Identifying Risks in an Employer Drug Testing Program

To build and maintain a safe and productive workplace, you need to create a drug testing program. It is the best way to have a drug-free workplace. While a drug testing program is beneficial, it can also place employers at considerable risk. We have put together this article to help you identify these potential pitfalls and understand the importance of avoiding them.

Why Identifying Risks is Crucial

Failing to identify and manage the risks of a drug testing program can lead to negative consequences for the employer. Some of the negative outcomes might be:

• Potential legal disputes
• Harm to employee relations
• Expensive errors

Key Risks to Identify in Your Drug Testing Program

You want to be able to identify the key risks in your drug testing program. These can include:

• • Absence of a Clear, Written Drug-Free Workplace Policy: Your drug-free workplace must have an outline of the program’s purpose and expectations. It should state the expectations and reasons for such a policy clearly. Before you drug test, you must have a policy in place or face legal disputes.  

     

  • Non-Compliance with Regulations (Especially DOT): You must ensure that your drug testing policy adheres to specific regulations, such as those from the Department of Transportation (DOT). Not doing so can pose significant risks for regulated employers. You must know who is subject to DOT tests, what substances DOT tests for, DOT pre-employment requirements, and requirements for contractors, and specific rules. For example, knowing those rules that expanded opioids and oral fluid testing are becoming accepted by the DOT.

     

  • Issues Related to Marijuana in the Workplace:  In the age of cannabis, drug testing can present risks due to evolving state laws and considerations. You need to consider the complexities of marijuana in the workplace and make them part of your policy.

     

  • Improper Handling of Test Results: Diluted urine drug test results are one example of improper handling of test results. This can cause a negative dilute test or positive dilute results, and having a policy for them is important.

     

  • Lack of or Insufficient Reasonable Suspicion Training: You need to professionally train supervisors on reasonable suspicion. Supervisors need training to recognize the signs and symptoms of potential intoxication and the steps to take. It is important to understand reasonable suspicion drug testing and how to make it part of the next steps if drug or alcohol use is suspected.

     

  • Using Unreliable Testing Methods or Labs: You do not want to rely on inaccurate testing methods, such as potentially less reliable at-home tests, without proper confirmation. You should be using SAMHSA-certified labs for confirmation tests. It is the best way to mitigate the risks.

     

  • Errors in Specimen Collection and Processing: If you do not collect the samples properly or the process is handled incorrectly, you might find yourself at risk of not being able to use the results. It could place you in legal jeopardy, so hiring a trusted partner to handle the specimen collection is suggested.

     

  • Failing to Educate Employees: You need to educate your employees and managers about the policy, the risks of substance abuse, and available resources (like Employee Assistance Programs EAPs). If you do not, it can lead to misunderstandings and challenges.
     
  • Ignoring the Challenges of Remote Work: With more employees working from home, maintaining a drug-free workplace can be more challenging.
    
    
  • Inconsistent Application of Policy: You must apply the drug testing policy consistently. If you do not, it can lead to claims of discrimination or unfair treatment. 

Mitigating the Risks

You can mitigate the risks of a drug testing program when you develop a clear and comprehensive policy. You should provide training, focusing on reasonable suspicion training for supervisors. You need to find and retain the services of a reliable drug screening company that utilizes certified labs. You also need to remain current on regulations and state laws concerning drug testing. 

ARCpoint Labs Offers Reliable and Accurate Drug Testing Services

You need to realize that identifying and addressing the potential risks in an employer drug testing program is an important part of implementing a drug testing program. A well-managed program is backed up by clear policy, proper training, and reliable services. It can mitigate the legal, financial, and employee relations risks. The program is key to a safer and more productive work environment. Contact us today.