Drug Testing in the Workplace: What Are Your Rights?

According to the U.S. Department of Labor, more than two million people have worked while under the influence of alcohol. Toxicology reports from 1998 revealed that nearly 20% individuals who were involved in workplace accidents had alcohol in their systems. Illicit drugs and abuse of prescription medications also represent a problem in the workplace.

Why do employers choose to perform drug testing?

Being under the influence of a substance during work hours can be dangerous for both the employee in question and their co-workers. Even many prescription medications include warnings not to operate machinery while using the substance. Prescription medications, alcohol, and illicit substances can impair judgment and slow reaction time, which can lead to accidents, injury, and even death. Furthermore, substance abuse while at work can decrease productivity as well as the quality of the employee’s work. Substance abuse outside of the workplace may increase tardiness, absenteeism, and turn-over rate. (For more information on this topic, read our article on Substance Abuse at the Workplace.)

By testing employees for the presence of prohibited substances, employers help to create a safe, drug-free work environment for all employees and ensure that work time is productive and efficient. Additionally, employers that test their employees and make active attempts at prevention of substance abuse in the workplace may qualify for discounted rates for Worker’s Compensation insurance.

What types of companies are allowed to do drug testing?

Few employers are actually required to perform drug testing. While the laws vary by state, private, non-union companies are, in general, allowed to require applicants and current employees to take drug tests. The Drug-Free Workplace Act of 1988 requires that most federally funded workplaces provide drug-free environments. Although the act does not specifically mandate drug testing, a number of government agencies (such as the Department of Energy, the Department of Defense, and the Nuclear Regulatory Commission) do have requirements that include some type of drug testing. In the latter case, the government agencies must adhere to specific guidelines that have been established by the Substance Abuse and Mental Health Services Administration (SAMHSA) including: a medical officer to review the results, quality control procedures, establishing validity through retesting when necessary, and the use of labs that are approved by SAMHSA. Recent revisions have expanded urinalysis to include Ecstasy in addition to amphetamines, cannabinoids, cocaine, PCP, and opiates.

What are the rights of employees?

The laws about employees’ and employers’ rights vary by state, and if you have a question about your rights in a specific situation, you should consult an attorney. In general, employees have a right to privacy and businesses have a right to attempt to conduct business safely and efficiently. Many states look at drug testing cases on a case-by-case basis and try to determine whether the employee’s violation of privacy outweighed the business’s reasonable right to conduct business – and vice versa. Businesses that educate employees about the policies and procedures associated with random and advanced-notice testing; follow the guidelines established by SAMHSA; secure written agreement to submit to drug testing from employees as a condition of employment; and avoid intrusive or deprecating situations often have greater success at legally justifying drug-testing than businesses that do not.