Ensuring the safety and security of your crew and the quality of the work they do are top priorities for your construction business. Develop a fair and consistently enforced drug testing policy as you protect your employees, company and clients.
When you can Drug Test Employees
Consider implementing drug testing in five situations.
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Pre-Employment Drug Testing
Ensure the employees you hire are free from the influence of drugs. Pre-employment testing also gives clients more confidence in your company.
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Post-Accident Drug Testing
After an accident, the employees involved should undergo drug testing. Some states limit post-accident testing, so check your local laws. Your state may mandate post-accident testing only if you have reasonable suspicion of impairment or if the personal injury or property damage exceeds a certain amount. Also, review your Workers’ Compensation insurance policy because it might require post-accident drug testing.
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Reasonable Suspicion Drug Testing
Mandate drug testing if you suspect that an employee is under the influence. Your reasonable suspicion must be based on specific and objective facts you see in your employee’s behavior, appearance or speech. Because reasonable suspicion can be subjective, write a clear definition that identifies specific suspicious behaviors. Create a reasonable suspicion checklist to use when you suspect impairment, and have two supervisors sign it to reduce potential liability.
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Return from Medical Leave Drug Testing
Ensure employees return from a medical leave unimpaired by medication. You want to ensure all your employees are fit to work, particularly if they operate equipment and power tools.
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Random Drug Testing
Deter drug use with random testing. It encourages employees to stay clean at all times.
Implement a Drug Testing Policy
Spell out details about when and why you’ll perform drug testing on your employees in an official policy you give every employee. It clarifies your expectations for employees and prevents lawsuits and other challenges when you ask for a drug test.
Your policy should include the:
- Types of drug testing you can do.
- Prohibition of illegal drug use and abuse of legal drugs, medications, chemicals, or other substances.
- Testing procedures, including where employees will report for specimen collection and how the specimen will be handled after it’s collected.
- Confidential testing policy.
- Consequences for a positive drug test.
- Resources for drug misuse assistance.
Be sure to update the policy regularly to ensure you remain compliant with local, state and federal laws. This policy also fulfills your insurance company’s requirements and can support coverage for relevant policies such as Contractors/Construction Trades Business Auto.
Drug testing can help ensure your employees remain safe and secure and protect your construction business. For related resources about testing services and coverage, see Testing Laboratories Insurance. If you need help implementing a policy or have questions about coverage, talk to an agent.
Frequently Asked Questions
Can I require a pre-employment drug test?
Yes, many employers require pre-employment testing as a condition of hire, provided the policy is applied consistently and complies with applicable laws.
When is post-accident testing appropriate?
Post-accident testing is commonly used when impairment is suspected or when an accident causes injury or significant property damage, but rules vary by jurisdiction and insurer requirements.
What happens after a positive drug test?
Consequences depend on company policy and local law and may include discipline, referral to an assistance program, or other actions consistent with your written policy.
How should prescription medication be handled?
Employees should disclose legitimate prescriptions as required by policy, and employers should assess fitness for duty while protecting medical privacy.