Testing for your Business
1 Pre-Employment Testing
Pre-employment drug testing is the most common “type” of workplace drug testing employed in the general workforce. Legally, pre-employment testing can be required of a job candidate only after a formal “Conditional Offer of Employment” has been made. Companies with USDOT-regulated employees (transportation, oil-gas, etc.) are required under 49 CFR Part 40 et al to do pre-employment testing. Non-regulated companies are not required to do pre-employment tests. But each year, a growing percentage of non-regulated companies do so. Pre-employment testing is a good policy since it is the first-step in establishing and maintaining a Drug-Free Workplace.
2 Random Testing
Drug tests on a “random” basis are not as common as pre-employment drug tests. The purpose of random testing is NOT to “catch” employees that are using drugs. It is to prevent employee workplace drug abuse. Random employee drug testing is a effective deterrent of employee workplace drug-use.
3 Reasonable Suspicion Testing
Testing for “Reasonable Suspicion” is a type of test utilized by companies. We can provide you Managers and Supervisors with tools to help identify drug use in the workplace and ways to approach the employees who are suspected to be tested. Without the proper training, supervisors and managers do not know what to do about it if they did observe such indicators!
The USDOT requires Reasonable Suspicion training for supervisors of companies with DOT-regulated employees. Even though Reasonable Suspicion training is not required to cover non-regulated employees many companies choose to bring the training to its Managers and Supervisors.Because there is no such “law” or “regulation” requiring companies with non-regulated employees to do so, few of them do. Tests done for “reasonable suspicion” result in “positive-for-drugs” at a higher percentage (11.0% for DOT-regulated and 31.9% for “general workforce in 2015) than for any of the other five types of drug tests.
4 Post-Accident Testing
Testing for drugs following an on-the-job accident has become somewhat a “standard” type of workplace drug testing for many companies. That is policy even for some companies that do not do any other type of testing.
In most states, an employee that tests “positive” for one or more drugs immediately following an on-the-job accident may be legally subject to dismissal “for cause”. They also may sometimes be held ineligible to receive certain benefits. Either or both unemployment insurance and Workers’ Compensation can be lost!
5 Return to Duty Testing
Passing a drug test as a condition of a “Return to Duty” is required of DOT-regulated employees. That is, “IF” their company’s written Drug-Free Workplace Policy allows for re-hire after a policy rule violation. Return to Duty testing also requires a prior completion of a successful counseling by a Substance Abuse Professional (SAP) before re-hire. (DOT-regulated company policies are NOT required to allow for re-hire after a drug policy rule violation. But they must stipulate that in their written policy if that is the case.)
Return to Duty drug tests are essentially “pre-employment” tests. The suspended employee is re-applying for the position they lost.
6 Follow-up Testing
Follow-up employee tests are another DOT requirement upon re-hire. That is, if re-hire is allowed under company’s written policy a minimum of five (5) such “Follow-up” drug tests of the reinstated employee are required in the first 12 months following re-hire. Under DOT rules, these five Follow-up tests must be scheduled “randomly” throughout the year. They are to be administered IN ADDITION TO any employee drug testing ALSO required under “Random”, “Reasonable Suspicion”, or “Post-accident” causes during the same 12 months.