Small businesses can bear the biggest brunt of substance abuse problems. That’s because smaller companies tend not to have established drug-testing policies and screenings. By not drug-testing there is a potential for negligence lawsuits filed by customers or employees.
If your company is thinking about drug-testing employees, consider these three important legal considerations:
Test all employees.
Testing for illegal substances or alcohol is permissible in the workplace pre- or post-offer or during employment. However, Title VII and other federal laws do prohibit unequal employer treatment based on:
- Gender
- Race
- Religion
- National origin
- Disability
If your company only tests employees suspected of drug use, you could face discrimination lawsuits by appearing to single out one of the above statuses.
Be open about testing.
Don’t try to get a hair sample from an employee or job applicant on the sly. You need to get their consent first – you can use a general drug-testing consent form from the Society for Human Resource Management for legally compliant screening.
Check state-specific laws.
Each state has its own sets of rules and regulations about drug-testing employees. Ohio doesn’t prohibit or regulate workplace testing, according to Sebaly Shillito + Dyer attorney Karl Ulrich.
“Instead of setting regulations, Ohio provides a voluntary set of guidelines for a company who implements a Drug Free Safety Program to qualify for a workers’ compensation premium discount. The Basic level provides a 4% discount, and the Advanced level provides a 7% discount when specific criteria are met,” Ulrich said.
To learn more about how Signet Screening’s drug screening services can help your company, click here.
This material is not intended as legal advice and is for general informational purposes only. Those seeking legal advice should consult directly with legal counsel regarding their specific facts and circumstances.
