The utilisation of drug testing can be for, but not limited to; pre-employment criteria, random drug testing onsite, or following an incident which has occurred on site. Due to the prevalence of this form of testing, it is crucial for the business and the current or future employees to be aware of and comply with the rights of the donor/participant during testing. 

In this post, we will explain why it is important to comply with employees’ rights during drug testing for both legal and ethical considerations, and how the business can best accommodate this before the testing program even starts.

What is Employee Drug testing, and Why Does it Matter?

Employee drug testing is the act of testing for a substance taken into the body which, when taken into the body, alters its function physically or psychologically, excluding food, water and oxygen (known as a drug). 

To test for these substances, urine or saliva testing is commonly used, with the former being a more accurate method of testing. Depending on legislation or company preference, the type of test used may vary.

So why do we actually conduct drug testing? To put it simply, rigorous testing for these substances is used to ensure that employees are fully able to perform the inherent requirements of the roll without increasing safety risk to themselves or others around them. This comes from the fact that individuals who are at the time affected by a drug are at much higher risk to cause a safety incident at work than those who are not. 

The rights of the partaking employee will be stated in the individual organisations drug and alcohol policy as well as in additional policies which may include but not limited to the equity policy and privacy policies. 

Additionally the rights and obligations of employees will most likely have been communicated by the requesting authority through educational awareness programs, consultation with employees, toolbox talks and the distribution of policies.

The ‘Drug and Alcohol testing institute’  have created a simple outline to follow when thinking through this process.

checklist

Once created this document should be readily available to the workers as-well through educational awareness flyers, toolbox talks and during the initial interview/hiring stage.

Toolbox talks: 

Regular meetings with managers, supervisors, team leaders and employees around the importance of maintaining their awareness of their rights and obligations around drug testing. These talks should also include information surrounding the importance of maintaining a drug free workplace to ensure adequate productivity and most importantly safety for the individual employee and those around them.

Education awareness policies: 

Posters: Placing informational posters around the workspace detailing the rights of the employees as-well as their obligations (may be formed from the table above).

Email chain with supervisors and employees:

Allowing open awareness through emailing workers where possible around their rights and obligations in regards to drug and alcohol testing.

Ensuring the compliance with employee rights during drug testing will ensure both an ethical and legal competency as well as ensuring that the testing procedure is carried out for its intended purpose. 

If you would like any further information regarding the rights of employees when conducting drug tests or would like a detailed informational poster then reach out to us today!