Depending on the position you occupy, the Department is required to conduct reasonable suspicion, random, follow-up, accident, and drug testing of applicants tentatively selected for testing designated positions. Your servicing human resources offices
are the focal points for the drug-free workplace program. You will be subject to random drug testing once you occupy one of the drug-testing designated positions. If you are selected for a random drug test, the appropriate drug testing coordinator will verbally (and privately) inform you that you have been identified through a random selection process for drug testing by urinalysis and give you the time and exact location to report for testing. If you are
unavailable for the random drug test for legitimate reasons, such as working a different shift, on travel, or on leave, your test will be rescheduled. Any employee may be subject to reasonable suspicion testing. This type of drug testing is authorized when management believes an employee is using illegal drugs or alcohol. This belief must be based on specific objective facts and reasonable inferences when any of the following conditions
exist: Management must have the concurrence of the Office of the General Counsel and the Drug Testing Program Manager (DPM) before scheduling this type of test. For more information on the DOC drug-free workplace program, see the DOC Drug-Free Workplace Plan and
Drug and Alcohol-Free Workplace Testing Guide. For more information on the web: As an employer, you want to hire the best possible candidates for your open positions. To help ensure that the candidates you hire are suited for your company, you might complete pre-employment background checks. Another important tool you might want to consider is a pre-employment drug test. Did you know that 41.1 million people required treatment for substance use disorders in 2020? At iprospectcheck, we offer comprehensive clinical services for employers that require drug tests, including DOT drug panels. Based on our experience, we wrote this overview of pre-employment drug screening for employers to use as a resource. Let’s dive in. What is Pre-Employment Drug Testing?Companies use pre-employment drug tests to determine whether prospective employees abuse illegal drugs or prescription medications. Employers might also use drug tests for employees on a random basis or after they return to work following absences or injuries. Many employers ask prospective employees to complete pre-employment drug tests, making their job offers contingent on passing the drug-screens. Typically, pre-employment drug tests check for the applicants’ past use of the following substances:
Drug screens may be performed through urine, saliva, blood, or sweat tests, and employers can request tests that screen for other substances in addition to the five listed above. The testing process might include the following three phases:
Why is Drug Screening Important?According to the 2020 National Survey on Drug Use and Health from the Substance Abuse and Mental Health Services Administration, more than 59 million Americans ages 12 and older admitted using illicit drugs within the past year. The National Institute on Drug Abuse reports that employees who abuse substances are likelier to miss work more often, be late to work, frequently change jobs, be involved in workplace accidents in which others are harmed, and file more workers’ comp claims. Consider these startling statistics:
Pre-employment drug testing and routine screenings of employees are critical for workplace safety and can help employers combat high turnover rates, boost employee morale, and save costs. In certain industries, the importance of pre-employment and routine drug screening for applicants and employees is obvious. For example, transportation companies that hire truck drivers, taxi drivers, and bus drivers should include drug screening as a regular part of their screening processes. The transportation industry is also subject to strict regulations that mandate pre-employment DOT drug screens and random tests of drivers. Other industries, including construction and healthcare, also should consider pre-employment drug screens because of potential safety issues that could otherwise occur. When Should Applicants and Employees Be Drug Tested?1. Pre-Employment Drug TestsConducting pre-employment drug tests on prospective new hires protects employers from potential safety issues that could result from hiring substance abusers. Employers who conduct pre-employment drug screens typically do so after extending a conditional offer of employment based on returning negative results. While pre-employment drug tests are important, they only show whether an applicant has recently used drugs, so other types of testing might also be necessary on existing employees. 2. Random Drug TestsConducting random drug tests is a good way to deter current employees from using drugs. These tests are performed using a random selection process on only a random sample of employees. The random selection process helps to ensure that all employees have an equal chance of being tested and helps to prevent bias. 3. Periodic Drug TestsA periodic drug screening program schedules drug tests on all employees at specific times during the year. This type of drug screening is common in certain industries, including transportation and manufacturing. Many employers that conduct periodic tests tie them to their employees’ work anniversaries. For example, employees who are required to complete annual physicals might be tested for substance use at the same time. 4. Post-Accident Drug TestsEmployers that have post-accident testing included in their drug screening policies run drug screens on employees who have been involved in workplace accidents. Post-accident drug screens help to determine whether an employee’s substance use might have caused the incident. Companies that conduct post-accident drug testing must include clear criteria under which post-accident testing will be used. For example, an employer might conduct drug tests on those involved in a workplace accident when someone has suffered injuries requiring medical care, someone has been killed, police have cited an employee, or when the accident resulted in damage to the employer’s property above a certain monetary amount. 5. Reasonable Suspicion Drug TestsEmployers conduct reasonable suspicion drug tests when they have reasonable cause or evidence that an employee is using drugs. The types of evidence that might prompt for-cause drug tests include direct observations of an employee’s drug use or apparent impairment made by other employees or a supervisor. Some of the reasons why an employer might run a reasonable suspicion test on an employee include the following:
6. Return-to-Duty Drug TestsEmployers might complete return-to-duty drug tests on employees who are returning to work after testing positive for illicit drugs or have violated the employer’s drug and alcohol policy. These types of tests are conducted at a scheduled time after the employee has completed a drug and alcohol rehabilitation program as a condition of maintaining employment. 7. Follow-up Drug TestsFollow-up drug tests are performed on employees who have violated the employer’s drug and alcohol policy or have previously tested positive for drugs. A follow-up drug screen is typically performed after a return-to-duty drug test when the employee has returned to their job after testing negative on the return-to-duty test. Since each company is unique, employers should carefully consider which elements of drug testing programs they want to include to provide the most benefit for their businesses. What are the Most Common Drug Test Methods for Employment?In U.S. workplaces, employers that conduct pre-employment drug screening do so with urine, hair, blood, or saliva tests. 1. Urine TestsUrine tests are the most common type of pre-employment drug test used by employers in the U.S. However, they also have a shorter detection window than the other types of drug tests. Urine tests detect substances from 5 to 10 days. Typically, an employer will extend a conditional job offer to a prospective employee that is contingent on the applicant passing the drug screening. The applicant will be asked to provide a urine sample, which will then undergo an initial screen. If the initial screen indicates the presence of a drug, a confirmation screen will be conducted before the results are provided to the employer. Urine tests may also be used in random testing programs for existing employees and when employers have reasonable suspicion that an employee might be using illegal drugs. Urine tests tell employers whether an employee has recently used drugs. For employers that conduct drug screens under federal mandate, urinalysis is the only approved method and is often chosen by both non-regulated and regulated employers. 2. Hair TestsHair tests have a long detection span and can detect drug use from up to three months before the testing date. Hair testing only detects past drug use and will not return results for alcohol. During a hair test, a lab technician collects 100 strands of an employee’s or applicant’s hair by cutting the sample close to the scalp. If the person has used drugs during the detection window, the test will reveal a positive result. 3. Blood ScreensSome employers use blood drug tests to screen applicants or employees for illegal drug or alcohol use. A sample of blood is drawn by a licensed phlebotomist and is then sent to a lab for testing. The results will reveal the levels and types of drugs or alcohol in the employee’s or applicant’s blood at the time that the sample was taken. Blood tests are highly accurate but also invasive and expensive which is why they are not used by most employers. They do have short detection windows lasting up to a few hours, however. 4. Saliva TestsSaliva testing is used by some employers since the applicants or employees can be observed throughout the collection process, making it difficult for the applicants or employees to dilute the results or adulterate them. Saliva can also be collected on-site at the workplace, which helps to reduce time and costs. A swab is used to collect the sample from inside of the applicant’s or employee’s mouth. Saliva tests are less invasive than the other types and have a detection window lasting from 7 to 21 hours, but they can be a good alternative for employers that want to avoid potential problems when employees cannot provide a sufficient urine sample. 5. Breath Alcohol TestsBreath alcohol tests may be used when an employer suspects an employee may be impaired by alcohol on the job. This type of test is normally performed using a breathalyzer machine and shows the concentration of alcohol in the employee’s system at the time of the test. What Does a Pre-Employment Drug Screen Test For?Most employers ask for the following five substances to be screened on a pre-employment drug test:
Some employers also request screens that test for additional substances. Blood or breath tests can be used to test for recent use of alcohol and might be requested after an accident or when an employee exhibits signs of alcohol impairment on the job. Who Can Perform a Drug Test for Employment?Urgent care clinicians are generally able to perform drug tests for employment. However, many do not have in-depth knowledge of the various types of employment drug tests and might not be qualified to help employers develop drug testing policies that comply with the various laws and regulations. Occupational health providers are more qualified to perform pre-employment drug tests. At iprospectcheck, our trained occupational clinicians conduct drug testing in a way that complies with all relevant state and federal laws and regulations and also can help by providing advice to employers about their drug testing programs and how to streamline the process. Whether your business is multinational or is instead a small company with fewer than 50 employees, your best option for pre-employment drug testing is to partner with iprospectcheck for your pre-employment drug screens. Contact us today to learn more or request a drug testing quote.Employment Drug Testing Laws in 2022: A Complete OverviewMost private employers do not have a federal drug-free workplace policy requirement. However, there are exceptions for federal contractors and those companies operating in specific industries. There are also a few federal laws that employers should know that apply to employment drug testing in general. State laws on employment drug tests vary widely. Let’s take a look at a few of the important laws you should know. Federal Employment Drug Testing LawsDrug-Free Workplace Act of 1988The Drug-Free Workplace Act of 1988 mandates drug testing policies for all employers that receive federal contracts worth $100,000 or more. This law also mandates workplace drug testing policies for companies receiving federal grants of any size. Under this law, federal contractors and grant recipients must do the following:
Americans with Disabilities Act (ADA)The Americans with Disabilities Act (ADA) prohibits workplace discrimination based on an applicant’s or employee’s disability and applies to employers with 15 or more employees. This law doesn’t prohibit employers from establishing a drug-free workplace policy. However, it does prohibit employers from discriminating against applicants or employees who are recovering substance abusers who have completed drug or alcohol rehabilitation. The ADA prohibits employers from doing the following things:
The ADA does not prohibit employers from refusing to hire applicants or terminating employees based on current illicit substance use, however. Title VII of the Civil Rights Act of 1964Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants or employees based on their race, national origin, color, or religion. This law covers workplace drug testing programs by mandating that employers with 15 or more employees ensure that their policies do not single out groups of applicants or employees for testing based on their protected characteristics. Family and Medical Leave ActThe Family and Medical Leave Act covers employers with at least 50 employees who work within 75 miles of each other. Under this law, eligible employees who have worked for the employer for at least 12 months and at least 1,250 hours during the past year can take up to 12 weeks off from work in unpaid leave to address their serious medical conditions or those of their immediate family members. This law applies to drug-free workplace policies by allowing employees to take up to 12 weeks off from work to attend drug and alcohol rehabilitation programs to address their addictions to alcohol or drugs. It also allows employees to take unpaid leave to care for their family member who is undergoing treatment. National Labor Relations ActThe National Labor Relations Act applies to employers in unionized workplaces. Under the NLRA, before an employer in an unionized workplace can implement a drug-free workplace testing policy and program that will affect unionized employees, it must negotiate with the union through a collective bargaining process. Industry-Specific LawsOmnibus Transportation Employee Testing Act of 1991The Omnibus Transportation Employee Testing Act of 1991 requires drug testing programs for employers in the transportation industry, including all those who are regulated by one of the following agencies:
Regulated employers must comply with the regulations and rules established by their regulating agency for drug-testing programs. Department of Defense RegulationsThe Department of Defense (DOD) has promulgated regulations for contractors that contract with the DOD. Defense contractors that have access to sensitive and classified information must have drug-free workplace policies that comply with the DOD’s requirements. State LawsState laws about employment drug testing vary broadly. You should talk to your legal counsel before implementing your workplace drug testing policy to ensure it complies with the relevant laws in your state. How to Conduct a Pre-Employment Drug TestBefore starting a drug-testing program at your company, you should research the federal and state laws and regulations to make sure that you comply with the requirements. After you do this in consultation with legal counsel, you should implement the following steps. 1. Draft a written policy and procedureMake sure to put your drug screening policy in writing in a policy that complies with any applicable federal or state laws. 2. Provide notice of your intent to conduct pre-employment drug screens or random drug screensApplicants and employees must receive advance notice of their employers’ intent to conduct a drug screen. Make sure that this notice is provided to the applicant or employee in writing as a standalone form. 3. Obtain written consentAfter you have ordered a drug test, the applicant or employee will be sent an email asking for consent to be tested. This form asks the candidate to authorize the administration of the drug screen. 4. Select a drug testing siteAfter an applicant or employee has provided consent, he or she will be given instructions for where to go to complete the test. 5. Track the chain of custodyThe chain of custody of the candidate’s sample will be tracked from the time of collection through the analysis and disposal of the sample. Candidates are given a form that they must bring to the testing site together with a valid photo ID. 6. Administer the drug testEmployees and candidates provide a urine, hair, or saliva sample at the collection site. They should be encouraged to bring any prescriptions that they currently take to reduce the risk of false positives. 7. Perform a medical reviewA medical review officer will review the test results to ensure accuracy. If the test is positive, the MRO will take reasonable steps to verify the candidate’s medical records and prescriptions and will perform a confirmation test on the sample. 8. Provide the resultsWithin one to three days, both you and the candidate or employee will be able to review the results. Candidates are generally only notified if their results are positive. 9. Take appropriate actionIf you decide to make an adverse hiring decision based on information from a background check or pre-employment drug test, you must follow the adverse action process under the Fair Credit Reporting Act before finalizing your decision. How to Develop an Effective Workplace Drug Testing Policy A workplace drug testing policy is a document that explains your company’s drug-testing program. In your policy, you should explain which employees you will test, how you will conduct your drug testing program, and what consequences employees and applicants will face if they fail drug tests. You have two main options when creating a drug testing policy. 1. Use the U.S. Department of Labor’s AdvisorThe U.S. Department of Labor’s Drug-Free Workplace Advisor allows you to build a drug testing policy and a comprehensive program. If you are an employer with federal contracts worth $100,000 or more, you can also learn your requirements under the Drug-Free Workplace Act through the Department of Labor’s site. 2. Do-It Yourself With the Help of an Experienced ProviderYour second option is to get help from a reliable provider like iprospectcheck. We have extensive experience helping our clients establish drug testing programs and understand the applicable federal and state laws. What Should a Drug Testing Policy Include?1. PurposeYour policy should include a statement of purpose that explains why you are implementing a drug-testing program in the workplace for safety reasons. 2. ScopeFollowing the purpose statement, list who you will test (i.e. all applicants and employees or those in safety-sensitive positions). 3. Confidentiality and Record-KeepingInclude a section addressing the confidentiality of test results and how your company will handle testing records. 4. Drug and Alcohol ProhibitionsState what actions your policy prohibits and the types of tests and substances that you intend to test for. 5. Employee AssistanceInclude a section about providing help and support to employees who voluntarily seek help for addiction to drugs or alcohol. 6. Types of Drug and Alcohol TestingGive information about the types of drug and alcohol testing programs you intend to implement, including pre-employment drug testing, reasonable suspicion drug testing, and random drug testing. 7. Consequences of a Positive Drug or Alcohol TestList the specific consequences applicants and employees will face if they return a positive drug test from the lab. 8. Refusal to TestInclude information about how you will handle refusals to test, and include a definition of what counts as a refusal. 9. Testing ProceduresDiscuss the procedures your company will use for its drug-testing program. Sample Drug Testing PolicyThis sample is not comprehensive and will not apply to all situations. However, you can use it to get an idea of how to create a drug testing policy. [COMPANY NAME] Drug & Alcohol Testing PolicyPurposeIt is the policy of [COMPANY NAME] that drug and alcohol use, possession, sale, or transfer in the workplace will not be tolerated. Employees and applicants also cannot have the presence of drugs or alcohol in their systems in the workplace. ScopeThis policy applies to all applicants and employees. The Human Resources department will administer the drug-testing program. Confidentiality and RecordkeepingDrug and alcohol testing records are strictly confidential. [COMPANY NAME] securely maintains drug-testing records under lock and key in the HR Department. [COMPANY NAME] will only release drug and alcohol testing records in the following circumstances:
Drug & Alcohol ProhibitionsEmployees are prohibited from using, possessing, selling, transferring, or having illegal drugs or alcohol in their systems while on the premises of [COMPANY NAME]. We reserve the right to test for other substances, including legally prescribed drugs. However, we generally test for the following substances:
Employees involved in motor vehicle accidents at work or who appear to be under the influence of alcohol will also be subject to alcohol testing. Employee AssistanceIt is the policy of [COMPANY NAME] to support employees who voluntarily enter into treatment for drug or alcohol addictions who do so before they have become subject to discipline. Employees may use paid time off to participate in drug or alcohol rehabilitation programs. However, if an employee fails a drug test, the company reserves the right to terminate them. Types of Drug and Alcohol Testing The Company’s drug testing programs will include the following: 1. Pre-employment drug testing – When the Company decides to hire an applicant, the applicant will be notified about the drug testing policy and asked to consent to drug tests in writing as a condition of employment. If the applicant returns a positive test result or refuses to consent, the Company will withdraw the offer. 2. Random drug testing – [COMPANY NAME} conducts random drug testing of all employees in safety-sensitive positions each quarter. Human Resources uses a computerized number generator to select the employees for testing. Selected employees must then report to the lab within two hours of the notification. 3. Reasonable suspicion testing – [COMPANY NAME] will conduct reasonable suspicion testing on any employee who appears to be under the influence of alcohol or drugs at the workplace. Employees involved in accidents will also be tested for alcohol and drugs. Consequences of a Positive Drug or Alcohol TestIf an applicant returns a positive drug test, the Company will withdraw the conditional offer of employment. If an employee returns a positive drug test, he or she will be immediately suspended, and possible discipline up to and including termination might be enforced. Refusal to TestIf an applicant or employee refuses to consent to a drug test or this drug testing policy, [COMPANY NAME] will treat it as a positive drug or alcohol test result. If the applicant or employee shows up to test at the lab outside of the window, the Company will treat it as a refusal. The Company also treats adulterated or diluted samples as refusals. The Company will withdraw a conditional employment offer from an applicant who refuses a pre-employment drug test. The Company will immediately terminate an employee who refuses a random or a reasonable suspicion drug test. Testing ProceduresFor pre-employment testing, [COMPANY NAME] will ask all applicants to consent to the test at the time of extending a conditional offer of employment. They will be told to report to the lab within 24 hours. [COMPANY NAME] uses urine tests. The applicant will provide a urine sample, which will go through an initial screen. If the initial screen is positive, a medical review officer (MRO) will review it and conduct a confirmation test. The MRO will inform both the applicant and the Company of the results. For reasonable suspicion testing, the employee will be told to report to the lab immediately. He or she will have to submit a urine sample. A positive result will undergo a confirmation test by an MRO, and the employee and company will be informed. For random drug testing, the Human Resources Department will select 10% of the company’s safety-sensitive employees each quarter by using a computerized number generator. The day of testing will also be selected randomly using the number generator. Selected employees will be notified confidentially. They will then have to report to the lab within two hours of their notification to submit urine samples. Employees who are selected during one quarter will have an equal chance of being selected in a subsequent quarter since the selection is random. FAQs1. Can you fire an employee who refuses to sign your company’s drug testing policy?If an applicant refuses to sign your drug testing policy, you can withdraw your conditional offer. If an employee refuses to sign it, you should start with a warning. If the employee still will not sign an acknowledgment of your policy, you can terminate him or her. Make sure that you document the reason why you terminated the employee. 2. Can I test only some employees?You can choose to test only certain employees as long as you include all employees in the same category. For example, you can opt to test all employees in safety-sensitive positions but not others. However, make sure that you enforce your drug-testing policy equally. 3. When can I drug test applicants or employees?You can conduct pre-employment drug screens as a condition of employment. However, be sure to check your state’s drug testing laws. You can also conduct reasonable suspicion drug tests following accidents or when an employee appears to be under the influence at work. Finally, you might be able to conduct random drug testing. However, drug testing laws vary from state to state, so make sure you review your state’s laws before creating your drug testing policy. For example, a recent appellate decision in Pennsylvania held that employers cannot discipline medical marijuana users for positive marijuana tests. 4. Do I need to keep drug test results confidential?If an applicant or employee tests positive for drugs, you must keep that information confidential. Inform the applicant or employee and take appropriate disciplinary action, but do not tell others in the workplace about the positive result. 5. What type of test should my company do?There are several types of drug tests you can use for your initial screening, including saliva, urine, hair follicle testing, and blood tests. Most employers use urine screens or saliva tests. Regardless of which type of drug test you choose, any positive result should be confirmed with GC/MS testing. A reputable lab should perform confirmation testing and have positive results reviewed by a medical review officer. 6. Do I have to fire all employees who test positive for drugs?You can determine the types of discipline you want to enforce for positive drug test results, up to and including termination. Make sure that you enforce your drug testing policy evenly to avoid potential liability, and include the consequences of a positive drug test in your policy. 7. As an applicant, can I retake a pre-employment drug test?While you have the right to request a retest at your own expense when you fail a pre-employment drug test at your own expense as described above, you do not have a right to retake a pre-employment drug test. Instead, if you dispute the results, your original sample will be retested. You will not be asked to submit a new sample. 8. As an applicant, what happens if I test positive on a pre-employment drug test?If you test positive on a pre-employment drug test during the initial screening, your sample will be sent for confirmation testing. If the confirmation test also reveals a positive result, a medical review officer will review the chain of custody of the sample and the results. Depending on the results, you might be contacted by the MRO to answer questions about any prescriptions you might take that might explain the positive test. For example, if your sample tested positive for benzodiazepines, you might be asked whether you have any current prescription for this class of drugs. An MRO might not contact you. Instead, you might first learn your results from a human resources professional at the company where you applied. In most cases, failing a pre-employment drug test will mean that you will not be eligible for the position. Before a company can conduct pre-employment drug tests, they must first clearly state that an offer of a position to the candidate is contingent on passing a pre-employment drug test. Companies might make this type of statement in the job posting, a conditional offer of employment letter, or in another official document. A clear statement that your offer is contingent on passing a pre-employment drug test gives a prospective employer the right to rescind an offer if you fail the test. In addition to a pre-employment drug screen, some employers also require candidates to agree to random drug tests after they are hired if the employers suspect that the candidates might be using substances either on or off duty when the substance use might affect workplace safety and job performance. Once your prospective employer notifies you that your drug test was positive, you can request that the specimen be retested. If the lab collected a split specimen sample, the lab will retain the second sample for potential retesting when the initial sample tests positive. If the lab only collected one sample, it might save a portion of the sample for potential retesting. If you are notified by a medical review officer that your drug test was positive, you will have 72 hours to ask for a retest. You can make this request orally or in writing. If you request a retest of the original sample or of the split sample, it will trigger the confirmation testing. You will have to pay for the cost of the retest and should be prepared to do so. If you make a timely request for a retest, the medical review officer will send a notice in writing to the lab to forward the portion of the initial sample or the split sample. The time and date of your request for retesting will be reported by the MRO to the company, and the MRO will also report whether the retest confirmed the positive result. Typically, some time will pass between an interview, job offer, and your pre-employment drug screen. If you cannot abstain from using drugs during that period, you might consider whether treatment could benefit you. iprospectcheck: Your Trusted Partner for Fast, Accurate, Compliant Drug Testing & Clinical ServicesPre-employment and random employment drug tests are important for protecting the safety of your workplace and your employees. When you include drug screens as a part of your pre-employment background check process, you can find candidates that are well-suited for your workplace. At iprospectcheck, we offer comprehensive pre-employment background check reports and clinical services to our clients. Our professional staff members use the latest technology and methods to quickly return results. To learn more, contact us today for a free drug testing quote and consultation: (888) 509-1979DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws. |
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