Drug Testing-5 WC Blog 636
Employment Drug Screening-5
Overcoming Objections To Employment Drug Screening Part 1
Did you know that drug testing job applicants is legal under the Americans with Disabilities Act (ADA)? https://www.eeoc.gov/eeoc/publications/ada18.cfm According to their website, “The ADA does not prevent employers from testing applicants or employees for current illegal drug use.” Were you also aware that there can be pitfalls if an employer is not careful about the way they administer workplace employment drug screening. According to the Substance Abuse and Mental Health Services Administration (SAMHSA) the following are 10 steps to avoid legal problems:
• Consult an employment attorney
• Set clear penalties (for policy violations)
• Put it in writing – Every employee should receive and sign a written copy of your drug-free workplace policy
• Provide Training – They recommend all supervisors are trained on how to detect and respond to workplace drug and alcohol misuse.
• Document employee performance – A documented performance issue often provides a basis for referring workers to employee assistance programs
• Don’t rush to judgement – In the case of behavior that seems impaired they recommend if drug testing is a part of your workplace policy obtaining a verified test result before taking any action.
• Protect privacy – Hold conversations in private away from co-workers.
• Be consistent – Inconsistencies in administration of policies could be considered discrimination.
• Know your employees – When you know your employees it can be easier to identify problems at an early stage.
• Involve employees – Reduce misunderstandings about your drug policy by involving employees in developing a program.
It may seem like a lot for an employer to manage in addition to just running a business but there are multiple reasons in favor of running a drug-free workplace.
Before continuing with the potential pitfalls in an employment drug screening process some of you may be concerned with how you would even start one. Maybe you never thought about it or perhaps you did not think you could afford to test all of your applicants. First, let me clear up one thing you don’t have to drug test all of your job applicants. You only need to do conduct drug testing for those candidates to whom you are ready to make a conditional job offer. The conditional offer then allows you to say you want to hire that person but they must pass, X, Y, or Z which could be a background investigation or drug screening. Hint: always have more than one person in your pool of applicants you are interested in, just in case they don’t pass the investigation or check. Second, employment drug screening is affordable especially when it is conducted with Loss Prevention Systems Inc. as part of their Applicant Management Center. Business owners that use LPSI and the Applicant Management Center have the benefit of a company that has already established a drug testing process for your candidates. There is no need for you to start a new program or try to figure out what paperwork you legally need to complete or where to send someone for testing. As a matter of fact LPSI can assist you in your complete application process and maintain it securely so there no longer a need to create paper files and keep them in order. Rather than worrying about the legal aspects and logistics of testing candidates owners can spend time focused on running a successful store.
So when I look at the potential pitfalls of an employment drug screening program as listed above, what would my biggest concerns be? Well, if LPSI is conducting my program for me I would not feel a need to consult with an employment attorney, cross that off the list. Having everything in writing is also covered by LPSI so that would not be an issue. I would not need to involve my employees in creating a program, LPSI has done that already. My personal concern would be to be consistent in administering corrective actions or discipline, up to and including termination of employment. I would also focus on supervisor training to detect workplace drug and alcohol misuse and not rushing to judgement when a suspicion arises but rather requiring drug testing of the employee if there is reasonable cause.
In part 2 of this article we will explore some of the top reasons employers would and should implement an employment drug screening process. If Loss Prevention Systems Inc. can cover the majority of the legal minefields that could be problematic then all you need to understand is the reasons why you should test candidates before you bring them on your job.
Drug testing is important and we can help you with it. Call 1.770.426.0547 and let’s talk.
Did you know that drug testing job applicants is legal under the Americans with Disabilities Act (ADA)? https://www.eeoc.gov/eeoc/publications/ada18.cfm According to their website, “The ADA does not prevent employers from testing applicants or employees for current illegal drug use.” Were you also aware that there can be pitfalls if an employer is not careful about the way they administer workplace employment drug screening. According to the Substance Abuse and Mental Health Services Administration (SAMHSA) the following are 10 steps to avoid legal problems:
• Consult an employment attorney
• Set clear penalties (for policy violations)
• Put it in writing – Every employee should receive and sign a written copy of your drug-free workplace policy
• Provide Training – They recommend all supervisors are trained on how to detect and respond to workplace drug and alcohol misuse.
• Document employee performance – A documented performance issue often provides a basis for referring workers to employee assistance programs
• Don’t rush to judgement – In the case of behavior that seems impaired they recommend if drug testing is a part of your workplace policy obtaining a verified test result before taking any action.
• Protect privacy – Hold conversations in private away from co-workers.
• Be consistent – Inconsistencies in administration of policies could be considered discrimination.
• Know your employees – When you know your employees it can be easier to identify problems at an early stage.
• Involve employees – Reduce misunderstandings about your drug policy by involving employees in developing a program.
It may seem like a lot for an employer to manage in addition to just running a business but there are multiple reasons in favor of running a drug-free workplace.
Before continuing with the potential pitfalls in an employment drug screening process some of you may be concerned with how you would even start one. Maybe you never thought about it or perhaps you did not think you could afford to test all of your applicants. First, let me clear up one thing you don’t have to drug test all of your job applicants. You only need to do conduct drug testing for those candidates to whom you are ready to make a conditional job offer. The conditional offer then allows you to say you want to hire that person but they must pass, X, Y, or Z which could be a background investigation or drug screening. Hint: always have more than one person in your pool of applicants you are interested in, just in case they don’t pass the investigation or check. Second, employment drug screening is affordable especially when it is conducted with Loss Prevention Systems Inc. (LPSI) as part of their Applicant Management Center. Business owners that use LPSI and the Applicant Management Center have the benefit of a company that has already established a drug testing process for your candidates. There is no need for you to start a new program or try to figure out what paperwork you legally need to complete or where to send someone for testing. As a matter of fact LPSI can assist you in your complete application process and maintain it securely so there no longer a need to create paper files and keep them in order. Rather than worrying about the legal aspects and logistics of testing candidates owners can spend time focused on running a successful store.
So when I look at the potential pitfalls of an employment drug screening program as listed above, what would my biggest concerns be? Well, if LPSI is conducting my program for me I would not feel a need to consult with an employment attorney, cross that off the list. Having everything in writing is also covered by LPSI so that would not be an issue. I would not need to involve my employees in creating a program, LPSI has done that already. My personal concern would be to be consistent in administering corrective actions or discipline, up to and including termination of employment. I would also focus on supervisor training to detect workplace drug and alcohol misuse and not rushing to judgement when a suspicion arises but rather requiring drug testing of the employee if there is reasonable cause.
In part 2 of this article we will explore some of the top reasons employers would and should implement an employment drug screening process. If Loss Prevention Systems Inc. can cover the majority of the legal minefields that could be problematic then all you need to understand is the reasons why you should test candidates before you bring them on your job.
Drug testing is important and we can help you with it. Call 1.770.426.0547 and let’s talk.
