By: Brian Boreman
Every employer would like to ensure that its employees arrive for work in a mental and physical condition that allows them to perform their jobs in a safe and productive manner. Employees who have consumed drugs will likely suffer reductions in their productivity, reliability, and competence, thereby adversely affecting the company’s interests.
But what is the best way to ensure that a workplace is free from the influence of illegal and performance impairing drugs? Are random drug tests sufficient, or should an employer take affirmative steps to demand a drug test if physical signs point to possible drug abuse? Can a company violate an employee’s privacy rights with a drug test, and if so, what potential liability does the employer face?
All of the questions are frequently asked when determining how to implement effective employee drug testing policies in the workplace. Typically, an employer may perform random and structured drug tests on its employees. To minimize any confusion as to what will be required of employees, drug testing policies should be communicated to employees at the time of hire. When performing the drug tests, employers should ensure that the manner in which the tests are performed is not overly intrusive for the employee in order to minimize any potential violation of an employee’s privacy rights.
To help your company implement legitimate and enforceable drug testing policies, or for any other employment-related issues, please contact Brian Boreman.