Implementing a drug testing program at your organization can improve safety and accountability, but it can also have major repercussions if you fail to conduct proper research, planning, and communication. Whether you are looking to improve workplace health, reduce a worrying trend in drug or alcohol related incidents, or comply with legal or other standards, drug testing can significantly reduce risks and legal hazards. However, the implicit message and generally awkward nature of drug testing can have impacts on your team morale and trust. Here’s some information about employee drug testing along with some common do’s and don’ts:
The state of drug testing
Drug testing is a fairly common practice in the United States. Recent surveys show that around 16% of employers conduct some sort of testing, however, because these organizations tend to be large, this testing covers an estimated 46% of all employees. It is notable that these numbers are trending down; as much as one-third of employers drug tested in 1991.
The legal rulings about drug testing can get complex, but there is currently no state where drug testing is banned outright. There have been significant changes around the legality of marijuana use as it has been decriminalized or legalized in a number of states.
There are a range of methods, causes, and frameworks for determining and conducting testing. Common tests include urine, hair, blood, and saliva, and they can be conducted before hiring someone, after a safety incident, for cause, randomly, or after someone has missed time at work due to injury, vacation, or some other reason. The Department of Transportation conducts a federal drug testing program of all transit-related jobs. This DOT test only applies in transit-related fields, and is often done in conjunction with other government entities, such as the US Coast Guard.
Do: Conduct legal research and consult with an expert before starting your program
As an employer, your exact rights to conduct drug testing will depend on the state and what you disclose to current and future employees. Certain states have specific requirements, while others have no written law governing testing. When designing your program, it is essential that you understand the legal foundations it sits on, and that you are in compliance with state and federal law. While most state regulations are fairly similar, there are some differences, and in all likelihood, more to come in the future. For example, California forbids any discrimination or retribution against employees who use marijuana while not at work. However, this law does not supersede the DOT drug policy, as marijuana is still federally illegal.
Don’t: Assume your team understands their legal obligations and rights
The prevalence of drug testing may lead some to believe that such a program is self-explanatory. However, not communicating the nuances and laws to your staff can be, at best, disrespectful, and at worst, could be considered illegal or discriminatory. As the California law mentioned above shows, these laws can be complicated, and many people are misinformed or may have a different set of expectations based on past experience. As the employer, it is incumbent on you to offer ample information and ensure each current and future employee is fully aware of what is expected of them when they agree to a drug testing program.
Do: Communicate with your team early and often, and create space for feedback
While the benefits of a drug testing program are obvious from an organizational standpoint, implementing one can create morale issues. Employees may feel that they aren’t trusted or seen as responsible, and some may see it as an invasion of their private lives. While you cannot control the reactions of every team member, you can head off many of these issues by conscientiously communicating about the reasons why you are conducting this program, why it matters for the mission of your nonprofit, and that you welcome any concerns or feedback.
Because different workplaces, teams, and roles have different schedules and expectations, the mechanics of a random drug testing policy can be difficult to implement in a way that is not disruptive to people’s schedules and lives. Welcoming feedback can help you alleviate this issue.
Don’t: Be inconsistent or offer mixed messages
Even at companies with longstanding drug testing policies, perceptions of inconsistency, double standards, or other sources of doubt can lead to mistrust among staff. One of the most common examples is a workplace policy which offers stringent rules forbidding working under the influence of drugs or alcohol. This may seem straightforward, but in a professional world where post-work happy hours, in-office bars or beer kegs, or semi-formal drinking events are normalized, it can lead to confusing and frustrating situations. It’s important that these sorts of grey areas are covered by your policy, both in what you expect and what is considered inappropriate.
Another common issue is drug testing only among certain teams, which many could see as discriminatory. For example, a business which employs both office staff and field workers and volunteers may only test those in the field, as they are driving, operating equipment, and engaging in other physically demanding tasks, and as such, are more at risk of accident. However, unless this is clarified, explained, and supported with evidence, it could be interpreted as favoritism.
Do: Make your drug testing policy easily accessible and available
It’s very important that you make sure your team members have access to any written policy on the matter, and be given insight into the way the tests are conducted. Providing current and future team members with physical and digital copies of the policy and keeping them updated on any changes will help them not feel blindsided or pressured into something they didn’t agree to.
It can be hard to choose the best way forward. We’re here to help
Our organization is made up of experts who have been through the same things you’re going through. 501(c) Services is dedicated to helping you move forward with whatever you think best serves your organization and mission. If you’d like to learn more about our approach and services, get in touch with us.
ABOUT US
For more than 40 years, 501(c) Services has been a leader in offering solutions for unemployment costs, claims management, and HR support to nonprofit organizations. Two of our most popular programs are the 501(c) Agencies Trust and 501(c) HR Services. We understand the importance of compliance and accuracy and are committed to providing our clients with customized plans that fit their needs.
Contact us today to see if your organization could benefit from our services.
Are you already working with us and need assistance with an HR or unemployment issue? Contact us here.
The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
(Image Credit: Canva.com)
