Drug and Alcohol Testing: US

This Drug and Alcohol Testing policy explains when your organization may require testing for applicants and employees, and how to run a process thats fair, confidential, and defensible. Federal rules can apply in certain roles, especially DOT-regulated positions, and 49 CFR Part 40 sets detailed standards for how drug and alcohol tests must be conducted, reviewed, and reported (including chain-of-custody and Medical Review Officer requirements). Outside of federally regulated testing, state and local laws can still shape what testing is allowed, what notices and consent you need, how to handle medical marijuana, and when post-accident or random testing is permitted, so a clear, general policy helps you protect workplace safety while setting expectations employees can follow.

The History Behind Drug and Alcohol Testing Policies in the US

Drug and alcohol testing became a mainstream employer practice as part of Drugs & Alcohol in the Workplace after courts and regulators made it clear that safety rules had to be taken seriously. The 1988 Drug-Free Workplace Act pushed federal contractors and grantees to take concrete steps around drugs at work, and many private employers followed to reduce safety incidents and liability. Employers also learned that testing programs had to respect privacy and disability rules, especially as the ADA (effective in 1992) drew a line between illegal drug use (not protected) and alcoholism (which can be a disability), while still letting employers prohibit impairment and enforce conduct standards.

Federal transportation rules then turned testing from a "nice to have" into a regulated system for entire industries. The Department of Transportation built a national framework for safety-sensitive roles, and 49 CFR Part 40 set the mechanics: collection procedures, certified labs, medical review officers, split samples, and strict confidentiality. Those rules normalized pre-employment, random, reasonable suspicion, and post-accident testing for covered roles, and they gave employers a compliance model that many non-DOT workplaces borrowed because it was detailed and defensible.

State law and marijuana legalization added complexities that have made policies more careful and specific. Employers started facing lawsuits and agency guidance about when a positive marijuana test could support discipline, especially for off-duty use and registered medical users, and the answer began to vary by state. We now see a steady move toward impairment-based decision-making and tighter limits on post-accident testing, driven by state statutes, workers' comp rules, and privacy protections, while DOT-covered testing stays strict and largely unchanged because marijuana remains illegal under federal law.

Which Law is a Drug and Alcohol Testing Policy Meant to Comply With?

There's no federal law that specifically requires a Drug and Alcohol Testing policy for private, US-based employers who aren't federal contractors or subcontractors. We include this policy because it's a common best practice for companies who drug test that answers employee FAQs and sets clear expectations.

If you're a public employer or federal contractor, you likely need to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. chapter 10) and related federal guidance, including the US Department of Labor's Training and Employment Information Notice (TEIN) No. 15-90. Some organizations also must comply with the US Department of Transportation's 49 CFR Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs).

How to Write a US-Specific Drug and Alcohol Testing Policy

• Start with "why" and introduce the concept, a safe, healthy workplace that requires employees to be free from the effects of alcohol, illegal drugs, and misuse of legal substances at work.
• Define when testing may be required, including pre-employment, reasonable suspicion, random testing for safety-sensitive roles, and post-incident testing with a reasonable basis.
• Set a pre-employment testing rule for candidates with conditional offers, including that failing or refusing can end the offer.
• Explain reasonable suspicion testing and the types of observations that can support it.
• Address random testing for designated safety-sensitive positions and align the approach with any applicable federal or state testing rules.
• Cover post-accident or safety-violation testing as part of an investigation, tied to a reasonable basis that substance use contributed.
• State how your organization will treat medical marijuana and protect individuals from adverse action based solely on a marijuana result where required by law.
• Require employees to report use of medications that could impair safe job performance.
• Describe core testing procedures, including use of an independent certified lab and legally accepted methods.
• Address payment and expense coverage for testing-related costs.
• Set confidentiality and access expectations for test results and related records.
• Define consequences for positive results or refusals for applicants and employees, including discipline up to termination.
• Require written consent for testing and treat refusal to sign as refusal to test.
• Include a voluntary help option (such as an EAP) and clarify that seeking help does not remove the obligation to follow the policy.

When to Include this Policy in Your Employee Handbook

If you have 1 or more employees in the US and you drug test, you should include this policy in your employee handbook for US-based employees.

Exceptions

None