Employee drug testing guidelines

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.