Dear HR:
I suspect a couple of my employees are using drugs, can I send them in for a random drug test? Or should I test the entire department? Or should I test my entire staff? What can I do?
HR Answer:
If you suspect a certain employee is under the influence or showing signs of impairment, you may instead, opt to test a specific employee based on ‘reasonable suspicion.’ The good news is that testing for current use of illegal drugs is permitted under current Federal and State regulations. Meaning, employers may legally discipline or terminate employees who test positive for illegal substances. If you suspect a certain employee is under the influence or showing signs of impairment, you may instead, opt to test a specific employee based on ‘reasonable suspicion.’
Before choosing the “random testing” approach of drug-testing your employees, make sure to check your drug-free workplace policy to ensure random testing is included. If random testing is permitted, then it should be truly a random basis test conducted through a random selection process. You don’t get to randomly pick which employee’s you want to test.
When choosing to test by department, you will need to differentiate between departments if there is a distinct way of doing so. Many companies implement more stringent DRUG TESTING policies for safety-sensitive positions and/or departments – so be ready to state why your company has selected a particular department to be tested.
Keep in mind, as an employer, you may not discriminate in the way you implement drug testing. Obviously it could be perceived as discriminatory to test only female employees or only Hispanic employees. For assistance in implementing or updating your drug-free workplace policy contact Cardinal.