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5 MOST COMMON DRUG TESTING MISTAKES MADE BY EMPLOYERS

July 19th, 2018 Timely Tips

A solid drug testing policy can save a company from a world of hurt. Not only can you avoid hiring a potential drug abuser, you can have the peace of mind that comes with the consistent drug testing of your employees.

Even with the best intentions, employee drug testing procedures can go awry in many ways. If you don’t have a reliable drug testing policy, you risk the liability of having an intoxicated employee injure themselves, a co-worker or a member of the public. You risk employing people who are impaired on the job. You risk being subject to lawsuits for poorly handled drug testing.

Your business can’t take the risk of making mistakes with its employee drug and alcohol policy. Read about these five common employer drug testing mistakes and how to avoid them.

TESTING MISTAKE #1 ~ WRONG TEST TYPE

Remember that you can’t just test whomever you want, whenever you want. 49 CFR, Part 40 defines six circumstances for which to drug test:

  • Pre-Employment: Before you hire someone, after you offer them the job ~ It’s a good idea to be upfront about this requirement during the interview process.
  • Post Accident: After a worksite accident ~ Keep in mind that you should not automatically drug test any employee involved in an accident, according to the Occupational Safety and Health Administration regulations.
  • For Cause: You have a “reasonable suspicion”of drug use ~ This isn’t just a hunch, but you have reason to believe through direct observable evidence of an employee appearing impaired on the job.
  • Return-to-Duty: Following a positive drug test, a refusal to test, or a violation of a specific drug or alcohol rule ~ An employer may request such a test if any of the three scenarios apply. This testing is required for DOT mandated agencies.
  • Follow-up: Following a positive drug screen ~ Employers strive for safety in the workplace. Employees may be required to undergo random, follow-up testing for a period of time to reduce the risk of an on-the-job accident or injury.
  • Random: Within a structured randomized program ~ If you choose to implement random testing, it is wise to consider using a random pool program managed by a third party to provide transparency while ensuring the pool (employee list) is consistently updated with each selection completed using a randomizer software program.

TESTING MISTAKE #2: SHORT-SIGHTED TEST PANEL

If your company is using the standard five-panel drug test that may be sufficient. However, many companies are expanding the number and type of drugs for which they test. Opioid abuse in particular is costing employers millions in lost work time, accidents and increased health care costs. Businesses are choosing to change their test panel to include additional opiates like hydrocodone, oxycodone, hydromorphone and oxymorphone.

TESTING MISTAKE #3 ~ KEEPING IT UNDER WRAPS

Go ahead and reveal everything about your drug testing policy and program to your employees. Don’t make employee drug testing become a mysterious monster in your organization. Explain to your employees that their safety is paramount. Drug and alcohol testing is a part of ensuring a safe workplace for all. An informed employee is generally a happy employee. Educate your employees about the company’s drug testing process. What should they expect? How will they be notified? How will they be expected to respond, and what happens after the test? If you keep everyone in the loop, you reduce confusion and circumvent tense scenarios when the time comes for an employee to be tested.

TESTING MISTAKE #4 ~ OUTDATED, ILLEGAL OR IGNORED

It’s hard to tell which is the most damaging to an organization – a nonexistent employee drug and alcohol policy, an outdated policy, or a policy that blatantly violates the law. Stop wondering whether your existing policy is compliant, or necessary.  Confirmed liability can be the kiss of death to an otherwise thriving business. A company’s drug and alcohol policy and testing program assists you in your efforts to maintain an accident free and productive workplace. Ensure current laws are reflected in your workplace drug and alcohol policy.

Employees are  a company’s biggest asset. An impaired employee can affect many areas in a company such as cash flow, revenue development, growth, credit worthiness, reputation and the overall ability to meet client needs.

Pay attention to your workforce. They represent your brand.

TESTING MISTAKE #5 ~ FAILING TO CALL IT AS YOU SEE IT

Let’s face it, many people avoid confrontation at all costs. It is a common occurrence for Timely Testing to encounter managers who struggle with requesting  a test for “Reasonable Suspicion.” It can be difficult to address an employee who you suspect of being under the influence while at work. As such, reasonable suspicion is the least utilized reason for workplace drug and alcohol testing.

When you suspect an employee is under the influence of drugs or alcohol, documentation is key. Having a written record of your direct observations concerning behavior, appearance, odor and immediate work performance supports your decision to move forward with reasonable suspicion testing. Companies that fail to have procedures in place for this type of testing – regardless of the outcome – put themselves at risk for legal liability, fines and financial losses.

 

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Disclaimer: The material posted on this website is provided for informational purposes only. It is not intended as and does not constitute legal advice. Timely Testing is not a law firm, and its employees and principals are not attorneys. Accordingly, the information supplied by Timely Testing should not be construed as providing legal advice on any subject matter.