• Inform employees
that drug use on or off the job is a concern. Write your policy
to prohibit employees being at work with “any detectable
trace amount of drugs or alcohol in their system,” not “under
the influence” or “impaired.” Drug tests detect
“presence,” not “impairment.”
• Intra-company communications
concerning current employees’ performance, conduct or problems
should be treated with appropriate confidentiality. Only management
personnel with a “need to know” the particular situation
should be involved. Additionally, managers must be consistent
and thorough in documenting employee performance, investigations,
and workplace observations.
• Minimize negligent
hiring by requiring all job applicants to pass a drug test prior
to being hired.
• Minimize negligent
retention by routinely testing employees and being prepared to
intervene when a worker is identified as having, or shows signs
indicative of, substance abuse problems.
• Minimize negligent
testing by adhering to the testing standards established by the
U.S. Department of Health and Human Services.
• Conduct personal
searches only on a limited basis, and obtain clear documentation
of employee consent prior to conducting a search.
• Ensure that workers
are not, or do not perceive that they are, being detained against
their will in any workplace investigations of suspected drug or
alcohol use or possession.
• Minimize breach
of contract and wrongful discharge claims by following established
policies and revising policies that lack sufficient flexibility
to deal effectively with various confrontational situations.
• Establish your drug-
and alcohol-free workplace policy in writing, and ensure that
all employees receive and acknowledge (in writing) receiving a
copy of it.
