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Implementing a Drug Testing Program
 An effective drug testing program needs a drug testing policy. This may be part of the organization's drug-free workplace policy, or it may be a separate document. It should be distributed to all employees. The best protection against future legal challenges is to write a policy that is as detailed and specific as possible. What Should A Drug Testing Policy Include?
What method of drug testing should be used?
Which drugs will tested for?
Who Will Be Tested and Under What Conditions? Employers who are required to drug test by one or more Federal agencies should refer to the specific regulations to determine the types of testing that are required (i.e., random, post-accident, etc.). Employers whose employees are members of a union or collective bargaining unit should know that unless drug testing is required by law or regulation, it will likely be a mandatory subject of bargaining. The Consequences of Testing Positive or Refusing To Take a Test. Before beginning a drug testing program, carefully consider how you will handle a positive drug test result. The actions that will be taken in response to a positive drug test should be clearly, detailed in the written policy. Although there are many options, common responses include referring the employee for treatment, disciplinary measures, or discharge. Examples: If an applicant tests positive, she or he is usually denied employment. Some employers will allow the applicant to reapply after a period of time (e.g., 3 months). If an employee tests positive as part of a post-accident or reasonable suspicion test, the first response should be to remove that person from his or her position, especially if the job is safety-related. An employee who tests positive may be given paid or unpaid leave and referred to the employee assistance program (EAP) or other substance abuse assessment service, if available. Some employers automatically di scharge anyone who tests positive. Usually, refusing to provide a sample for testing or attempting to tamper with, contaminate, or switch a sample is considered grounds for discipline or discharge. It is important to have guidelines in place that explain the organization's procedures for appeal should an employee test positive. The appeal process will vary depending on the nature of the work done, State laws, contractual requirements, etc. It is essential, however, to provide written guidelines for how such situations will be handled.
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