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What you should know about alcohol and drug testing in your company

On Behalf of | Jun 4, 2023 | Business Law

Undeniably, you want your employees to be sober to be productive, serve clients appropriately and keep colleagues safe. However, informing your employees not to drink or use drugs when at work may not be enough. Some may break this rule. For this reason, you may need to have an alcohol and drug testing program.

Here are three things to keep in mind when implementing this program. 

Have a written policy

Your alcohol and drug testing policy should be written, and each employee should have a copy of it. They should be informed about: 

  • The tests to be administered 
  • How the tests will be conducted 
  • Drugs tested for 
  • The consequences for testing positive/expected employer actions 
  • The steps they can take to explain their positive result to protect their rights

Further, it will help if your policy includes an employee assistance program or any rehabilitation services the company can offer employees struggling with addiction or substance use disorder.

Value confidentiality

Alcohol and drug testing should be conducted privately in your company. Everyone should be handled in a confidential setting. In addition, always double-check results to avoid disclosing information to the wrong person.

Consider state and federal laws

You should be informed of the federal and state laws surrounding alcohol and drug testing in the workplace to ensure you conduct your program correctly. For instance, testing should be done with a device cleared by the Food and Drug Administration (FDA). The tests may also need to be performed in specific laboratories, and so on.

An employee may sue you for an issue relating to alcohol and drug testing. If this is your case, you should get legal guidance to defend your actions.