How to Navigate the Drug-Testing Discussion

This article was originally published on HR.com.

On January 4, 1987, an Amtrak train crashed less than 20 miles outside of Baltimore, Maryland. Fourteen people died when the conductors of an oncoming locomotive failed to slow their train at Gunpow Interlocking. The conductors also tested positive for marijuana, which was said to impair their judgment.

That tragedy spurred an overhaul in drug-testing policies for high-risk workplaces in the Department of Transportation, but these incidents should serve as a cautionary tale for all employers. It might be tempting to only associate these situations with hazardous work environments, but this can be a dangerous assumption.

Accidents happen all the time, and business owners are liable for protecting their employees and businesses from harm. Drug tests can help promote safety in the workplace, but they can be tricky to implement and enforce.

The Benefits of a Drug-Free Workplace

Critics of drug-testing policies believe the practice violates employees’ right to privacy, and those arguments are often heated and difficult to navigate. But hammering out a comprehensive, legally sound drug policy should be a priority for every company.

Drugs adversely affect employees’ performances in every aspect — causing problems from decreased productivity to life-threatening situations. Employers are liable for personnel operating under the influence, and drug tests can help keep staff safe.

Employee drug use is also an expensive habit to overlook. Substance abuse costs the U.S. $276 billion a year in healthcare costs, workplace injuries, disability payments, and productivity losses, according to the Substance Abuse Program Administrators Association (SAPAA). Companies that implement drug-testing programs not only reduce drug-related financial losses, but they may also qualify for incentives such as reduced costs for insurance and workers’ compensation.

Drug-free workplaces also receive other benefits, including higher morale, increased productivity, and enhanced security. Meanwhile, these environments decrease absenteeism, downtime, turnover, theft, and workplace accidents.

Tips to Prepare for a Drug-Testing Program

Before breathing a word about drug tests to employees, business owners and HR representatives should hash out a logical, legally sound policy that reflects the company’s needs and requirements. Before implementing a drug-testing program, they should:

?       Research all relevant laws and regulations in their particular industry. Guidelines may already be in place for drug tests in particular sectors, and those should be followed closely. If regulations don’t exist for a particular industry, a legal team can help determine what types of testing are allowed and how to manage the process. A clearly outlined policy will prevent a lot of headaches down the line.

?       Be ready to manage the conversation. Employees and privacy advocates might balk at the prospect of drug tests, and a good HR team will have a strategy for fielding questions and complaints. In industries with federally mandated drug testing, the conversation is a fairly simple one. Employers who don’t test are breaking the law, so employees can expect periodic testing. Private-sector businesses that don’t fall under federal mandates may have a harder time selling the drug-testing policy to employees.

Although your program might see some resistance at first, HR professionals can take certain measures to make the drug-testing prospect more palatable when it comes time to administer it.

Steps for Implementing a Favorable Drug-Testing Policy

Company owners and leadership aren’t the only ones who benefit from a drug-free workplace. Employees generally prefer to work in secure environments where they feel protected and respected. A smart drug policy should emphasize several key areas that encompass employer and employee interests.

?       Transparency
Employees should be clear on company policy from day one. HR leaders can emphasize the drug-testing policy in the contract before a new hire signs it and reiterate this information during training. This gives staff a chance to ask any questions or raise concerns well before the drug test is administered. Companies may not be required to give employees advance notice of drug tests, but staff must consent ahead of time. Getting their OK in writing before they begin work can prevent issues when testing time rolls around.

?       Safety
Business leaders aren’t out to “get” employees when they perform drug tests. They’re prioritizing a safe workplace, which is especially crucial in more dangerous work settings. Security personnel, drivers, healthcare workers, and law enforcement are a few positions that absolutely demand alertness and sobriety, so drug testing is a no-brainer in those cases. Emphasizing safety when educating employees about a program can help keep morale high.

If employees protest the policy, remind them why drug tests are an essential part of the corporate culture. Whether it’s government-mandated, motivated by policies at competing companies, or simply in line with the business’s values on health and safety, employees should understand the intent of the policy and how it’s being implemented.

?       Dignity and Fairness
Treating employees like they’re untrustworthy can quickly stigmatize a new policy. HR members should explain the program and administer the test to employees with respect. It may not win them over on the idea, but it will reinforce the positive rationale behind the procedure.

Administering tests in a consistent way also demonstrates that the company has a clear plan and is living up to promises of respect, transparency, and lawfulness.

?       Support
HR representatives can foster an environment of trust and goodwill by encouraging employees with substance abuse problems to seek assistance. Offering risk-free counseling may prompt employees to come clean about their problems even before failing a drug test, which promotes safety and strengthens the employer-employee relationship.

The goal of a drug-free workplace program is to provide an opportunity for employees to obtain treatment, overcome their substance abuse issues, and return to work. It should serve to help them, not hurt them.

While employees have many rights in the workplace, companies also have an obligation to promote a safe and drug-free workplace. But the relationship between drug tester and testee doesn’t have to be antagonistic.

By clearly communicating with employees skeptical of these programs, HR reps can send the message that they’re keeping everyone’s best interests at heart. Employees might not race to line up for a test, but they will respect the honesty — and that will go a long way toward ensuring a program’s success. - See more at: https://www.hr.com/en/app/blog/2014/09/how-to-navigate-the-drug-testing-discussion_hzps8x7n.html#sthash.vEO4zdQr.dpuf

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