• Incentives for employee abstinence • Test Purposes (Pre-Employment, Random, Annual, Wall-to-Wall, Reasonable Suspicion, Post Accident, etc.)


• Drug Testing Methods • Panels (5,6,7,8,9,10,11 or 12 panel drug tests)


• Specimens (urine, hair, blood, oral fluid, etc.)


• Cut-off levels • Employee behavioral expectations • Collection locations (on-site or off-site) • Drugs i.e., specific prescription drugs, medical marijuana, recreational marijuana)


• Protocol for prescription drugs in the workplace


• Violations to promote a drug-free workplace • Disciplinary actions and opportunities for re-employment or zero tolerance


• Vendors needed to support your drug testing program (collectors, Medical Review Officers, third-party administrators, substance abuse professionals, etc.)


Other Considerations for Drafted Testing Policies


• Schedule a Periodic Revision Plan Tat Ensures Alignment with Business Changes and New Legislation


Tackling the daunting task of developing


a drug testing program is just the first step. An effective program will include a comprehensive maintenance plan that requires reviewing the impact of the current state of your business and applicable mandates. State-specific drug testing legislation is changing at a rapid pace. In 2019, there were a total of 29 states that had one or more drug/alcohol- related legal changes, including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Guam, Hawaii, Illinois, Maine, Massachusets, Michigan, Nevada, New Hampshire, New Jersey, New Mexico, New York (City), North Dakota, Ohio,


www.datia.org


Oklahoma, Oregon, South Carolina, Tennessee, Vermont, and Washington. Tracking legislative and regulatory


changes in the drug screening industry can be time-consuming and challenging, especially for employers; for example, an employer with employees assigned to worksites outside of the corporation’s home state. Legislation within a corporation’s home state may conflict with the state of the work location for issues, such as allowed test purposes, test methods, etc. Established drug testing programs should be reviewed annually, at a minimum, and the frequency may be influenced by legal factors and applicable business growth. An effective practice that can be easily integrated into any revision plan is collaborating with a subject mater expert or drug testing program vendor that provides alerts regarding legal and regulatory changes. It is highly recommended that your organization include a legal review by your organization’s preferred counsel before finalization to ensure consideration of all intricacies of your business’ operations.


Food for Thought A well-writen policy that is consistently executed will not guarantee your organization’s immunity from challenges by employees, particularly policy violators. However, your organization’s ability to clearly set expectations, define processes, and maintain a writen policy that defines parameters for disciplinary actions up to, and including, termination will prove to be a sound deterrent for violators determined to undermine imposed discipline. A clearly writen policy will allow


your organization the opportunity to develop unified training that can be easily replicated or modified for multiple mediums. Making drug testing program training easily accessible is an effective


Established drug testing programs should be reviewed annually, at a minimum, and the frequency may be influenced by legal factors and applicable business growth.


method of encouraging acknowledgment and adherence. Your organization’s best efforts can be


impeded by an outdated or misaligned drug testing program or the inability to produce documented guidelines that support adverse action. If you are an employer who mandates (pre or current) employment drug testing, it is imperative that your company maintain a relevant, well-documented drug testing program. As a third-party administrator, DISA


is aware of the complexities of creating and maintaining an effective drug testing program. DISA currently offers professional drug and alcohol policy creation and review services. By enlisting the assistance of DISA, users can rely on drug screening industry experience spanning over 30 years with unique subject mater expertise in navigating the intricacies of drug testing mandates. ❚


To learn more about DISA’s Policy Creation and Review services, please contact DISA’s Sales group at 281-673-2530 or email Sales@Disa.com.


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