Publications: Legal Matters – Be Thorough But Careful With Drug Checks

Question –

I realize I need to get a good anti-drug use policy in place quickly what should I do?

Answer –

An employer who has elected to implement an alcohol and other-drug testing program needs to be certain that the program includes certain provisions.

The program first should provide for employee assistance, encouraging self-referral to the employer’s employee assistance pro-gram or self-disclosure to the employer for referral. Assistance to the employer’s workers is critical to the program’s success.

The program also should include a prohibition against the possession and illegal use of alcohol and other drugs (alcohol is a drug) and being under the influence of alcohol or an illegally-used drug on company time or premises even off the job if the employees’ work is adversely impacted.

The program should include descriptions of when testing will be conducted: post-offer/preemployment; upon reasonable suspicion upon return to work after extended leave or rehabilitation; and upon random selection.

The program also should provide for discipline up to termination for violations. Some employers choose to refer “first-time offenders” for assessments of their need of rehabilitation and provide time off for rehabilitation, if prescribed. Other employers elect to discipline upon a first offense given that the program encourages self-referral before testing is conducted.
Employees who return from assistance should be subjected to termination upon a second program violation.

Finally, the program should provide that the employer may search its premises, including personal property on its premises, when it reasonably suspects violations of the program.

Reproduced with permission from McKnight's Long-Term Care News

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