Our Company is looking into using on-site testing devices for certain
situations. Are these devices legal in all states? Is on-site
testing legal in all states?
Answer:
No, onsite testing is effectively prohibited in several states. In
most states on-site testing is guided by existing statute or
regulation. Be sure your drug-testing provider assists your company in
obtaining information regarding these important statutes and
regulations.
Question:
Our Company has mostly smaller groups of employees spread out over
several states. None of our employees are directly mandated to be
testing under federal regulations. Do we have to follow any specific
rules to conduct a basic company drug-screening program?
Answer:
Yes. Several
states, and even some individual cities, have statutes that affect
both the circumstances under which testing is permitted and the tested
procedures used. The ESS database of drug testing laws will help your
company to stay within the limits of the law when conducting drug
screening of applicants or present employees. When you have a specific
question on a law, just give our office a call and we will get you the
answers you need.
Question:
A colleague recently suggested that our company might be able to
reduce our workers compensation premiums by following certain
guidelines when we conduct our company drug testing program, is this
possible?
Answer:
Yes. Several states have voluntary workers' compensation premium
reduction laws. Be sure your drug-testing provider alerts you if one
of the states in which your company operates is one of these states.
Question:
Our Company has some operations in California. One of my HR staff
members has brought to my attention the California Confidentiality
Medical Information Act. Neither my present nor any of my previous
drug test providers ever brought this legislation to my attention. Can
you tell me how this legislation might affect how we conduct drug
screening in this state?
Answer:
Among other
things, a strict interpretation of this Act requires that the employer
utilize an authorization form that contains no less than nine specific
elements. ESS has produced a sample authorization form that
specifically addresses the requirements of this important piece of
legislation. A free copy of this form is available to all ESS clients
from our website.
Question:
Our Company is just now starting to put together a drug testing policy
for our applicants and employees. The biggest concern we have is
simply staying out of court. What can we do to achieve this goal?
Answer:
Ironically, not having a drug screening program may well imperil your
companies efforts to stay out of court much more than having one.
Start with a well-conceived company policy and choose providers that
place a strong emphasis on legal issues.
DISCLAIMER
The above information is intended to provide ESS clients with ESS's
understanding of some of the commonly asked questions relating to
substance abuse testing. Laws and regulations relating to substance
abuse testing are subject to change. This information is not to be
construed as legal or medical advice or opinion. ESS clients are
advised to consult with legal counsel in the implementation of all
aspects of their substance abuse programs.
