What Are The Guidelines For Drug Testing?

Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been distributed to every employee subject to testing or that has been made available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer shall inform prospective employees that they must undergo drug testing. The written policy shall include at least the following:

1. A statement of the employer’s policy respecting drug and alcohol use by employees.

2. A description of those employees or prospective employees who are subject to testing.

3. The circumstances under which testing may be required.

4. The substances as to which testing may be required.

5. A description of the testing methods and collection procedures to be used.

6. The consequences of a refusal to participate in the testing.

7. Any adverse personnel action that may be taken based on the testing procedure or results.

8. The right of an employee, on request, to obtain the written test results.

9. The right of an employee, on request, to explain in a confidential setting, a positive test result.

10. A statement of the employer’s policy regarding the confidentiality of the test results.

Speak to an Experienced Employment Law Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified employment lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.

Your Next Step:

Enter your location below to get connected with a qualified Employment Law attorney today.

Additional Employment Law Articles