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4 Critical Drug-testing Don’ts for Employers

We don’t have to tell you why it’s important to drug-test employees and job candidates: Drug abuse and addiction at work can have severe consequences for your business. It can open your organization to potential lawsuits and damages or even lead to workplace fraud, theft, or violence. For these reasons and more, it’s critical for every business to have a drug-testing program in place.

Not just any program will do, however. Strict laws govern the proper administration of every drug-free workplace program. As the experts on drug testing and employment screening, all of us here at KRESS know how complicated it can be to create a legally compliant drug-testing program from scratch. That’s why we help businesses implement drug-testing protocols that will be an asset to their workforce, not a hindrance.

If your business has already implemented a drug-free workplace policy or if you’re considering doing so, here are four things you should absolutely NEVER do:

1. Administer ad hoc drug tests for some applicants but not others.
There are important standards that any random drug test must adhere to. If you test some employees and not others without a solid, written policy in place, you could be exposing your business to costly employment discrimination claims.

2. Administer a drug test before you extend a job offer.
This is another great way to open yourself to a potential lawsuit. Job offers can never be contingent upon the results of a drug test—only employment.

3. Allow an employee to start work until you have reviewed the results.
This may seem obvious, but too many employers do it anyway. Do not put a job candidate to work until you receive his or her drug-screening results. If they’re high on the job and cause an accident, for example, you could be held liable.

4. Send an employee for a reasonable suspicion drug test if there is not a trained employee on reasonable suspicion to sign-off on the drug test.
Reasonable suspicion must meet certain standards to be deemed “reasonable” in the eyes of the law! Red eyes aren’t enough to mandate an automatic drug test for an employee. Make sure you partner with an experienced drug-screening provider like KRESS to ensure you have a sound drug-free workplace policy and place and remain compliant.

There are four primary forms of employment drug testing: pre-employment testing, reasonable suspicion, random, and post-accident drug testing programs. Protect your business by working with an experienced, well-regarded screening provider to ensure that your drug testing program can survive a potential lawsuit. For assistance, contact us today!

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