Today it is quite common for employers to have random drug testing policies and procedures in place for their employees and staff. In most cases, employees must be willing to submit to and pass a pre-employment drug test and then agree to additional random drug screening throughout their employment with the company to help ensure a drug-free work environment. However, in most cases, the employer usually needs to have at least some level of suspicion before requiring an employee to submit to drug testing.
And while marijuana is now legal in several states, it is still illegal on the federal level, which can complicate things for some employers. This means that employers can still require testing and set consequences for employees who test positive for marijuana use. These consequences can include enrolling in a rehabilitation program, loss of benefits, and even termination. However, for an employer to conduct legal random drug testing there are several steps they must follow.
As the HR manager, it falls upon you to create a written “drug-free workplace” policy that provides your employer and company employees with legal protection. This policy will have to be provided to each and every employee for them to refer to at any time. They must sign and date a copy of the document providing proof that they have both read it and understood it before you place it in their personnel file. There are currently 14 states with laws in place that require employers to provide current and potential employees with a written drug testing policy. There are also two states who require state approval of any written drug testing policy before it is put in place.
It is your task for this discussion to craft a memo to your boss on the specific requirements for conducting legal random drug testing in a specific state. For each specific requirement in your policy, provide a short justification. Some things to consider for your memo are what specific subjects should be included in the policy memo [i.e. scope of testing, list of drugs to be tested for, employee retest request, consequences for violating drug policy, consequences for refusing to take random drug test, reasonable suspicion, what should occur if employee tests positive, etc. This is not an all-inclusive list of subjects to be considered in your policy memo.]
http://www.washlaw.edu/uslaw/ [Link to all state laws]