- Can employers require drug testing?
It depends, particularly on your state laws. On a federal level, there are no laws that authorize drug testing employees, except for certain heavily regulated industries such as defense and transportation.
- Is it legal to drug test a potential new hire?
The state you’re in may impact this considering rules vary from state to state. However, for members of the transportation industry, it is legal and mandatory.
- Is it okay to drug test if we don’t have a drug testing policy in place?
This is a legally nebulous area. Depending on your state, you could open your company up to liability if you don’t have a clear policy on the books.
- What do I do if I think my employee is under the influence of drugs or alcohol?
If you have reasonable suspicion that an employee is under the influence, you must establish that and then give them notice. Per the Omnibus Transportation Employees Testing Act for commercial drivers, tests may only be conducted in accordance with established and proven clinical procedures.
- How do I know if I need my employee to have a DOT drug test or a Non-DOT drug test?
If you’re in a regulated industry such as transportation, your employees will need to undergo a DOT Drug Test. If you’re in a non-regulated industry, your employees will need to take a Non-DOT Drug Test.