Discover the documents to prepare and the steps to take to ensure drug testing goes as smoothly as possible.
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While some employers conduct random and completely unannounced drug testing on their workers, there are some who schedule a company-wide drug test procedure, enabling employees to be aware of the upcoming drug test.
In this article, you will find basic information that outlines the documents to prepare and the steps to take to ensure drug testing goes as smoothly as possible.
If you’re going to be tested outside your place of work, make sure you bring a government-issued ID with you. Your driver’s license, passport, or any other identification issued by the government with your picture and legal name on it will do. This is to prevent drug users from sending someone else for the drug test in the hopes of passing the test. Remember, sending someone in your stead for a drug test is not just unsafe, but illegal as well.
It is important to know which drug testing method will be used so you can prepare for it in case it’s a method you’re not completely comfortable with. Since workplace drug testing is typically mandatory and you couldn’t just refuse a drug test without risking your employment, you could at least prepare yourself mentally if you know the method to be used in advance. Testing methods include, but are not limited to, hair, urine, saliva, and blood testing.
The reasons for the workplace drug test vary from one employer to another. Some do it to make sure everyone adheres to an established workplace drug policy. Other get it done to detect impairment at work. There are also employers who conduct pre-employment drug screening to make sure they don’t hire a drug abuser. Other reasons include employer liability, return from leave, or simply a change in company policy.
When you’re in the testing area, it is very important that you listen to the certified collector who is conducting your test. If you fail to cooperate during the collection or testing process, you could be tagged as someone who refuses to be tested, and that could get you in trouble.
More often than not, you’ll be asked to empty your pockets and remove your outer clothing. To avoid this inconvenience, it would be best to bring as few items as possible into the specimen collecting area. Nonetheless, if you have extra items with you on the day of the test, they will be secured by personnel of the testing site, and will be returned when the specimen collecting process is already done.
Drug testing is now a common practice in many workplaces that have made drug policy development a priority, and rightly so. For all the issues that its opponents have thrown against it, workplace drug testing remains the best way of determining impairment among its workers, and it has proven to be instrumental in the prevention of countless workplace accidents. With workplace drug testing, employers have been able to make their workplaces healthier and safer for everyone.
Tips for employers who wish to establish a drug-free environment in the workplace
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A lot employers these days have already realised how important it is to have a drug-free environment in the workplace.
With all the trouble attached to drug-related mishaps and incidents in the workplace, the decision by employers to implement a workplace drug policy is a wise one. Some employers, however, don’t know where to begin just yet.
Here are some tips for employers who wish to establish a drug-free environment in the workplace for the first time.
What do you intend to accomplish when you implement a workplace drug policy? Do you want to catch those who come to work impaired by drugs? Do you want to be able to identify who are drug users in general among your employees? Are you planning to conduct pre-hire testing to make sure you don’t get to hire a drug user? These are the questions you need to consider and think about.
While pre-hire testing is easy and implementing it can be relatively inexpensive, regular drug tests for current employees can be costly, so make sure you have the budget for a consistent implementation of your workplace drug policy before actually implementing it.
When you are done with drug safety policy development, make sure you communicate it clearly to everyone within the organisation.
For a small business owner, conveying the drug-free workplace message quickly and clearly can be easily done. All they need to do is implement an education and awareness program which will explain not only the pertinent details of the entire workplace drug policy, but also information on the adverse effects of drug abuse in the workplace.
Managers and supervisors can undergo drug training programs that will help them communicate the drug policy to everyone as clearly as possible.
If your workplace drug policy includes drug testing, then you need to state the consequences of failing a drug test. That said, you don’t really have to immediately terminate an employee if he or she tests positive for drug use.
You can allow these workers to undergo evaluation and treatment, and forge with the said employees a return-to-work agreement that involves periodic future testing just to make sure that they are, indeed, drug-free.
Talking to your lawyers and getting them to review every single word of your workplace drug policy is perhaps one of the most important steps you have to take before its implementation.
Remember, all your employees have rights, and if they feel that your workplace drug policy has violated those rights in any way, you might find yourself at the receiving end of a lawsuit.
That’s why you need to make sure that the workplace drug policy is airtight and that your workers have been thoroughly educated about it. Using reasonable methods, following established testing procedures, and doing the tests right will also help you avoid litigation, which will always be costly no matter what the outcome.
Read about hair drug testing, a popular workplace drug testing method.
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Many employers are now implementing drug testing programs in their respective businesses. They use a variety of methods, including hair drug testing.
This method works by identifying the drug metabolites that enter the scalp’s blood vessels and are filtered by the hair. The metabolites stay in the hair as some sort of a permanent record of person’s drug use, and that’s why hair drug testing came to be one of the more common types of drug testing these days.
So what goes on during a hair drug test? Here’s a glance at the process.
The hair follicle drug test process is a simple and painless one.
A staff member of the drug testing company contracted by an employer to perform hair drug testing will cut a lock of hair of around 200mg from the crown of a person’s head.
The number of hair samples that will be taken will depend on the number of tests required.
Before taking the samples to the laboratory, the paperwork on them will have to be completed, so the employee being tested should make sure that all procedures relating to the chain of custody of the hair sample are followed to the letter.
Testing will begin once the samples reach the laboratory. The test will focus on establishing if drug metabolites, which are the parts of the drug that the body produces after consuming any substance, are present inside the shaft of the hair. The test will also try to establish the level of metabolites found in the hair. Drug use of up to three months can be detected with hair follicle drug testing.
Once the hair follicle drug test is done, a report will then be written up which will be reviewed and validated by the contractor’s toxicology expert. The results will then be sent securely within 3-7 working days upon receipt of the samples. However, it might take longer than that if the samples are being tested for complex drugs.
Hair drug testing, while an accurate way of testing for drug use, is not without issues. There are people who question its ability to detect and measure current drug use, for one.
As stated above, hair drug testing can detect drug use of up to three months. That means a person who last used drugs a few months ago may still test positive for substance abuse at work today. The metabolites stay in the hair that long, and shampoos cannot take them out.
Since most workplace drug tests are focused on establishing if an employee is impaired while working, it would seem unfair if a hair drug test declares an employee positive for drugs that they had taken months ago.
Hair drug testing is just one method of drug testing at work that employers can implement for their business.
There’s urine drug testing, which is the most common workplace drug test of all. Employers can also choose saliva drug testing, which is done by performing oral swabs on subjects.
Whatever drug testing method you choose, you should ensure it will provide the best fit for your workplace drug testing goals.
Contact us today to learn more about our hair follicle drug testing services.
The need for drug testing in the workplace is already being recognised by a growing number of employers.
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The need for drug testing in the workplace is already being recognised by a growing number of employers. If you’re an employer, you need to be aware that there a number of drug testing methods available to you. To know your options, here is some information about the different types of drug test.
Of all the available drug testing methods out there, the most common is urine drug testing. It is logical for urine drug testing to be common, because metabolites—the structures produced by the metabolism of all substances ingested by the body—use urine as its main excretory route. Analytical methods used to detect traces of any drug in the urine include immunoassays, thin layer chromatography, gas spectrometry and mass spectrometry.
Urine drug testing may be the most common form of drug testing, but saliva testing is becoming more popular simply because it is less invasive. However, it seems that saliva drug tests should only be used to detect very recent drug use to ensure accurate results. One study, for instance, reports that saliva testing can only detect cannabinoids when the subjects have smoked cannabis only 4-10 hours beforehand.
The idea of hair drug testing is based on the premise that drug metabolites enter the blood vessels of the scalp, and the hair will filter them and keep them as a permanent record of a person’s drug use. Many people, however, object to hair testing because it does not measure current drug use. A person could have last used, say, cannabis a few months before, and still be found positive today because residues of the substance will remain in the hair for months afterwards, and no amount of shampooing can take them away. The fact that much of today’s workplace drug testing is dependent on whether an employee is impaired while on duty makes hair drug testing quite irrelevant. The considerable cost and the lengthy processing of the hair samples are also reasons why few employers use them for workplace drug testing.
The most expensive and invasive of all drug testing methods also happens to be the most accurate. It actually detects right at the time of testing the presence of the substance and its metabolites in the blood. The actual amount of drugs in the blood at the time of the test can also be measured by a blood drug test. However, its cost and invasiveness makes blood drug testing used less frequently.
Perspiration drug testing is perhaps one of the newer drug testing methods available today. It works through a sweat patch affixed to the skin for a period of 14 days. The patch is worn to detect the presence of drugs that a person excretes through perspiration. However, this method is more commonly used to monitor people on probation or those involved in child custody cases.
These are the workplace drug testing options available to employers these days. If you’re planning on implementing employee drug testing, be sure to study your options so you can pick which drug testing method perfectly serves your purpose.
As an employer, your drug and alcohol workplace policy must indicate clearly the reasons for subjecting an employee to a drug test. For instance, the improvement of productivity, the safety of the operations, and maintaining good health.
You have to make sure that your policy also specifies the consequences a worker might face if they were to refuse testing.
Every employee should have signed the workplace drug and alcohol policy, understanding and agreeing to a drug test for justifiable reasons.
In Australia, it is perfectly legal to conduct workplace drug testing at work. However, crucial to effectively enforcing it is establishing a workplace drug and alcohol policy beforehand.
Why? Because it is important that your employees are aware of the following:
This is legally the only way to go about drug testing. The methods, frequency and consequences must be clearly stated. Every employee should be fully aware of these guidelines. Meanwhile, as an employer, you have to follow all of the things you’ve outlined in your drug and alcohol policy.
Similarly, if you update your processes, you must reflect the changes in your policy, inform everyone affected and have proof you have done so.
If you do not have a sound drug testing framework for your workplace, you simply cannot enforce any kind of drug testing. Even if an employee tested positive, you would likely not be able to apply any kind of consequences.
One of the best ways to do this is by teaming up with an experienced drug and alcohol testing service. Having a capable and reliable drug testing partner can help protect your company from liabilities related to workplace substance abuse. It can also make your workers feel more comfortable and trusting of your policy.
Safework Health will help you safeguard your business and employees from drug and alcohol-related incidents at work.
We will help create a comprehensive drug and alcohol policy for your company that includes staff training, drug testing and drug awareness programs. Moreover, our fast turnaround times for drug testing results mean minimal downtime on your operations.
Whatever your circumstances, feel free to contact us for a confidential discussion.
There are still a lot of things about drugs that many of us are probably still in the dark about.
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In this day and age, we all know a lot of things about drugs, particularly the illegal kind. We’re already aware of how dangerous they can be when abused, both in the short term and in the long term. Then again, for all the things we know about drugs, there are still a lot of things about them that many of us are probably still in the dark about. Here are 10 facts about drugs you probably didn’t know.
Of all the substances that people abuse, alcohol remains at the top. What many people don’t realise is that alcohol—a legal substance—is one of the most addictive and destructive drugs out there. In Australia alone, up to 15 Australians die each day due to alcohol-related illnesses.
You’d think that cocaine, heroin, and ice (crystal meth), with all the horror stories attached to them, are the deadliest substances in existence. The truth is, however, prescription drugs trump them all in terms of body count. In 2012, prescription drug overdose has caused more than 16,000 deaths in the United States alone. Even though you need a prescription for these drugs, the fact that they are easier to get a hold of than heroin remains.
In 1898, pharmaceutical giant Bayer marketed heroin—that most addictive of substances—as a “non-addictive” substitute for morphine and a cough suppressant. You can’t blame them really, because at that point in history, pneumonia and tuberculosis claimed a lot of lives, with people dying of something as routine as cough and colds. The world desperately needed a remedy that would suppress coughing, and heroin perfectly fit the bill. Its sedative and painkilling effects also provided great relief for TB and pneumonia sufferers. Naturally, heroin became quite the popular remedy—until people started getting addicted to it. When it became apparent that heroin is not the non-addictive remedy it was purported to be, the drug rapidly fell out of favour and was eventually outlawed everywhere.
Long before they were used to create that highly dangerous drug cocaine, coca leaves were—and still are—used as herbal cures. Coca leaves contain alkaloids that serve medicinal purposes. Aside from helping suppress hunger, thirst, pain, and fatigue when chewed, coca leaves also ease altitude sickness.
Was there ever a time when a pet of yours looked longingly as you raise a bottle of beer to your lips? Some pet owners actually give them a sip, and it’s obvious the dog or cat actually liked it by the way they hungrily lapped on the beverage. Sure, it’s just speculation on our part that animals like ingesting certain substances too, but there are reports of animals in the wild that actually exhibit a liking for the good stuff. Wallabies in Australia, for example, seem to have quite a taste for opium poppies, if a report of a Tasmanian government official during a Parliamentary hearing is to be believed. The official told Parliament that wallabies enter poppy fields and get high, and later crash.
Ice is noted for causing horrific scarring in users, but these scars come after a long period of using the drug. There’s a street drug from Russia that puts the flesh-eating properties of crystal meth to shame. Called ‘krokodil’, this lethal mix of pills, petrol, cooking oil, and lighter fluid literally cause the skin of its users to rot in record time. Eventually, users will be left with skin that quite resembles that of a crocodile, which is probably where the drug got its name. It is a commonly used drug in the poorest communities of Russia, where an estimated three million people have gotten hooked on the drug.
With all the hoopla surrounding the gradual legalisation of cannabis in many parts of the United States, many people seem to forget that cannabis wasn’t always illegal. It was, in fact, legal tender enough to be used to pay taxes from 1631 all the way up until the early 1800s. The British are to blame for this, as the English navy heavily depended on cannabis hemp fibres that are used to produce ropes and sails for its ships. To show how important cannabis was to their economy, the British decreed that all farmers grow cannabis, and even illustrious names such as George Washington and Thomas Jefferson obeyed that law.
For many years now, much has been said about the high that the innocent-seeming nutmeg provides. There have been countless reports of the nutmeg causing a certain type of high and in some cases, hallucinations. Using nutmeg as a substitute for alcohol and other drugs was prevalent in the 1960s and the 1970s, but it is said that the practice of using nutmeg as a recreational drug dates back to the time of the Crusades.
The critically acclaimed and widely popular American TV drama series Breaking Bad may have popularised crystal meth everywhere, but the drug that was a focal point of the show is hardly an American creation. Crystal meth was originally invented in Japan. First synthesised in 1893 by Japanese chemist Nagai Nagayoshi, the drug reached its current state or form when pharmacologist Akira Ogata reduced its ephedrine content in 1919. It is called shabu in Japan and in other Asian countries.
The drug problem is often labelled as an issue facing our youth, but there is growing evidence that there is a rise in drug use among people in their fifties and sixties, in the United States at least. According to the National Institute on Drug Abuse, the increase can be attributed to aging members of the Flower Power generation, who were deep into drug use during the 1960s and 70s as part of the swelling counterculture movement.
There is still so much to know about illicit drugs, which are a bane to society and to the workplace as well. If you’re an employer and you still haven’t had time to create a drug and alcohol testing policy, waste no more time and do it. Such policies, after all, are in the best interest of everyone.
Keep your workplace drug safe. Contact Safework Health today for a confidential discussion.
Developed by Parke-Davis in 1962, Ketamine is being marketed as an anaesthetic in human and veterinary medicine.
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Developed by Parke-Davis in 1962, Ketamine is being marketed as an anaesthetic in human and veterinary medicine. It has, however, become a popular recreational drug due to its capability to produce a dissociative state. Users usually report a sense of detachment from one’s physical body, as well as hallucinations.
Ketamine, which is also known as Special K, K, ket, kitkat, super k or horse trank, comes in a white or off-white powder form or a clear liquid form. Users usually inject, snort or swallow Ketamine when using, but there are users who prefer to mix it in a drink, or smoke it with tobacco or cannabis.
Upon ingestion, Ketamine users typically feel like they are disassociated from their body. Hallucinations may also occur. It is also common for Ketamine users to feel sluggish, sleepy, confused and clumsy. In most cases, those who have ingested Ketamine may look drunk, and babble incessantly. Some may also have trouble with their memory.
The speed at which these effects kick in may vary depending upon the method of delivery. When injected, it doesn’t take more than 30 seconds. Those who snort Ketamine, however, will have to wait for five to ten minutes before they can feel the effects. Swallowing Ketamine takes even longer, at 20 minutes. The effects of ketamine usually last for approximately 45 to 90 minutes.
Unlike with most illicit drugs like heroin and cocaine, there isn’t much danger on overdosing of Ketamine. Because of its anaesthetic effects, the user is likely to pass out first before ingesting a lethal dose. However, the drug is not without its dangers, especially in the long term.
When taken outside one’s home, Ketamine can prove to be very dangerous, as it physically incapacitates—even paralyses—a user. Ketamine users who go out into the streets are likely to fall over and hurt themselves. They could also get run over by vehicles if they try crossing the street. Injecting Ketamine can also cause respiratory depression. As the body processes the drug, the heart rate becomes elevated, and that could lead to an irregular heartbeat, heart attack or stroke. Other long-term effects of Ketamine use include constant headaches, abdominal pain, diminished sense of smell due to snorting, poor memory and concentration and Ketamine bladder syndrome, a painful condition in which users find it hard to hold in urine. Incontinence is also a common symptom, and that can lead to bladder ulcerations.
As with most other drugs, mixing Ketamine with alcohol can have disastrous consequences as both drugs are classified as depressants. Aside from magnifying the effects of Ketamine, an alcohol and Ketamine mixture can also lead to vomiting, which always poses a danger of aspirating material into the lungs, which, in turn, can endanger the user’s life. The user may also exhibit aggressive behaviour and engage in physical altercations. As for mixing with cocaine, ecstasy and amphetamines, ingesting Ketamine with any of those substance puts an enormous strain on the body and could lead to increased heart rate.
Employee drug testing has been around for some time, with more and more employers recognising its benefits as far as health and safety in the workplace are concerned.
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Employee drug testing has been around for some time, with more and more employers recognising its benefits as far as health and safety in the workplace are concerned. However, employee drug testing has always been a tricky issue. There are a lot of legal factors to be taken into consideration, and that is why we have been constantly reminding employers that if they’re thinking about instituting an employee drug testing program, they should run it by their lawyers first before implementation to avoid any legal issue that may arise.
So if you’re an employer and you’re thinking about testing your workers for drug use, here are 5 legal considerations about employee drug testing.
Many opponents of employee drug testing decry the fact that only some employees are actually singled out for drug testing, particularly in random drug testing programs. If you have to test one, you might as well test them all. Though laws don’t really clearly state that you have to test all your employees, testing just a handful of employees could expose you to the possibility of anti-discrimination lawsuits. Let’s say that you had those handful of employees tested because of suspicions of substance abuse at work on their part. Even if you’re intentions are on point, that could be construed as singling people out based on race, gender, income level, or any protected status, and you certainly wouldn’t want to deal with that kind of problem.
Many employees meted disciplinary action after testing positive in a drug test often go to court questioning the accuracy and reliability of the drug test used. While drug testing technology is not infallible, the more expensive drug tests tend to be more accurate. Conversely, cheap screen tests — which many employers use to save money — are notorious for turning out false positive results, which expose whatever disciplinary actions taken to a legal challenge.
If you’re going to require job applicants to undergo drug screening before hiring them, just make sure that the testing procedures are fair, strictly related to the job, consistent, and most importantly, non-discriminatory. You need to be aware that any drug test that will be perceived as discriminatory in any way will expose you to discrimination claims. Also, it’s advisable to give them a conditional job offer first before requiring drug testing. That way, job applicants won’t feel like their privacy is being invaded even when there’s no assurance they’ll be hired.
Always test honestly, and that means picking up an employee’s stray hair from a desk is out of the question. Sneakily getting a specimen sample from a worker or a job applicant without any consent is more than just dishonest. It also happens to be unlawful.
Your organisation is subject to Workplace Health Safety or WHS laws, regardless of the number of your workers. These WHS laws, however, may vary from state to state, particularly with regards to drug screening. So if you’re planning on testing your workforce for drugs, make sure you’re familiar with the WHS laws of the state or states you’re operating in.
A drug and alcohol policy is crucial to help maintain the health and safety of your employees.
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If you’re an employer and you haven’t drafted a clear cut workplace drug and alcohol policy just yet, don’t worry. You’re not alone, as countless other companies have yet to formally write down rules for their employees to follow as far as drugs and alcohol are concerned.
However, don’t take too long to come up with a drug and alcohol policy for the workplace. Every day counts, and you don’t want to be dealing with a drug and alcohol-related issue in the workplace without a policy in place.
Read on to find out what you should include in your drug and alcohol policy.
It should be made clear what the drug and alcohol policy is for. Generally, it’s all about ensuring the health and safety of everyone in the workplace, but you might also want to state how the policy can also help the company achieve its productivity and overall business goals.
Ideally, a drug and alcohol policy should cover all workers — from rank and file employees to top-tier management. Drug and alcohol abuse, after all, doesn’t make such distinctions.
A workplace drug and alcohol policy should clearly state that it recognises a worker’s right to confidentiality. The program is confidential, that any drug test results or penalties meted on an erring employee would be held in the strictest confidence.
Your drug and alcohol policy should explicitly state that using drugs or drinking alcohol while on duty will never be tolerated. Many workplace accidents are caused by a worker who is impaired, which means they used drugs or alcohol before going to work or during the workday.
You can’t just put an entire drug and alcohol policy in writing and expect everyone to follow it just by providing them copies.
On top of making sure that everyone in the workplace has a copy, it would also be best for a drug and alcohol testing program to be implemented as well.
Such a program should have a provision for employee education, including arrangements for drug and alcohol awareness training that will make everything about the drug and alcohol policy crystal clear to everyone have been made.
The education program should also include arrangements for training employees, supervisors, and others how to spot signs of drug and alcohol abuse and impaired behaviour.
If your drug and alcohol policy includes a program for on-site drug testing, it has to be up front about how it’s going to be conducted, or under what circumstances are they going to be done. For instance, people will need to know if the program includes random drug testing, or what drug testing method is going to be used.
Should there be employees who breach the drug and alcohol policy, it should be stated clearly what disciplinary actions will be taken against them. The kind of substance used, the severity of the offense, the degree of impairment, if proven, are all factors that need to be considered when coming up with disciplinary actions.
A drug and alcohol policy, however, should not be all about punishing those who breach it. They also need help, particularly those who are chronic substance abusers. Provisions for assisting them should also be included in the policy. In most cases, employers course this kind of assistance through Employee Assistance Programs, which are intended to help employees deal with personal issues—drug and alcohol abuse included—that could jeopardise their health, well-being and job performance.
Safework Health has developed and reviewed thousands of drug and alcohol policies for businesses in a range of industries and sectors across Australia.
Contact us today to learn more.
A lot employers these days have already realised how important it is to have a drug-free environment in the workplace.
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There is no question that employees who use alcohol and drugs can cause serious problems in the workplace. Among those problems are reduced productivity, absenteeism, tardiness, increased medical and workers’ compensation bills, and diminished overall job performance. In some cases, employees under the influence of alcohol and drug use may behave unpredictably and make the workplace more dangerous, not only to themselves, but also to everyone who work there. No one is spared from the effects of alcohol and drug use of employees. Colleagues, managers, and employers themselves are affected in one way or another.
Dealing with alcohol and drug use of employees is primarily the responsibility of the employer. To manage this problem, an employer should have a clearly written alcohol and drug abuse policy in place.
It should be explicitly stated in the alcohol policy that drinking alcohol on the job is strictly prohibited, and that corresponding disciplinary measures are to be meted against those caught breaching this rule. The punishment can be a simple oral reprimand or summary dismissal, depending on the circumstances and gravity of the breach. Employees who have endangered the health and safety of co-workers by drinking, particularly those who operate heavy machinery, should be penalised more severely than one who drank alcohol on the job but did not put anyone in danger.
Policies regarding employees’ use of alcohol during their off-hours and outside the workplace can get tricky. After all, the drinking was done during the employees’ personal time. Besides, there are laws that protect alcoholics from getting fired from their jobs simply for having an alcohol problem. If an employer sacks an employee for being an alcoholic despite not violating its no-alcohol policies at work, that employer could be at the receiving end of a lawsuit that could prove to be costly.
What employers should keep in mind is that while employees’ drinking during their personal time is none of their business, it is totally their concern when those employees’ performance at work is already affected by all that drinking. They will have a legitimate reason to take action because of the inability of these employees to perform according to the standards they have set for everyone in the workplace. When there is undeniable proof that the work performance and productivity of an employee with an alcohol problem have taken a dive, the employer can impose disciplinary measures ranging from suspension to outright dismissal.
People have varying medical conditions, and are usually prescribed legal drugs for relief. It is not uncommon for employees to regularly take painkillers, sleeping aids, or any kind of legal medication. Technically speaking, whatever an employee takes as prescribed by a doctor is none of the employer’s business. However, it becomes the employer’s business if those drugs or medications impair the employee’s ability to perform his or her job. Some medications, for example, cause drowsiness. If the employees taking them drive vehicles or operate heavy machinery, they could be putting themselves and their co-workers in danger. There are also prescription drugs that impair one’s judgment, and this could also lead to all kinds of disastrous results.
Since there are laws that protect employees’ rights to take medications as needed, an employer will have little choice but to accommodate the use of those drugs. One option, however, is to transfer the employee to a post where impairment will not endanger anyone in the workplace. To protect themselves from possible discrimination complaints, employers must make sure there is clearly documented evidence of impairment on the part of the employee.
As far as use and possession of cocaine, heroin, marijuana, ice, and other illegal drugs in the workplace is concerned, the employer has the option to impose a policy of zero tolerance. That means anyone violating the rule can be immediately suspended and later terminated, especially if there is evidence that the employee has created a safety threat in the workplace because of illegal drug use. However, there are many employers who follow a more considerate route, like helping the drug-abusing worker get professional help through Employee Assistance Programs or EAPs.
Many employers have already put in place on-site drug testing programs for their workforce, but this can get a bit tricky legally. Companies do drug tests with the prevention of accidents and safety issues in mind, but with numerous privacy laws that vary from state to state regarding drug testing in the workplace, it’s wise to get legal advice regarding this matter. A lawsuit, no matter which way it goes, will always be a costly and bothersome affair. That’s why employers have to get sensible legal advice before proceeding with any workplace drug testing program.