Drug Free Workplace
The widespread introduction of drug free workplace programs in the 1980s in the USA was greeted with a somewhat mixed reaction. The idea of testing workers for drug use that may have occurred outside work hours was considered by many to be a breach of privacy and civil liberties. However, there was almost no negative reaction to the introduction of alcohol testing. It is possible to speculate that alcohol testing has been culturally acceptable for many years for drivers so extending alcohol testing to work hours was easier to accept. This level of social acceptance of workplace drug testing increased significantly in the 1990s as drug free workplace programs became routine.
The types of testing done to ensure a drug free workplace includes:
- Pre-employment screening, during the recruitment process. Some sources indicated that up to 80 percent of all workplace drug testing is pre-employment, which occurs before an employment relationship exists between a worker and employer.
- Probable cause testing, where there has been an event that is considered outside the scope of normality
- Reasonable suspicion testing, where a supervisor suspects that an employee is under the influence of drugs or alcohol
- Post incident testing, which typically means after an accident but can also be broadly defined to include unexpected factory production problems
- Periodic testing, which eliminates any danger of employees being victimized but is considerably less effective as a deterrent than random drug testing
- Random drug testing, which requires verifiable and tamper proof selection methods. This method is considered the best type of deterrence.
- Post treatment testing, which is generally done as part of an overall Employment Assistance Program or as part of a drug free workplace program that makes every effort to retain employees and avoid dismissal
- Event-based testing, such as for transfers or promotions
- Voluntary testing, which is generally done by senior personnel to set an example for fellow workers
The types of drug testing as part of a drug free workplace that have the most potential to cause legal problems are random drug testing (because it must be possible to prove that the selection was random) and reasonable suspicion testing (because what is considered reasonable is highly subjective).
Drug Free Workplace Benefits
The main benefit of a drug free workplace is improved workplace safety due to fewer accidents. This is also probably the least controversial aspect of drug free workplace programs. Entire industries, such as transportation and manufacturing, have drug free workplace programs that cover the entire workforce (a drug free workplace by definition must include all workers, if for no other reason than to avoid targeting specific sub-groups of employees).
The concept of workplace safety is sometimes extended in drug free workplace programs to include the concept of ‘business-related safety’, where it is argued that inappropriate use of drugs and alcohol can create business-critical situations that can result in the loss of large amounts of money.
There is a general trend toward the introduction of drug free workplace environments because it is considered best practice for ensuring occupational health and safety because employers, particularly in Europe, have a 'duty of care' to ensure a workplace is safe. The general trend of tightening corporate liability, especially with personable liability for company directors, makes management more likely to take steps to avoid preventable occupational accidents. So the general trend is for companies to introduce drug free workplace programs to lower corporate liabilities.
Another argument in favor of drug free workplace programs is the moral stance that drug abuse is morally reprehensible. The employer introduces a drug free workplace due to a sense of social responsibility. Drug free workplace programs introduced for such reasons tend to be part of broader Employment Assistance Programs.
Reasons for Drug Testing Employees
Some main reasons why companies drug test employees include:
- Making a general statement to employees that drug and alcohol use is not acceptable in the workplace
- Drug testing employees during the interview process reduces the number of applications from drug abusers
- Drug testing employees identifies abusers, which can be useful for a wide range of reasons, including rehabilitating employees, reducing accidents, reducing theft, improving productivity and general job performance, reduce absenteeism, increase general public safety, and reduce the potential for legal problems as a result of employees making mistakes under the influence of drugs.
Drug testing employees must follow best practices:
- Comprehensive consultation while developing drug testing policies.
- Drug testing policy: a written policy document that is freely available for anyone to review. A drug testing policy should include abuse prevention, identify drugs of abuse, education, counseling, treatment options, rehabilitation, and disciplinary measures.
- Guaranteed confidentiality for all information gathered while drug testing employees.
- Technical quality of the physical tests and adherence by all parties to the drug testing policy.
Drug testing employees introduces important privacy considerations for employers. The drug testing program records must be kept confidential at all times, with access to information strictly restricted to authorized personnel. At the same time, employees generally have a right to access and review their personal records. The records must also be tamper proof.