Drug-Testing Checklist

Do

• Identify and comply with relevant federal or state laws.
• If applicable, talk with union officials.
• Identify and contact a U.S. Department of Health and Human Services-certified laboratory and a medical review officer.
• Develop a system to protect the confidentiality of employee drug-testing records.
• Designate a person at your workplace who will receive the test results from the lab and keep them confidential.
• Notify employees 30 to 60 days before the drug-testing program goes into effect.
• Abide by any policies communicated to employees.

Don’t

• Enforce a workplace policy inconsistently. An inconsistent policy is unfair and makes an employer a target for litigation.
• Publicize drug-test results. Disseminate employee or job applicant test results only to those who need to know.
• Take action if only an initial positive drug-test result is available. A confirmatory test must always be conducted on specimens that had initial positive drug-test results.
• Use unaccredited laboratories.
• Address drug abuse without addressing alcohol abuse. Make the dangers of abusing alcohol part of the drug abuse education program you offer employees.
• Confront a suspected drug user alone. Confronting a person under the influence or engaged in illegal behavior could be physically dangerous. In the event of legal challenge, it helps to have a witness.
• Allow impaired employees to drive home. Have a supervisor drive them.