One of the conditions for employment in certain jobs is a mandatory drug test. Drug tests generally involve an outside testing agency that collects workers' urine or blood and processes the results for the employer. Failing a drug test is usually grounds for termination, but employers must be careful in how they administer mandatory drug testing to stay within the law.
Purpose
Employers have several reasons to require mandatory drug testing for their employees. Some must do so to be in accordance with federal law. This is true for high-risk professions such as government-employer military and security personnel. Other employers administer drug tests to maintain a safe workplace where employees are alert and aware of their surroundings. Still others use drug testing to eliminate workers who would suffer from poor productivity due to a drug issue.
Policies
Most employers fall outside of the federal government's mandatory drug testing, which means each employer is free to choose whether to have such a policy. Employers are bound to the agreements they sign with labor unions or the employment contracts they sign with individual workers. Unions and groups such as the American Civil Liberties Union generally oppose workplace drug testing, labeling it a violation of privacy. An employer's drug testing policy needs to explain the process for administering tests and the procedures for dealing with a positive result, such as a probation period or job termination.
Types
Drug testing can take more than one form, but most mandatory testing in the workplace follows uniform federal standards. According to the Department of Labor, these tests look for five key types of drugs: amphetamines, cannabinoids, cocaine, opiates and phencyclidine. Together these substances cover most common recreational drugs without creating the high likelihood of false positive results from workers who use prescription medications. The specific test an employer requires depends largely on the business's budget and the availability of testing agencies.
Legal Issues
When employers wish to use drug testing anyway, they must have permission within a union agreement or inform employees of how the policy works at the time of hiring. One reason so many employers use the Department of Labor's recommended testing procedures is because federal courts have upheld these tests as legal and not violating workers' rights. Still, workers who lose their jobs because of a failed drug test may seek financial compensation, which can result in a long and expensive legal battle for the employer. Legal issues, as well as the cost of testing, force many employers to forego mandatory drug testing.
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