What to Know About Employment Drug Testing
Workplace drug testing can be difficult to initiate. Find out how employment drug screenings are regulated and how to run them here.
Why is employment drug testing important?
Employment drug testing helps employers promote workplace safety, reduce risk, and support compliance with regulatory requirements. These programs identify substance use that could affect job performance, attendance, decision-making, or the safe operation of equipment and vehicles.
When can employers require drug testing?
Employers may require drug testing at several stages of the employment lifecycle, dependent on applicable federal, state, and local laws. The circumstances under which testing is permitted often depend on the employer's industry, location, and workplace policies.
Pre-Employment Testing
Pre-employment drug testing is commonly conducted after a conditional job offer has been made and before the applicant begins work. This form is common in highly regulated, safety-sensitive industries like construction and transportation.
Randomized Testing
Random drug testing involves selecting employees for testing through an unannounced process. It’s designed to deter substance use by ensuring employees can be selected for testing at any time.
Reasonable Suspicion Testing
Employers may require a drug test when there is reasonable suspicion that an employee is under the influence of drugs or alcohol while working. This testing method is typically based on specific, documented observations of behavior, appearance, speech, or job performance.
Post-Accident Testing
Post-accident drug testing is often conducted following a workplace incident when drug or alcohol use could have been contributing factors.
Periodic Testing
Some employers conduct periodic drug testing as part of routine evaluations, medical exams, licensing renewals, or other recurring compliance programs. The legality of periodic testing varies by state and industry.
What types of drug tests are available to employers?
Employers can choose from several drug testing methods depending on their compliance requirements, hiring objectives, and preferred detection windows. Their primary differences are in specimen collection and detection windows. Here are some details on each:
|
Drug Test Type |
Common Use Case |
Average Detection Window |
|
Urine |
Most common employment drug test |
1-3 days |
|
Oral Fluid |
Detecting recent substance use |
12-48 hours |
|
Hair |
Identifying longer-term patterns of use |
90 days |
|
Blood |
Specialized testing situations |
Up to 24 hours |
The appropriate testing method depends on the employer's industry, policy requirements, and operational needs.
What substances can drug tests detect?
Employment drug tests can detect a range of controlled substances and, in some cases, prescription medications. The specific substances tested depend on the drug testing panel selected by the employer.
Many standard drug testing panels screen for marijuana, cocaine, amphetamines, opioids, and phencyclidine (PCP). Expanded panels may also include synthetic opioids, prescription medications, benzodiazepines, barbiturates, and other substances.
What laws govern employment drug testing?
Employment drug testing is regulated through a combination of federal, state, and local laws. Industries like construction, healthcare, and transportation follow federally mandated testing requirements. Employers in other less regulated industries must still comply with state-specific rules.
Federal Laws
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The Drug-Free Workplace Act of 1988: Mandates that contractors or organizations that receive federal grants of $10,000 or more implement a drug-free workplace program.
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EO 12564: Requires that all federal employees refrain from the use of illegal drugs.
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Americans with Disabilities Act (ADA): Stipulates that employers aren’t authorized to conduct drug testing following an individual’s completion of a rehabilitation program.
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The Civil Rights Act: Specifies that drug testing policy must be applied equally to all employees to avoid discrimination.
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Family and Medical Leave Act (FMLA): Allows employees to use FMLA leave to address substance use disorders and related issues.
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National Labor Relations Act (NLRA): Instructs employers with unionized workers to negotiate and agree on drug testing program procedures.
State Marijuana Legalization
Marijuana legalization has created new challenges for workplace drug testing. While some states protect employees from adverse actions based on off-duty use, employers retain the right to prohibit workplace impairment. Federal drug testing requirements remain unchanged for federally regulated and safety-sensitive positions.
How does the drug testing process work?
In short, the drug testing process works by collecting samples, testing them, reviewing and confirming results, and making an employment decision based on the results.
What should employers consider when implementing a drug testing program?
When implementing a drug testing program, employers should balance workplace safety, legal compliance, and business needs. A written policy should clearly define who is subject to testing, when testing may occur, how results will be managed, and the consequences of policy violations.
For a sample, or to create your own, visit SHRM’s Drug and Alcohol Policy sample page >