Best PRACTICE
BUSINESS WORKPLACE
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IMPLEMENTING & PROPERLY MAINTAINING A DRUG-FREE WORKPLACE PROGRAM hile many companies may have a drug testing program for employees in place, there are times that these programs are administered incorrectly. These issues or deficiencies in the program may have started at the very beginning of implementation. Therefore, it is important that when an employer (regardless of size) considers implementing a drug-free workplace testing program, they have exercised due diligence in developing the entire program from the company policy: who’s tested, when they’re tested, the selection of the testing facility and what action will result if an employee tests positive.
An employer has the right to be a drug-free workplace and the courts throughout Florida, and in fact throughout the nation, continuously support this position.
28 SPACE COAST BUSINESS
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Consideration 1 – The Policy
JAMES (JIM) A. GREER is the President/ CEO of Accredited Drug Testing and Chairman of the National Drug and Alcohol Screening Association. Jim has been in the drug testing business since 1993 and is considered one of the nation’s leading experts in drug-free workplace policies and drug testing requirements.
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When considering and implementing a drug-free workplace program, it is absolutely imperative that an employer create and distribute the drug-free workplace policy in writing to current and future employees, and employers should obtain a signature acknowledging receipt of the policy. The policy should contain a statement of the employers’ commitment to being a drug-free workplace, the circumstances in which an employee or applicant will be tested, what type of test is administered, and what the result will be if an employee tests positive (termination, second chance, etc.). Taking adverse action for a positive test when no written policy exists can cause an employer potential liability and is a poor employment business practice.
Consideration 2 – When to Test Most employers test for pre-employment or when a conditional offer of employment is made. However, another type of testing is random testing. Many employers conduct random testing on current employees through a random selection program. A random testing program reduces the use