Mistakes can occur with workplace drug and alcohol testing. These can have economic and legal consequences for the company.
Testing tends to be performed in 4 situations:
(1) prior to employment (using a negative test as a condition for employment)
(2) for cause, when there is a reasonable cause to suspect intoxication
(3) randomly (often stipulated in a regulated industry)
(4) after an injury or accident
Employees may be separated into:
(1) in a position regulated by the Department of Transportation (DOT) or similar agency
(2) in a non-regulated safety-sensitive occupation
(3) not performing tasks that are safety-sensitive
Employers may conduct testing:
(1) based on government requirements to do so (as by DOT)
(2) based on a drug-free workplace program, which may have reduced insurance premiums
(3) based on company policies for human resources
Top 10 mistakes (Russo, 2018):
(1) applying DOT-requirements to non-DOT regulated employees rather than following state or local laws
(2) not realizing that state and local drug testing laws vary widely
(3) not having a written policy
(4) having a vaguely written policy
(5) inconsistency in the disciplinary actions taken for a positive test result
(6) failing to conduct a reasonable suspicion test immediately (including being unable to perform the test appropriately)
(7) failing to follow through with reasonable suspicion testing after hearing an employee's excuse
(8) failing to train supervisors
(9) failing to recognize or to define a refusal to undergo testing
(10) conducting overly broad post-accident or post-injury testing
Some additional mistakes might include:
(1) failing to apply the same standards to the similar classes of employees
(2) not having data reviewed by a licensed medical review officer
(3) not considering all explanations for a test result (jumping to a conclusion)
(4) not following the policy as written
(5) not following DOT procedures for DOT-regulated employees precisely
(6) not having legal review of the testing policies
(7) not maintaining confidentiality of medical information
(8) not conducting drills, so that key people are unprepared to properly respond to a situation
