One of the most controversial subjects in regard to drugs is drug testing at workplace. This is primarily because it is generally a huge privacy issue. Any employer is legally allowed to use drug testing at workplace to determine whether or not his employee is using drugs.
As a protective measure, drug testing is the biggest and strongest method to keep drugs away from the workplace. Many companies use drug testing in order to randomly test their employees. The reasons for these tests are not based on the whims, but on a strong need to protect other employees and the business from the effects of drugs.
It is up to the business owner, however, to make clear to the applicants regarding how this process of employee drug testing works and how a positive result may affect their employability. Every applicant should read an employee drug testing policy, understand and sign before going through the test. It can protect the employer from many legal and personal problems in future.
The purpose of the employee drug testing policy is to establish guidelines through which the employer can test its employees for the illicit or otherwise inappropriate use of controlled substances, drugs or other medications that can adversely affect an employee's ability to perform his or her job, create safety issues.
Employee drug testing policy needs to be organized, clear and complete. It should take into account all the factors associated with the job and detail specifically how employees are to be tested. It should also include the penalties, options and possible help that will be given to the employee should a positive result come to light.
Employee drug testing rights
Drug testing at workplace can mean very different things to different people. For many employers, it provides a cost-effective way to weed out potentially unproductive or dangerous employees or applicants. For many employees, on the other hand, drug testing can seem unnecessary, disruptive and the one which violate their privacy.
An employer's drug testing program and drug testing at workplace is legitimate only if the particular procedures will not break the law and will not disturb the employee's rights.
Drug testing at workplace makes sure you're getting drug-free employees and may protect your business against drug-related litigation. As an employer, you have a legal right to insist on a drug-free workplace, but you also need to ensure testing doesn't infringe upon your employee drug testing rights for privacy. In fact, the Americans with Disabilities Act (ADA) forbids you from testing an applicant for drugs until you've made a conditional offer of employment. Some states only allow testing for certain jobs, like safety-related positions.
According to the employee drug testing policy drug testing at workplace generally falls into one of the following categories:
Be careful and make sure your company has solid reasons for drug testing at workplace. Drug testing at workplace should be limited to determining actual impairment of an employee's ability to perform or fulfill the essential duties or requirements of the job. It should not be directed towards simply identifying the presence of drugs or alcohol in the body.
According to the employee drug testing rights the employer has to inform the candidate in advance that drug screening is a standard part of the hiring process and that other candidates are similarly tested.
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