HomePoliciesDrug and Alcohol Testing

Drug and Alcohol Testing

A Drug and Alcohol Testing policy explains when your organization may require applicant or employee testing (such as pre-employment, reasonable suspicion, post-incident, and safety-sensitive random testing), how results are handled confidentially, and what consequences may apply, while accounting for state-specific limits and protections, including medical and recreational marijuana rules.

How to Write a Drug and Alcohol Testing Policy

  • Start with "why" and introduce the concept.
  • Define the expectation that employees are fit for duty and not impaired at work.
  • State the testing situations your organization may use, including pre-employment, reasonable suspicion, random for safety-sensitive roles, and post-incident.
  • Address how your organization will handle medical marijuana and legally prescribed or over-the-counter medications that could affect safety.
  • Describe the testing process at a high level, including use of an independent lab and legally accepted procedures.
  • Explain confidentiality of test results and employee access to their results.
  • Set the consequences for a positive test or refusal to test for applicants and employees.
  • Require written consent for testing and treat refusal to sign as a refusal to test.
  • Include a pathway for employees to seek help voluntarily through HR or an EAP.

 

For advice on writing a Drug and Alcohol Testing policy in a specific jurisdiction, see below.

How to Write a Drug and Alcohol Testing Policy for a Specific Jurisdiction

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.