Drug and Alcohol Testing Policies: Elements for Consideration

When considering whether to implement a drug testing policy, employers should be aware that, for most employers, testing is not required or regulated under the federal Drug-Free Workplace Act of 1988. The Drug-Free Workplace Act applies only to federal contractors and grantees. The majority of employers are, however, subject to state and local statutes that limit or prohibit workplace drug testing. These employers may still test employees for a wide variety of substances, but only if the employers follow the state or local rules.

If an employer chooses to implement a drug and alcohol testing policy, the policy should be written with consideration of some important issues such as: when to test, types of drug tests, who can require a drug test, and whether or not applicants will be subject to drug testing. The drug testing policy should also cover retesting, who will do the testing, rehabilitation, and confidentiality just to name a few. The drug testing policy should also address whether employees will be required to provide written consent and a release of any claims with respect to the administration of a drug test.

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The HR Library has more helpful drug testing resources like these:

Drug Testing Regulations by State

Sample Drug Testing Policies

Developing a Drug and Alcohol Testing Policy