Last updated : November 11, 2024
According to the National Council on Alcoholism and Drug Dependance (NCADD), of the estimated 14.8 million drug users in America, 70% are employed and probably cost employers $81 billion dollars a year. Drug use can cause inconsistent work quality, absenteeism, and poor concentration. Testing has been found to reduce drug abuse but it’s important to ensure the productivity cost of that drug use in the workplace is not compounded by legal fees as the result of poor testing policies.
Inconsistent Administration
When creating a workplace drug testing policy, it’s important to make sure that once it’s established, it is consistently administered. Employers have a right to test employees, but are not required to do so unless they accept money from a government organization that does, or perform safety-sensitive jobs like transportation. It’s important that the policy is carefully explained and the reasons for drug testing be made clear to all employees. This is to prevent any claims of discrimination by employees who may feel singled out. Unfair testing policies can also create an environment where drug use leads to carelessness and errors in judgement in the workplace, which may mean more frequent on the job accidents. Drug-using employees are 3.6 times more likely to be involved in a work-related accident and up to 40 percent of industrial fatalities are linked to employee drug abuse.
Improper Accommodation
If the employer does wish to test, the guidelines in place must conform with the Americans with Disabilities Act and treat each employee fairly. One major retailer discovered that not having alternative methods of testing in place for a potential employee with kidney disease was quite costly. Relying on only one test is a recipe for failure, so having contingencies in place will ensure that each employee, while different, receives the same amount of consideration. Depending on what type of work your employees do and what state you’re in, you may also have different guidelines for testing. In some cases, employees may need prescription medications to perform and screening out those drugs may make it impossible for them to perform work they’d otherwise be able to do. Preparing a proper foundation means protecting employees who need prescriptions to perform while still being able to prevent abusers from harming themselves or others while working impaired.
Incomplete Documentation
Having a paper trail is important on several accounts. In states where reasonable suspicion is enough cause for a test, whether through changes in the worker’s behavior or appearance, it’s important to fully document any such evidence. Supervisors should be trained and an appropriate plan of action should be in place. This is especially true if a zero-tolerance drug policy is in place and as for illegal drug use, there is no protection under the ADA. Some employers may offer a “second chance” or treatment plans for suspected employees in the cases of failed tests. It’s also imperative to maintain good documentation of the overall testing procedure and the chain of custody of tested samples. The sample must be properly labeled and identified as that of the employee and any results must remain confidential. It is the burden of the employer to prove that the sample was properly handled, that there was reasonable cause to test, and that the chain of custody was appropriate. By properly discussing options with the testing facility, you can be more secure in knowing that once a random test becomes necessary, it will be handled without issue.
Testing is only one part of maintaining a drug-free workplace. Employers who pair screening with information and education usually have a more successful drug free workplace because employees can get help before problems grow big enough to impact others. Caring, in this case, can be cost-effective.
