Compliance 101: Federal Laws on Drug Testing in the Workplace

Drug testing is a common practice in many workplaces, especially in safety-sensitive industries However, drug testing is also subject to various legal regulations and restrictions, depending on the type of employer, the nature of the job, and the rights of the employees. In this blog post, we will explore some of the federal laws and guidelines that govern drug testing in the workplace, and what they mean for employers and employees.


The Drug-Free Workplace Act of 1988

This law requires federal contractors and grantees to implement a drug-free workplace program, which includes drug testing, education, and assistance for employees who have substance use problems. The law applies to any contractor or grantee that receives a federal contract of $100,000 or more or a federal grant in any amount.


Executive Order 12564

This order establishes a drug-free federal workplace policy for all federal employees, except those in the military. The order requires federal employees to refrain from using illegal drugs on or off duty and to undergo drug testing before hiring, after an accident, or based on reasonable suspicion. The order also authorizes random drug testing for employees in testing designated positions (TDPs), which are positions that involve national security, public health, or public safety.


Mandatory Guidelines for Federal Workplace Drug Testing Programs

These guidelines, issued by the Department of Health and Human Services (HHS), set the scientific and technical standards for federal workplace drug testing programs. The guidelines specify the methods and procedures for collecting and analyzing urine, blood, hair, saliva, or breath samples, the drugs and drug metabolites to be tested, the cutoff levels for positive results, and the quality assurance and quality control measures for laboratories and medical review officers. 

Read: Why Choose a SAMHSA-Certified Lab?


DOT Procedures for Transportation Workplace Drug Testing Programs

These procedures, issued by the DOT, implement the drug and alcohol testing requirements for employees in the transportation industry. The procedures follow the HHS guidelines, but also include additional provisions, such as the testing for alcohol, the use of split specimens, the role of substance abuse professionals, and the consequences for violating the rules. 

Suggested: How Trucking Companies can be DOT Compliant?

As an employer or an employee, it is important to know the federal laws that apply to your workplace drug testing program, and to comply with them accordingly. Failure to do so may result in legal penalties, lawsuits, or loss of federal funding. 


goMDnow- Nationwide Federal Drugl Testing Services

Save your company from heavy fines by simply signing up with goMDnow or Call us at 980-202-1466 for free expert consultation.


 

Comments

Post a Comment

Popular posts from this blog

Random Testing Consortium: A need for Transportation Companies/ Truck Drivers

Image
Random Testing Consortium is the random selection of truck drivers/employees from different transportation companies and making one large group of them called a random testing pool . There are equal chances for the selection of random drug and alcohol testing for each employee present in the random testing pool. Why drug abuse is common among truck drivers?  The prolonged duty periods of truck drivers and hectic duty requiring them to be awake for several hours driving contribute to excessive usage of drugs more than any other company employee. According to the latest survey conducted by   American Addiction Centers truck drivers showed a high frequency of drug abuse. About 30 percent of truck drivers are reported as drug abusers. Among American-based truckers, the most frequently used drug is alcohol. Another study performed by the Department of Labor shows 65% percent of road accidents are related to drug abuse. Is Random Drug testing random for real?  As the name indicat
Read more

What’s the difference between DOT drug test and regular drug test?

Image
Drug testing is a common requirement for many jobs, but if you work in the transportation industry, you may be subjected to drug tests mandated by the Department of Transportation. What makes DOT drug tests and regular drug tests different? Federally Mandated DOT Drug Testing A DOT (Department of Transportation) drug test is a specific type of drug test that is required by the federal government for employees in safety-sensitive positions such as aviation, trucking, and public transportation to ensure that employees are free from drugs that can impair their ability to perform their job safely. Read more about DOT-covered employees in safety-sensitive positions from goMDnow A 5-panel drug test is mandatory for DOT-regulated employees namely: marijuana (THC), cocaine, opiates, amphetamines, and phencyclidine (PCP). DOT also requires strict chain-of-custody procedures to ensure the integrity of the testing process. If an employee tests positive on a DOT drug and alcohol test, they may
Read more

Consequences of Neglecting Employee Drug Testing

Image
  A drug-free workplace is an environment in which employees are prohibited from being under the influence of illegal drugs and controlled substances while on the job. Employers may implement drug testing, drug awareness programs, and education initiatives to maintain drug-free workplace culture. Learn about the drug-free workplace policy. Failing to prioritize employee drug testing can have significant consequences for both businesses and individuals. Let’s unwind how? Impact of Neglecting Employee Drug Testing Compromised Safety  Neglecting drug testing increases the risk of accidents and injuries, jeopardizing workplace safety. Decreased Productivity  Substance abuse hampers productivity, leading to lower efficiency and increased absenteeism. Legal and Financial Consequences Failing to conduct drug testing can result in costly legal disputes and damage the company's reputation. Negative Work Environment Without drug testing, a negative work environment may emerge, impacting mora
Read more