3. Testing methods and collection procedures;
4. Consequences for testing positive or refusing to test;
5. Confidentiality requirements; and 6. Appeal procedures.
that may be considered in violation of the policy. Drug-related behaviors to be prohibited include possession, sale or use of prohibited drugs while at work, adulterating
a specimen, or refusing to be tested. Drug and Alcohol Test
Types: This area will outline when testing will take place and under what circumstances. All test types should define the criteria for testing. The most common types of testing include pre- employment, post-accident, reasonable suspicion, and random testing. If the employer offers a second chance agreement, return-to-duty and follow-up testing are also incorporated as part of
the testing options. Consequences: Many state laws
provide some guidance when it comes to consequences for violating a company's policy. Te consequences may include discipline up to and including termination and/or referral for assistance, depending on applicable state law or case law.
Examples Of course, there are other important components that companies choose to
74 datia focus
incorporate into their policy or specific components mandated by state or federal law to be included in the policy. For instance, Minnesota requires, at a minimum, the following content: 1. Employees or job applicants subject to testing under the policy;
2. Circumstances under which drug or alco- hol testing may be requested or required;
3. Te right of an employee or job applicant to refuse to undergo drug and alcohol testing and the consequences of a refusal;
4. Any disciplinary or other adverse person- nel action that may be taken based on a confirmatory test verifying a positive test result on the initial screening test;
5. Te right of an employee or job appli- cant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest; and
6. Any other appeal procedures available. In Oklahoma, an employer's writen
policy must address: 1. Who can be tested and under what circumstances;
2. What drugs are being tested for;
Conclusion Finally, the Department of Transportation (DOT) regulations are very precise on required policy content and may vary slightly among the various agencies. In any case, whether a policy and specific policy content is mandated by state law, it is always in the best interest of a company to have an up-to-date written policy in place. A comprehensive, customized drug testing policy is a company’s blueprint for achieving its drug testing objectives.
Bill Current is the President & Founding Partner of the Current Consulting Group (CCG). For assistance in learning about voluntary state laws that offer workers’ compensation premium discounts, visit
StateDrugTestingLaws.com an extensive on-line of state drug testing laws available through DATIA at a special discounted an- nual subscription.
Sharon Bottcher is Policy & Compliance Manager with Current Consulting Group (CCG). She is a former compliance special- ist with Health Services of North America and Lexis-Nexis/First Advantage. She specializes in monitoring state drug testing laws and DOT regulations, drug testing policy development, and DOT support services. She has written and reviewed hundreds of drug testing policies.
For more information about state drug
testing laws and how to meet the policy requirements of each applicable state law, contact Te Current Consulting Group (CCG) at 215-240-8204.
Spring 2016
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