Drug Testing Law
Drug testing in the workplace and sports, and now even in schools, is becoming an increasingly common practice. However, legal systems have not yet caught up with the 'facts on the ground' with regard to the practices. Often due to a combination of poor communication, unclear objectives, and inadequate procedures, workplace drug testing is often considered controversial, both legally and ethically.
From an employer's perspective, the motivations for workplace drug testing generally include compliance with health and safety laws or drug testing law, enhanced productivity, promotion of public confidence, and in the USA, compliance with US DOT drug testing regulations.
Legal systems in many countries try to strike a balance between the rights of individuals and the greater good of society by direct or indirect drug testing laws or even encouragement of drug testing combined with direct or indirect drug testing laws that regulate, control, or restrict drug testing.
An example of a direct drug testing law is the statutory obligation to test an employee for drug abuse following a work-related accident contained in the Omnibus Transportation Employee Testing Act 1991 (US).
An example of an indirect drug testing law is the encouragement on the UK Health and Safety at Work Act 1974 that entails a duty to provide a safe workplace.
Drug testing laws, either direct or indirect, need to be balanced with an understanding of related non-drug testing laws such as anti-discrimination provisions and data protection statutes.
Many drug testing laws insist that drug testing should only be conducted with the consent of the person to be tested. It is standard practice to ensure that this consent has been obtained as part of a drug testing program and included in employment contracts.
US Federal Drug Testing Laws
The Federal Drug-Free Workplace Act was introduced in 1987 and requires companies receiving federal contracts or grants to conduct drug testing, introduce drug testing policies, and provide employee education.
The US Department of Transportation's (DOT) testing rules, known as 49 CFR Part 40, are the most wide reaching drug testing regulations covering the entire Federally-regulated transportation industry.
Drug Testing Law Examples
The UK Railways and Transport Safety Act 2003 gave the police the power to conduct preliminary breath, sobriety, saliva, and sweat testing for people suspected of driving under the influence of alcohol or drugs.
The Irish Health and Safety Act 2005 requires in Section 13 that employees submit to appropriate testing. An employer may prevent an employee from working if it is considered dangerous.
The Finnish Act on Workplace Drug Testing 2004 allows drug testing for successful job applicants and current employees. Drug testing is allowed where intoxication or addition may endanger life, health, traffic safety, security of information, or business confidentiality.
The Norwegian 2005 Act No. 62 related to Working Environment, Working Hours and Employment Protection states that an employer can demand drug testing when pursuant to regulations for safety-critical activities.
Pre-employment screening is prohibited by Dutch drug testing law.
Regardless of how well a drug testing law is written, there are always different interpretations of the drug testing law. This is one of the reasons why it is essential to get a lawyer that is an expert in drug testing law to review a drug testing policy.
Enforcement of Drug Testing Policy
A drug testing policy does not provide any legal protection unless it is enforced and you can prove that it has been enforced. This means that all participants in the workplace drug testing process must follow the drug testing policy.
In addition, if the drug testing policy also includes regulatory compliance, it is necessary to be able to provide evidence that the drug testing policy is in compliance with the regulations.
It is essential that employers impose all of the terms of the drug testing policy on all employees in a manner that is strictly fair to everyone, without any favoritism or exceptions.