How to Legally Test Employees for Drug and Alcohol Use

Because of accidents on the job, poor work performance, and the desire to keep workplaces drug- and alcohol-free, it is usually legal to trust employees for drug and alcohol use. In fact, it has become so commonplace in the U.S. that such tests are rarely contested by employees, but it is still important for business owners and managers to follow certain guidelines to keep themselves out of trouble. A serious lawsuit from an employee can easily bankrupt a company.

Develop a Policy

To protect yourself from any ramifications, make sure that you have policies in place before you test employees for drug and alcohol use. Legally, you don't need to state in your handbook that these tests are part of routine procedure, but it will help if there are any arguments. You can simply point to your employee handbook to remind your staff that you have the right-and even the obligation-to test employees on a regular basis.

Set Up Contingencies

It is a good idea to test employees for drug and alcohol use when they are first hired, and then on a random basis. However, you can also legally test them in response to certain events, such as injuries at the workplace. If an employee is high or drunk, a positive test will keep him or her from collecting workmen's compensation for the injury, and you'll have protected your company.

Know the Law

Although the courts tend to side on behalf of employers when it comes to testing employees for drug and alcohol use, it doesn't hurt to know what the law says about it. Legally, you are entitled to impose this type of testing as a private employer, and you don't have to give employees notice or make any other concessions at their behest. However, you don't want to violate privacy laws, as mentioned below.

Respect Privacy