A Complementary Drug Testing Policy For Small Businesses

Updated: Oct 16, 2020

We’d like to elaborate on our recommendations for drug testing in the workplace. Below is a complete HR policy that you can use for your business to ensure you are creating a positive workplace environment.

Drug and Alcohol Testing Policy

We are committed to protecting the safety and well-being of all employees in our workplace. We recognize that alcohol abuse and drug abuse pose a significant threat to our goals. For this reason, we have established a drug-free workplace policy that balances our respect for individuals with the need to maintain an alcohol- and drug-free environment.

Any individual who conducts business for or applies for a position with the company is covered by our drug-free workplace policy. Our policy includes, but is not limited to, full-time employees, part-time employees, volunteers, contractors, interns, and applicants. Our drug-free workplace policy is intended to apply whenever anyone is representing or conducting business for. Therefore, this policy applies during all working hours, whenever an individual is conducting business or representing the company, and while an individual is on call, on company property, and at company-sponsored events.

It is a violation of this policy to use, sell, possess, trade, and/or offer to sell alcohol, illegal drugs, or intoxicants. In accordance with the federal Drug-Free Workplace Act, individuals convicted of a criminal drug violation, including misdemeanors, occurring on company property or company time must notify within five calendar days of the conviction. This includes any findings of guilt, pleas of “no contest” and impositions of fines, jail sentences or other penalties. The company will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate.

Disciplinary Actions For Drug Abuse

Employees who fail a drug test and bring positive results for drugs and/or alcohol, or who refuse to submit to drug testing, will be subject to disciplinary action(s), up to and including termination. An employee who tests positive for drugs and/or alcohol will be required to complete any (or all) of the following actions before he or she is allowed to return to work:

· Sign the Rehabilitation Agreement form

· Successfully complete an assessment and/or treatment for drug and/or alcohol abuse

· Receive a certification issued by a qualified medical professional stating that he or she is free from drug and/or alcohol use

· Take a drug and/or alcohol test, receive negative test results and consent to follow-up testing

Types Of Drug Testing

Employees are subject to random drug and alcohol testing at any time, with or without notice.

To ensure accuracy and fairness, all testing will be conducted according to Substance Abuse and Mental Health Services Agency (SAMHSA) guidelines, where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody.

All drug-testing information will be maintained in separate confidential records.

Drug Testing with Different Frequencies

· Pre-employment Drug Testing: Every job applicant will be required to take and pass a drug and/or alcohol test before he or she may officially be hired by . Each applicant will be notified that a drug and/or alcohol test is required as part of the interview process and that any and all job offers are contingent upon successfully passing a drug and/or alcohol test.

· Periodic Group Drug Testing: Employees will periodically be required to submit a specimen for an unannounced drug and/or alcohol test. Employees will be given short notice of the test and will be told when the testing will occur.

· Random Drug Testing: All employees are subject to random testing. Typically, our testing provider, rather than will conduct the selection of employees required to participate at any given date. Random testing will take place as required by law, contract or industry practice.

· Reasonable Suspicion Drug Testing: If there is suspicion that an employee is under the influence of drugs and/or alcohol while on company property or time, the employee will be required to take a drug and/or alcohol test. Reasonable suspicion will be based on observable instances or actions such as, but not limited to, the following:

o Dangerous conduct

o Unexplained decrease in job performance

o Hostile interpersonal relations

o Possession of drug paraphernalia

o Noticeably reduced short-term memory

o Physical symptoms (including bloodshot eyes, slurred speech and vomiting)

o Anxiety

o Inability to concentrate

· Post-accident Drug Testing: Employees who are directly involved in, or whose actions contributed to, an accident on the job may be required to submit to a drug and/or alcohol test if there is reasonable suspicion that there is a connection between the incident and the use of drugs or alcohol. Testing will take place as soon as possible after the incident occurs. Accidents include all Occupational Health and Safety Administration (OSHA) recordable incidents, actions, or omissions that result in near-miss accidents, and accidents involving injury requiring first aid or off-site medical attention. Accidents also include property damage caused by human error.

· Follow-up Drug Testing: Employees who have tested positive for drugs and/or alcohol, and employees who have attended drug and/or alcohol-related counseling may not return to work until they have been evaluated by a medical professional in a substance abuse treatment facility and have successfully passed a drug and/or alcohol test. Employees who return to work will be subject to follow-up tests, all of which will be unannounced.

Any employee who tests positive will be immediately removed from duty.

Each of the following actions constitutes a refusal to submit to drug testing:

· Failure to provide adequate urine, blood, breath, or saliva specimen for a drug and/or alcohol test without a valid medical explanation

· Failure to be escorted to a testing facility

· Tampering with, adulterating or diluting a specimen

· Refusing to sign a Chain of Custody form at the testing facility

Employees do have the option to refuse to submit to drug and/or alcohol tests

however, doing so will constitute a violation of this policy. Refusal to take a drug and/or alcohol test will also be considered a positive test result, which subjects the employee to disciplinary action(s). Job applicants who refuse to submit to drug and/or alcohol testing will be not considered for employment.

Collection of Specimens and Testing

Subscribes to the collection and testing procedures outlined by SAMHSA. This protocol protects the privacy and confidentiality of the employee. Under certain circumstances, protocol requires that specimen donors provide a fresh specimen in the presence of a witness; however, this only occurs if there is suspicion of any of the following:

· The specimen is not from the donor.

· The specimen was altered or tampered with,

· The collection is part of a post-treatment monitoring program.

· The donor adulterated the previous specimen.

All specimens collected for drug and/or alcohol testing will be processed using employees’ Social Security numbers as identification to ensure confidentiality.

Custody and Control For Tracking Specimens

Specimens will be tracked using a Custody and Control Form from the point of submission through destruction. Employees submitting specimens will be required to sign the Custody and Control Form. If an employee does not sign this form, a retest will be requested. An employee who refuses to sign after it is requested of him or her will be considered as having refused testing and will be subject to disciplinary action.

Diagnostic Laboratory Testing

All drug and/or alcohol testing will be conducted in a laboratory certified by Department of Health and Human Services (HHS), according to the following procedures: (1) specimens will be screened for amphetamines, benzoylecgonine (cocaine), opiates, phencyclidine (PCP) and tetrahydrocannabinol (THC or marijuana); and (2) test results will be confirmed by gas chromatography/mass spectrometry (GC/MS). reserves the right to test for other substances as well. Diagnostic Testing normally require a 5-panel drug test which is utilized by HHS.

No specimen will be considered positive until it has been confirmed at the level established by HHS. If no established levels have been set by HHS for a tested substance, will hold the testing facility responsible for establishing an acceptable level.

Test results for alcohol revealing a blood alcohol content of .04 or greater will be considered positive.

Handling Positive Drug Test Results

Positive test results will be reported to the Medical Review Officer (MRO), who will then contact the employee to discuss the results. Should the MRO be unable to contact the employee, he or she will contact for assistance. If the MRO cannot make contact with the employee within five days of testing or the results reveal a major safety concern, the MRO may disclose positive test results to . At that point, reserves the right to take the employee off active duty until the MRO is able to contact the employee. When the MRO does contact the employee, and only if he or she can provide a viable reason for why the test came back positive, then the positive test result will be reported to as negative.

Use of Prescription Medications

Nothing in this policy prohibits the appropriate use of prescription medication as legally prescribed by a licensed physician. If an employee is taking prescription medication with potential side effects that may infringe on the safety of the employee or others, he or she must notify . Failure to do so may result in disciplinary action, up to and including termination.

may contact the employee’s physician to investigate whether it is necessary to impose restrictions on job duties as a result of the employee’s use of prescription medication. If and the physician determine that the employee should be removed from performing his or her job duties, will notify the employee immediately.

Confidentiality of Testing Results

Results of all drug and alcohol testing will be kept separate from employee personnel files and treated as confidential information. No results, whether positive or negative, will be shared with anyone outside of the employee’s direct supervisory chain of command, except when necessary for treatment or physician confirmation purposes.

NOTE: may disclose the results of a drug and/or alcohol test to decision-makers in a lawsuit, grievance or other proceeding initiated by or on behalf of the employee.

Employee Assistance Program Policy

knows that substance abuse problems affecting individual employees may also affect their job performance and personal lives. Although employees can usually resolve issues on their own, at times, they may benefit from additional assistance. offers a free and confidential counseling service to employees and their family members (if applicable). This Employee Assistance Program (EAP) includes short-term counseling as well as referral services. This service is staffed by specialists qualified to assist with alcohol, drug, medical, marital, financial, legal, family, and emotional problems.

The EAP is available to all employees but is not required except when job performance, attendance, or job responsibilities are negatively affected. All employees are welcome to make use of these services to better their personal lives.

In addition, an employee who voluntarily comes forward before violating this policy will be given the opportunity to seek treatment in accordance with the Voluntary Rehabilitation Agreement. In the event of a positive drug and/or alcohol test result, will refer the individual to available resources, either at the employee’s expense or, if applicable, as covered by the company’s health plan. Prior to entering treatment, the employee will be required to sign a form consenting to the release of information regarding his or her treatment and return to work status. Upon leaving the treatment facility, an evaluation will be required to demonstrate that treatment was completed successfully.

If the treatment requires time away from work, the time will be unpaid, unless paid vacation, sick leave, or other earned time away is used. Upon return to work, will remain in contact with the treatment facility to ensure ongoing compliance with the recommended treatment. In addition, the employee will be required to submit to drug and/or alcohol testing for up to 60 months, at the discretion of. Should the individual test positive for any substance at any point during that time, he or she will be immediately terminated.

Consider using a Mobile Phlebotomy Service For Drug Testing

The awesome thing about using a mobile phlebotomist is that they are able to provide same-day drug screening without wait times. It's just easier saves the company from spending money on payroll expenses unnecessarily for two reasons. One, you hired the best fit employee that does not abuse drugs and you never have to spend money on drug screening when you have a safe environment. Lastly, using a mobile phlebotomist is like having a mobile diagnostic lab come to you as they travel all over. Unlike popular belief, they can provide any lab test now, as in immediately screening vs waiting in line at a facility.

To Learn More about0 services that can help create safe working environments that are drug-free, visit to explore a provider that will be happy to fulfill any lab test now or blood test without you traveling and wasting precious time.

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