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Drug Test For Employment: Importance, Legal Considerations, And The Types Of Tests

15 February, 2024

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Employers conduct drug tests for employment to screen employees or applicants for drug use, which can impair their performance and jeopardise the safety of others. Legal aspects such as privacy rights, compliance with relevant laws, and obtaining proper consent from the individuals being tested are important considerations for employers. Commonly used types of drug tests include urine, saliva, and hair tests. Each test has its benefits and limitations.

Alcohol abuse and drug usage in the workplace are significant concerns. It can lead to decreased productivity, increased absenteeism, accidents, and potential legal liabilities for employers. This is why drug testing has become a common practice in many industries. It is especially crucial in high-risk industries like the mining industrytransport industry, and other critical positions. This article will present employment drug tests, including their importance, type of tests, and legal considerations.

Importance of Drug Tests for Employment

Drug tests for employment are important for several reasons. First, they play a critical role in ensuring the safety of employees. Individuals who are under the influence of drugs can present safety risks to themselves and others around them. By testing for illicit drugs, employers can minimise the chances of workplace accidents and injuries.

In addition, the tests enhance productivity. The effects of drugs can impact the ability of employees to perform their jobs effectively, resulting in a decrease in work quality. By conducting drug testing, business owners or companies can ensure that their employees are fit to work. This ultimately improves the overall productivity.

Moreover, the tests are necessary for legal compliance. It is a legal requirement for many companies to have a workplace policy that addresses drug abuse. Testing employees for drugs is one way for employers to fulfil their obligations and demonstrate their commitment to a safe workplace. It also helps in the hiring process by ensuring that new employees comply with the drug policies.

Reasons to Conduct

  • Random testing: conducted periodically without prior notice. It helps deter employees from using illegal drugs. It also aids in maintaining workplace safety.
  • Post-incident testing: conducted after workplace accidents or incidents. It helps determine if drug use contributed to the mishap.
  • Reasonable suspicion testing: administered when there is evidence or reasonable grounds for drug use by an employee.
  • Pre-employment drug testing: done before hiring a potential employee. It ensures candidates are free from drug issues before joining the workforce.
  • Blanket testing: applies to all employees within a specified group or department. It maintains fairness and consistency across the organisation.

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Legal Considerations Surrounding Drug Tests for Employment

To conduct drug tests for employment, companies must comply with the relevant laws. Each state may have different employment laws regarding drug testing. Therefore, employers must ensure they are following the specific regulations for their location. Failure to comply with these regulations can result in legal consequences, including fines, lawsuits, and damage to the reputation.

Additionally, privacy rights are an important consideration. Employees have a right to privacy, and drug testing may infringe upon this right. Employers must conduct tests in a private area and only share the results with authorised individuals within the company. It is also essential to handle any collected data with utmost confidentiality.

Obtaining consent from employees is another crucial legal consideration. Before conducting workplace drug testing, employers must obtain written consent from the employee. This consent should clearly outline the purpose of the test, the type of test being conducted, and how the results will be used. Without proper consent, drug testing may be deemed as a violation of the rights of employees.

How to Develop a Policy?

Having a clear and comprehensive drug policy in the workplace is essential for maintaining safety and productivity. Firstly, the policy should outline the illicit drugs prohibited on the company premises. Secondly, it is important to include a statement about compliance with local, state and federal laws. Thirdly, it should include the procedures for illicit drug testing.

Furthermore, clear consequences for violating the drug and alcohol testing policy should be in place. This may include disciplinary actions, up to and including termination of employment. Nevertheless, it is important to address the matter confidentially. Also, companies may include information about resources like education programs and support services.

A medical professional conducting a swab test on male individual

Types of Drug Tests for Employment

There are several types of drug tests for employment. The first type is urine testing. This is a widely used and commonly adopted method. The test can detect a wide range of illicit substances and prescription medications. Moreover, urine samples have an extended detection window of 72 hours or more.

The second type is saliva testing. This method is less invasive and offers prompt results. Saliva tests are capable of detecting drug use within a recent timeframe, typically within the past 24-48 hours. It typically involves swabbing the oral cavity to obtain saliva samples and testing it using rapid screening devices or laboratory analysis.

The third type is the hair follicle drug test. It has the longest detection window of up to 90 days or more. The collection procedure includes obtaining a small sample of hair from the scalp and analysing it for the presence of drug metabolites. This method can help determine if a person has a substance use disorder due to its ability to provide historical data on drug use.

What Can be Detected?

Drug testing can identify a broad spectrum of illicit and legal substances. The most commonly targeted substances include THC (marijuana), cocaine metabolites, amphetamines, and opioids. Opioids include heroin, codeine, and morphine. Additionally, certain tests may detect designer drugs, such as ecstasy and synthetic marijuana.

The test may also detect ethanol, benzodiazepines, barbiturates, and phencyclidine (PCP). It is essential to review the specifications of a particular screening device. This is because certain devices may not be able to detect certain drugs. For instance, the number of panels in urine drug testing kits will determine how many substances it is capable of identifying.

Conclusion

In conclusion, drug tests for employment are vital for ensuring workplace safety, enhancing productivity, and complying with legal requirements. Employers must navigate the legal considerations surrounding drug testing, including state laws, privacy rights, and obtaining employee consent. Failing to adhere to these regulations can lead to legal consequences and reputational damage. Therefore, companies must prioritise proper procedures and transparency to maintain a safe and compliant work environment.

Developing a workplace drug policy involves clearly outlining prohibited substances, compliance with laws, testing procedures, and consequences for violations while ensuring confidentiality. Various drug testing methods, including urine, saliva, and hair follicle tests, offer different detection windows and levels of invasiveness. These tests can identify a range of substances, including THC, cocaine, opioids, and designer drugs. By implementing an effective policy and testing regimen, employers can mitigate risks associated with substance use or abuse.

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