It is highly essential to create and embrace a drug and alcohol screening policy for your workplace to maintain a productive and safe working area and prevent other issues that may happen, such as personal accidents and costly litigations.
The main problem with the policy is the challenge that comes with navigating the alcohol and drug-testing world. By clicking here, you will be able to read everything about testing methods in general.
At the same time, state laws tend to contrast federal regulations, which is why you need to comply with all of them to reduce the chances of potential issues that may happen.
Before creating a policy, you need to remember and consider a few things. Of course, one of the most important ones is the ability to take advantage of applicable regulations within your workplace.
That is why employers have to focus on what is allowing, as well as what is prohibited. Apart from that, as an employer, you should understand the basics of what regulations you should comply with your state of operation.
Besides, you need to understand that some states come with workers’ compensation laws that may be applicable during the testing process.
Some states also offer incentives to employers that are conducting drug screening, which is why you need to compare state and federal regulations to find ways to comply with all of them.
Drug Testing Basics
It is challenging to create a policy that will fit all your needs and perspectives, primarily since everything depends on the type of work you are into. Since there is no federal law that we can apply to all employers, you need to think about your perspective and include state laws.
Your assignment is to determine which employees have to undergo federally mandated drug screenings. Besides, it would help if you understood state laws and how to comply appropriately, which will include when, where, how, and why you are testing employees in the first place.
If you also implement the additional regulations, including case laws, the screening methodologies and perspectives become highly confusing. As an employer, you need to continually update and review the policy with an idea to ensure compliance.
Besides, it would help if you talked with third-party sources with proper expertise in alcohol and drug testing to make sure that everything is according to applicable laws.
A common mistake that employers make is assuming that the state laws are the only one that applies to your particular situation. However, if you are operating in various states, it is highly essential to comply with state laws, but federal ones are essential as well.
Creating a transparent, concise, well-researched, and written drug testing policy will help you cover a wide array of legal requirements based on both federal and state laws.
Of course, you should implement the amendments to the base policy since the laws and requirements are continually changing and adapting.
Things You Can Do
Everything depends on the state in which you are working and operating. Generally, urinalysis is the most common and certified testing method.
Of course, you can use other methods as well, including hair analysis, saliva screening, and blood tests, which can be more effective in particular situations than urinalysis. Still, some states do not allow them, which is something you should research beforehand.
You should check out the state laws to determine whether testing methods are adequately conducted. Apart from that, some states tend to restrict the time and reasons for the screening processes.
For instance, in Alabama, the law states that confirmation and initial testing has to take place in a certified lab, which prohibits points of collection testing (POCT) in the workplace.
You can screen potential employees and current ones based on strict reasons, including post-offer, pre-employment, post-accident, reasonable suspicion, and random.
Have in mind that state laws tend to change based on numerous factors, which is why you need to make sure that you change the policy accordingly.
As soon as you visit this website: https://www.staffordandheafner.com/importance-of-dot-drug-testing-in-the-transportation-sector/ you will understand everything about DOT drug screening.
Federal vs. State Laws
The general perspective is that federal regulations are always ahead of state laws. The primary example includes DOT employees that have to undergo particular DOT alcohol and drug testing regulations without thinking about state laws.
Since some industries come with federally mandated screenings, you have to follow them, but the process has to comply with state laws as well.