INTERNATIONAL DRUG TESTING BY RANDY E. GODARD
What Do I Need to Know about Workplace Drug and/or Alcohol Testing in the International Setting?
This article is a follow-up to the DATIA webinar entitled “International Waters,” which was broadcasted on June 14, 2017. For purposes of this article: unless the context specifically applies only to alcohol, the word “drugs” includes alcohol; the phrases “drug testing” and “testing” include alcohol testing; and the word “workers” includes the terms “employee” and “contractors”.
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f I were contemplating expanding my business to the international marketplace—and if I was desirous
of implementing drug testing in the workplace—I would first examine whether the target country had laws specifically requiring the testing of applicants or workers for the use of drugs. I would then explore whether the country had laws, regulations, industry standards, or customs outlining the practice of collecting, documenting, preserving, processing, and destroying of samples and information related to the drug tests. U.S. employers are likely familiar with
testing practices in U.S. jurisdictions. With few exceptions, other countries have not developed drug testing policies and protocols to the same extent as have been developed by U.S. jurisdictions. However, if one considers the countries’ culture, business and legal environments, public policies, employment and labor laws, and privacy protections; one can reasonably implement the appropriate testing policies and practices. With regard to the practices of a particular community (in this context, “community” could be a nation, state, province, or municipality; an ethnic or religious group; or—in areas where the tribal or familial connections are important—a tribal or extended family group) employers should consider the following issues: 1. Whether the culture of the community weighs in favor of drug testing
2. Whether the community has criminal laws regarding the possession, transpor- tation, exchange, and use of drugs
3. Whether the community has public policies regarding drug use, full em- ployment, economic development, and safety in the workplace
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4. Whether the community imposes obligations of notice, correction or remediation on the applicants, workers or the company upon the discovery of possession, transportation, exchange, and or use of drugs
5. Whether the community provides and enforces employment rights of applicants and workers relative to discipline, treat- ment, and/or termination of employment
6. Whether the community recognizes privacy rights of test subjects (i.e., applicants or workers) and privacy obli- gations of data controllers (i.e., employ- ers, testing agencies and labs)
1. Culture of the community
If the employer’s business is going to thrive in the community, the employer’s tolerance or opposition to drug use should complement the culture of the community. Otherwise, the employer’s success could be limited by lack of worker loyalty, poor work quality, worker disputes, and possible labor disruption, or retaliatory destruction of property. Depending on the population size of
the community, and its isolation from or connection with other communities, the culture of the community may remain static or may evolve. Te evolution may require that the employer’s business culture evolve in tandem. If the employer implements a policy that changes or redefines the business culture aſter the company has been doing business in the community for a period of time, the new policy may itself create conflict between the culture of the community and the employer’s business culture.
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