Reasonable Cause Testing – Should You Do It?

Should your workplace be aggressive in testing employees for suspicion of substance use or would you rather just increase your random screening program?

It is not uncommon for us to worth with employers who need an employee testing under reasonable suspicion circumstances, but they are uncomfortable confronting the employee, so they ask us to list the purpose of the test as “Random”.

This is not a good practice for employers.

In our highly litigated society – attorneys will need to know how this employee came to be randomly tested.

Was there a pool of other names drawn? How many were in the group?  How did this employee’s name come to be in a random draw on purpose?

Can you call a single drug test of one person … “random”?  No, you cannot.

If you as an employer do not feel comfortable with Reasonable Cause situations, there are two things that can help you tremendously:

  1. go through a Reasonable Suspicion Training Course and…
  2. …role play situations until you are comfortable with what to say and how to handle the outcomes.

Conspire! can help you with both of those solutions and to make sure you are protecting yourselves against potential litigation by conducting the most thorough, appropriate and quality screening options available to you.

Must I Have a Drug Policy in Order to Drug Test Employees?

It is typical of small business owners, who are new to hiring employees, to forget about implementing a drug policy until an incident occurs and someone needs a drug test. They are sometimes frustrated to learn that in some states, you may not order an employee to undergo a drug screen without having a policy in place that the employee was made aware of, prior to the incident.

To understand if this is a requirement in your state, check the case law in your state or call a reputable employment attorney who can answer your questions.

The bottom line is: always have a policy in place so that you and your employees know what to expect.

For more information on what your policy should contain, contact Conspire! We know what you don’t know about drug screening…let us be your expert.

About Jo McGuire


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