What Companies Should Do Before Subjecting Employees To Drug Testing

By Bart Icles

Drug testing is one of the requirements of many employers, big and small alike. Even if an aspiring employee is able to complete all of his or her pre-employment requirements, if he or she has positive results in his or her drug test during the physical examination, he or she would not be eligible for hiring.

However, drug testing for employment purposes is still a new practice being implemented by different companies. Although the number of companies requiring drug testing is fast rising in numbers, it is still a risky employment practice and a lot of legal complications are attached to it. Some people would say that it is against a human being's privacy. Some would say that it is a must since it would ensure that any workplace is drug-free.

There are different employee drug testing types. They are the following:

1. Drug testing for application purposes.

2. Drug testing done randomly for employees.

3. Drug testing after accidents (to be able to determine whether drugs is involved in the accident).

4. Drug testing during periodical physical exams.

5. Drug testing for treatment purposes (in case employees are found to be abusing drugs and would be recommended for rehabilitation).


As of today, the government is not requiring for employers to conduct drug testing for application purposes. As a general rule, companies should only implement it once they already employ the person in question because only then is he or she liable to the company. There are times that an employee is prescribed medications for medical conditions that may affect the drug testing results. As this is entirely possible, employers should make sure that they discount those drugs in question.

If a company would insist on subjecting their employees and/or prospect employees to drug testing, they should inform them about it and the reason behind it. They should secure their agreements to be subjected to it in writing. And, of course, employers should make sure that they get a reputable, reliable, and state-certified drug laboratory testing company to conduct the test. This is to ensure the accuracy and the relevance of the results since wrong results can cost employees their bread and butter.

Before any entity would subject people to drug testing, the first thing to do is to consult an attorney specializing in narcotics or such. This will give an assurance that what they are about to do is in compliance to relevant laws or tenets. A policy about it should be drafted and put into effect immediately to ensure that everybody is on the same page. This would give them the assurance that lawsuits pertaining to wrongful discharge, defamation, false imprisonment, invasion of privacy, and other similar cases are kept at bay. - 31376

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