Drug testing within the workplace isn’t unheard of, depending on the line of work or an employer’s specific policy. Creating compliant drug testing policies is crucial for every employer. If you’re unsure about the ins and outs of HR compliance in drug testing, this guide offers some helpful insights.
Recognize Federal and State Regulations First
For some employers, HR compliance in workplace drug testing is only one piece of the puzzle. Certain industries must follow legal guidelines for workplace testing, including businesses subject to Department of Transportation regulations. Any federal regulations take precedence over state laws or individual policies.
Failing to comply with mandated regulations could lead to fines and other penalties. Make sure you abide by all state or federal laws when it comes to employee drug testing regulations.
Establish Criteria for Drug Testing Employees
Your ultimate goal is to have a safe working environment for all employees. What if a staff member endangers themself and others because they appear to be under the influence of drugs or alcohol? Can you step in and mandate a drug test?
Figuring out HR compliance in drug testing boils down to the scenarios in which you require a screening. Many employers create policies that call for drug tests in the following scenarios:
- Before hiring someone: Upon extending an offer to a job candidate, businesses may require them to submit a urine test to rule out substance use.
- With reasonable suspicion: If an employee exhibits clear signs of intoxication while at work, their supervisor could document their behavior and advocate for a drug test.
- After an incident: Say someone takes a leave of absence to treat an injury or recover from a substance abuse disorder. They may need to submit a drug test before their employer permits them to return to work.
These aren’t the only situations when someone might need to take a drug test for work. You could implement a random drug screening protocol to deter employees from using substances that may impact their work performance and safety. However, you must take steps to ensure that the testing is completely random to prevent discrimination claims.
Figure Out Next Steps After a Positive Test
An employer’s responsibilities for drug screenings don’t stop once the test is administered. Depending on the results, employers may have to make tough decisions regarding a worker’s employment. Perfecting HR compliance in drug testing often involves responding to a positive test result.
Let’s say you utilize a random drug testing program, and one employee tests positive for various substances. If you don’t notice any problems with their work performance, taking immediate disciplinary action may not be warranted. The result may stem from certain medications they take or even an error with the testing procedure.
Always investigate a positive result to help you determine the proper response. For example, if an employee takes certain medications that may appear in a drug screening, you could mandate a doctor’s note explaining their situation.
You may decide to offer employee assistance programs for those struggling with substance abuse. Instead of terminating those who fail drug tests, you could offer them support and provide a leave of absence while they recover. A return-to-work test may be part of your protocol to ensure that the affected worker is ready to comply with your business standards.
Balance Documentation and Privacy Requirements
Thorough documentation is one of the best practices when it comes to HR compliance in drug testing. While you’ll want to keep records of various test results, maintaining employee privacy is also extremely important. Sensitive information must remain confidential to avoid violating HIPAA regulations.
Take the appropriate steps to keep this information private. Only grant access to the necessary parties and establish audit trails to ensure nothing ends up in the wrong hands. If you work with a third party for drug testing, make sure they understand HIPAA requirements and have confidentiality measures in place.
Partner With WorkSafe for Compliant Employee Drug Screenings
HR compliance in drug testing is paramount for every employer. If you want to reap the benefits of employment drug screenings and comply with legal standards, reach out to WorkSafe. We offer comprehensive drug testing methods, including urine, breath, and hair follicle samples.
Take advantage of our mobile testing unit for total convenience and receive results quickly so you can move forward with any disciplinary actions, if necessary. To learn more about our drug screening services, contact us online or call (316) 262-8800 today.