Guidelines for Establishing a Drug Testing Policy

A well-defined drug testing policy is essential for several reasons. 

Drug testing helps ensure that employees are not under the influence of substances that could impair their ability to perform their duties safely. This is particularly crucial in industries where safety is paramount, such as transportation, construction, warehouse/manufacturing and healthcare. According to the National Safety Council (NSC), workplaces with drug testing programs report a 51% reduction in workplace injuries.

Many industries are subject to federal and state regulations that mandate drug testing. For example, the US Department of Transportation (DOT) requires drug testing for over 12 million safety-sensitive transportation employees. A comprehensive drug screening policy helps ensure compliance with these regulations and helps avoid potential legal issues.

Implementing a drug testing policy can help companies address substance abuse before incidents happen, leading to fewer workplace accidents and injuries. This proactive approach reduces the need to file workers' compensation claims, thereby lowering associated costs. According to the National Safety Council, employees with substance use disorders cost employers twice as much in workers' compensation and healthcare expenses, highlighting the financial benefits of such policies.

A drug-free workplace program can help maintain a professional environment and protect your company's reputation. It can also safeguards company assets by reducing the likelihood of accidents and errors caused by impaired employees.

Common reasons for implementing such a policy include items like the following. 

Decide whether testing applies to candidates, current employees, or both. You may wish to prioritize safety-sensitive positions, like drivers or machine operators, for more comprehensive testing. Aligning the testing strategy with policy objectives ensures a targeted and effective approach.

Consider developing a transparent rollout plan to educate employees about your drug testing policy, including their rights and responsibilities. Communicate the policy clearly to all employees, explaining its purpose, procedures, and consequences. 

Equip supervisors with the skills to recognize signs of substance abuse and handle reasonable suspicion situations effectively.

Drug testing can be required prior to employment for job candidates or after employment for current employees. Your drug testing policy should include clear guidelines about the cadence of your program, such as pre-employment for candidates, annually for employees, and other intervals for safety-sensitive roles.

Many employers have a robust pre-employment drug testing policy to ensure new hires align with any applicable requirements. Pre-employment drug testing is usually done as part of the background check process. Drug testing may be required by federal, state, or industry regulations before a new hire can begin work. In some states, employers must make a conditional offer of employment before asking candidates to take a drug test. 

Employers may also choose to implement post-hire testing, such as random drug testing. Random drug testing occurs when an employer orders a drug and/or alcohol screening for an eligible employee without prior warning. When creating a random drug testing policy, you’ll need to identify which employees will undergo testing (such as those in safety-sensitive roles or specific departments), set up a testing pool, randomize the employees, and order the tests at your pre-determined intervals, such as monthly, quarterly, etc.. 

Additionally, employers may conduct post-accident or reasonable suspicion (PARS) testing, which occurs at the time of an incident or when suspicious behavior is identified. In DOT-regulated environments, if an employee tests positive, they may be required to undergo an evaluation by a Substance Abuse Professional (SAP) as part of the return-to-duty process. This SAP requirement is a critical compliance step and a core part of any post-hire drug testing program. While Checkr does not currently support SAP services, it’s important for employers to have a plan in place for managing these cases as part of a comprehensive workforce drug testing strategy.

Depending on your needs, you can choose from common testing methods:

Additionally, decide whether testing will be conducted by sending the candidate to a clinic location or if testing will be administered onsite at a work location of your choosing. Consider factors such as drug test costs, convenience, and the need to maintain confidentiality and accessibility for employees.

Once the testing methods and locations are established, it's important to clearly define which substances will be tested for and what constitutes a "failed" drug test. This clarity ensures fairness and transparency in the drug testing policy.

First, determine the number and types of substances that you require for testing, such as 5-panel or 10-panel tests. Commonly tested substances include marijuana, cocaine, opiates, amphetamines, and alcohol. A report from Quest Diagnostics indicated that marijuana positivity rates in the workforce have increased by 50% over the past five years, reflecting the changing legal landscape and the need for clear policies on off-duty use. It is imperative to consult federal, state and local laws surrounding marijuana testing.  

Next, address policies regarding off-duty drug use, especially in states where certain substances may be legal. The Society for Human Resource Management (SHRM) advises companies to consider the implications of off-duty marijuana use.

Lastly, clearly outline the next steps of a failed test, including potential disciplinary actions and compliance with federal, state, and local laws. It’s important to note that false positives can occur and your policy should include steps for confirming positive drug test results, such as clarifying with a certified medical review officer.

To enhance the effectiveness and fairness of your drug testing policy, it’s important to remain in compliance with federal, state and local hiring laws and other important regulations. These may include:

By implementing a comprehensive drug testing policy, employers can help foster a safer, more productive work environment while minimizing legal risks and supporting employee well-being. Checkr offers a wide range of employment drug tests, including standard multi-panel and DOT-compliant screenings, for streamlined hiring. 

You can customize your background check and drug screening packages to align with your company’s drug testing policy. We offer both clinic-based and employer administered testing so you can select the option to best meet your business needs. Plus, our platform handles the logistics of scheduling candidates, ordering tests, and interpreting results so you can manage everything in one central system.

Getting started with drug testing is easy with Checkr. Reach out to our experienced team to discuss your specific requirements and design a drug testing program to meet your company policy, industry standards, and regulatory requirements.

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About the author

As Product Marketing Manager, Tiffany is focused on Checkr's verifications and drug testing offerings. She’s passionate about aligning customer needs with solutions designed to meet them and brings a broad perspective to building customer-centric programs.