees who come into contact with the general public.
Employers of the general workforce, however, must conform to any state drug testing laws that are in effect. Some states are referred to as open states. That means that the state government doesn’t restrict drug testing, but it doesn’t have specific requirements about it either.
Those states include:
- New Hampshire
- Nebraska
- Wisconsin
- Washington
- Teas
- South Dakota
- Pennsylvania
- North Carolina
- Michigan
- Massachusetts
Moreover, several states don’t allow pre-employment drug testing; that list includes:
- Alaska
- California
- Connecticut
- District of Columbia
- Maine
- Massachusetts
- Minnesota
- Nevada
- New York
- Oregon
- Rhode Island
Of course, these states allow for exemptions for federally mandated safety-sensitive employers.
When writing your drug-free policies and procedures, it’s wise to work with someone knowledgeable about the drug testing laws that apply in your state. If you hire the teenage workforce, they can also determine whether or not you must obtain parental consent before performing a drug test on a minor.
Safety matters
Teenagers are known to experiment with drugs. They also don’t think much further than “the nose on their face.” Showing up for work after smoking a joint with friends after school may not be something they would refrain from because marijuana use is publically accepted as a “harmless drug.” We’ll note here it appears that way of thinking may be en route to change, however, because data suggests that the highly concentrated strains of marijuana that are available today are causing teens to experience psychotic episodes.
Whether it’s marijuana or some other illicit substance, teenagers who take drugs are putting themselves at serious risk of addiction or worse. And, if they come to work high, they’re putting others at risk too.
As an employer, your number one responsibility is to provide a safe working environment for your employees. Drug testing is a huge step in the right direction because, more often than not, someone who uses drugs isn’t going to apply for a job if they have to pass the test first. Minors included. Anyone who uses but, say, abstains from doing so until after they nail the job, can be weeded out at a later date if the company they work for has a random drug testing policy in place.
Drugs mess with the mind
Drug use affects both cognitive and motor skills meaning that someone under the influence is more likely to make a mistake or act clumsily. When thinking skills or memory use is adversely affected by drug use—which could become permanent at some point due to continued use, especially, when talking about teenagers who have their entire lives before them yet—it puts everyone near the drug user at increased risk of being involved in an accident.
Companies that drug test report a decrease in the number of job site accidents. The benefits experienced by operating a drug-free workplace don’t stop there though.
Benefits of the drug-free workplace
Fewer onsite accidents are, of course, the number one benefit of operating a drug-free workplace. The ripple effect of that is pretty huge too, though. Your employers realize they work for a company that truly cares about their well-being and that makes them more satisfied with their jobs. Satisfied employees are happy employees. Not only will your work culture improve, but your employees work harder which increases production.
Moreover, tardiness and absenteeism decrease. This could be because you’re weeding out the drug users—who are notorious for calling in sick after partying all night or jonesing for a fix. However, it might be due to the happy employee factor to a degree too. Whether you’re aware they use drugs or not, if your co-worker may not be the most pleasant person to work with if they begin to experience withdrawal symptoms. Agitation can be a sign of that, as well as moodiness and depression.
Those signs can also be exhibited when someone is coming down from a high. Either way, if a co-worker is hard to work with, sometimes a “mental health” sick day is in order as far as the unhappy employee is concerned.
If you decide to begin a zero-tolerance or drug-free program, include your teenage workforce in the lineup. Determine whether or not the state you’re operating your business in requires parental consent before drug testing minors. Then, write your policies and procedures before implementing the test. If there are no laws that require you to obtain permission, maybe you could reach out to parents for consent anyway. Especially, if you’d want to know about it in advance if it was your teen.
