5 Legal Considerations Employers Should Know About Employee Drug Testing

The National Drug-Free Workplace Alliance has said that Small Businesses incur the most problems from drug users because substance abusers don’t even apply to jobs at large companies since most have strict policies against drug abuse. Substance abusers pick small companies to skirt the system because they have fewer resources and perform drug tests less consistently or ever.

Why Should You Be Drug Testing Your Employees

If your employee is on drugs and injures a co-worker or customer at work, your business could be sued for negligent hiring practices.

How to Properly Drug Test Your Employees

  • Test One, Test All – The law does not explicitly say you must test all your employees but if you single out anyone, you could leave yourself open to anti-discrimination lawsuits.
  • Drug Testing is Required If You Receive Federal Funding – The Federal Drug-Free Workplace Act requires businesses with $100,000 or more in federal contracts to test all of their employees for drug use. This also applies to businesses that receive federal grants.
  • If You Test Job Applicants, You May Be Required Offer Employment – If your business employs 15 or more employees, you must follow the Americans With Disabilities Act. The ADA makes it illegal for any employer to test a job applicant without first making a conditional offer of employment. So, it’s OK to test applicants but only who you have given a contingent job offer.
  • Test With Consent – It’s unlawful to try to get a specimen sample from an employee or job applicant without their consent.
  • Know the Specific State Laws – Each state has its own set of rules and regulations regarding employee drug-testing. For drug laws specific to your state, see the U.S. Department of Labor’s map. Each state also has its own Drug-Free Workplace program.

Use a Drug Testing Company to Stay Within the Law

Drug testing companies will offer complete background checks and help you stay compliant with the laws in your state.

Contact us (800-854-3990) for more information!

About Background Bureau

Background Bureau provides comprehensive background checks, drug tests, and tenant screenings to clients who want to reduce the amount of time, money and paperwork it takes to protect themselves from potential employees, tenants, or partners who have had troubled histories.
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