Employee drug testing guidelines
What are the guidelines for employee drug testing?
Employers conducting drug testing should:
- Implement procedures which minimize the intrusiveness of testing
- Ensure privacy
- Allow for as much dignity as possible
- Provide prior notice to applicants or employees
- Conduct only those tests needed to determine the presence of drug use
- Protect the confidentiality of records
Discharge of an employee for refusing to comply with a reasonable procedure will generally withstand a legal challenge. Drug testing is not limited nor prohibited by the Americans with Disabilities Act.
However, drug testing is considered to be a mandatory subject for bargaining. This means that, where a union relationship exists, the employer must bargain with the union before implementing a drug testing program.
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