Drug Testing Policy Template for Employers

Employers across a wide range of sectors use drug testing policies to meet legal requirements and maintain safe operations. A policy that’s vague or incomplete is harder to enforce and more open to legal challenges. Too often, templates skip over important pieces like defined terms, detailed testing procedures, and a requirement that employees sign a consent form along with an acknowledgment. Without those, it becomes much tougher to defend a termination after a positive test.

The sample policy provided in this article includes enforceable language employers can use to explain when testing will occur, how results will be handled, and what consequences follow. It reflects federal requirements and identifies sections that may need to be revised based on state law before implementation.

Download the Sample Drug Testing Policy Template

Employers can use the sample policy below as a starting point when developing or updating their company's drug testing policies. It includes provisions for testing procedures, employee consent, written acknowledgment, and steps for handling policy violations. The sample policy was written to reflect federal requirements, but does not account for differences in state law or labor agreements. Employers should consult counsel before implementing or relying on this policy in practice and make changes based on the job roles, locations, and enforcement conditions it will apply to.

⚠️ Disclaimer:
This sample is for informational use only. It may not reflect current requirements in your state or industry. Conn Maciel Carey LLP does not take responsibility for how this document is used or modified. Employers should consult counsel before applying any part of the sample in practice.

[Download the Sample Template]

What to Include in a Drug Testing Policy

Policy Purpose and Scope

The policy should begin with a short explanation of why drug and alcohol testing is required. In most cases, employers rely on it to help reduce safety risks, meet federal obligations, or follow rules tied to contracts or licensing.

It should also be clear about who is covered. Some policies apply to all employees, while others apply only to those in safety-sensitive positions. Testing may also be required during the hiring process once an offer has been made.

Finally, the policy should explain where testing may take place. That might include a job site, a third-party collection facility, or any location where the employee is performing work for the employer.

Substances Covered

The policy should make clear which substances the employer plans to test for. That often includes alcohol, marijuana, cocaine, opioids, and amphetamines. Some employers also include certain prescription drugs if they’re known to affect alertness or coordination. Depending on the job, synthetic drugs might be part of the testing panel as well.

For positions covered by DOT regulations, the required substances are already defined under federal law. In all other cases, employers set their own testing panels, but the list should reflect the risks associated with the job.

Marijuana laws complicate things in some states. In New York and Rhode Island, for example, a positive test might not be enough to take disciplinary action unless there’s evidence the employee was impaired while working.

Prohibited Conduct

The policy should state that employees are not allowed to be under the influence of drugs or alcohol while working or performing job duties. It should also prohibit the use, possession, or distribution of controlled substances on job sites, in company vehicles, or in any setting where work is being done. However, the policy should clarify that an employee who uses a prohibited substance outside of work and later fails a drug test can still face disciplinary action.

If the policy includes prescription or over-the-counter medications, it should explain when employees are required to notify a supervisor that they are using a medication that may affect their ability to work safely. In most cases, this applies when the drug could impair coordination, alertness, or judgment.

A clearly defined list of prohibited conduct gives employers a stronger basis for enforcement and helps reduce confusion when responding to a violation.

A strong policy should define key terms clearly. Without precise language, the employer may have a harder time enforcing the policy consistently or defending a decision if it's challenged.

At minimum, the policy should define:

Under the influence – Explain how impairment is determined. Impairment can be based on a confirmed test result, observed signs that affect job performance, or both.
Possession – State that possession includes substances found in the employee’s belongings, vehicle, or any area the employee controls during work hours.
Safety-sensitive position – Identify which jobs fall into this category, especially if those employees are subject to random testing.
Prescription medication – Clarify that this refers to drugs legally prescribed to the employee and taken according to instructions.
Premises – Define this as any location where the employee is performing work, including job sites, company property, and vehicles.

Definitions should reflect how the employer applies the policy in real situations. If the terms are too vague or overly technical, they may not hold up when enforcement is challenged.

Situations that Prompt Testing

The policy should explain the situations that may lead to a drug or alcohol test. Each category serves a different purpose and may involve separate rules under federal or state law. Each type of testing serves a different purpose and may be subject to separate legal standards depending on the role or industry.

Pre-Employment Testing

Company policy should explain whether the employer requires drug or alcohol testing during the hiring process. If testing is part of the process, it should take place only after a conditional offer is made, and all candidates offered the same position should be tested under the same conditions to avoid claims of unfair treatment. The policy should also state that the employer reserves the right to rescind the offer or discontinue the hiring process if the applicant refuses to test or receives a positive result.

Reasonable Suspicion Testing

Employers are allowed to require testing when there is a specific reason to believe an employee is under the influence while at work. Common indicators include slurred speech, unsteady movement, confusion, or the smell of alcohol or marijuana at the job site. Employers are not legally permitted to require a drug test based on conduct that takes place outside of work.

The policy should identify who is responsible for deciding whether there is reasonable suspicion to require an employee to take a drug or alcohol test. In most cases, that role is assigned to a trained supervisor. Naming that person in the policy helps the employer show that the decision to test was made by someone qualified to assess the situation, and not from an untrained manager acting on a hunch.

Post-Accident Testing

Employers are legally allowed to require drug or alcohol testing after a workplace accident, and many include this type of testing in their written policy. It's often used to evaluate whether substance use may have played a role in an injury or a safety-related incident.

Defining When Post-Accident Testing Applies

A good drug and alcohol policy explains what qualifies as an accident and what types of events may trigger testing. Many employers define accidents as situations that require medical treatment, result in equipment damage, or incidents stemming from the violation of a safety rule.

Compliance Limits on Post-Accident Testing

Federal rules limit when employers are allowed to test employees following workplace accidents. For example, the Department of Transportation only permits employers to administer tests in specific situations, such as when a workplace accident involves a fatality, results in off-site medical treatment, or leads to a citation after vehicle damage. OSHA also advises against blanket testing policies that might discourage employees from reporting injuries. To stay compliant, employers should require post-accident testing only when the circumstances meet federal guidelines or there is a clear reason to suspect substance use.

The policy should also address whether a failed test affects eligibility for workers’ compensation or unemployment benefits.

Return-to-Duty and Follow-Up Testing

Employers may require drug or alcohol testing for employees returning to work after a drug or alcohol policy violation, a positive test, or completion of a treatment program. If the employer requires return-to-duty testing, the policy should make that clear and state whether it applies to all employees or only to those in safety-sensitive positions.

Some policies also include follow-up testing after the employee has resumed working. Follow-up tests are unannounced and scheduled over a defined period of time. The policy should identify who sets the testing schedule, how long the testing period will last, and how many tests may be required.

Periodic Testing

In some industries, employers include periodic testing to meet requirements tied to medical clearance, license renewals, or safety certifications. Sometimes employers also conduct periodic testing to meet requirements written into client contracts or government project terms. If an employer subjects employees to periodic testing, the company’s drug and alcohol policy should explain which positions are included and how often testing occurs. Employers should also review whether state law limits the use of recurring testing, particularly in roles that are not covered by regulation or contract.

Random Testing

Some employers include random testing as part of their drug and alcohol policy, especially for employees who operate vehicles or machinery, work high off the ground, handle hazardous materials, or are generally responsible for the safety of others. Random tests are unannounced and scheduled at unpredictable intervals using a method that does not target any individual.

The policy should explain whether the employer conducts random testing and which roles are included in the testing pool. It should also specify that anyone in the pool may be selected at any time. Most employers use a third-party service or a computer-generated system to make selections.

Before implementing random testing, employers should review state-specific restrictions, especially when the employee being tested is not in a role defined by law as safety-sensitive.

Federal and State Laws That Shape Your Policy

Federal Requirements

Several federal laws affect how employers implement and enforce workplace drug and alcohol testing policies. Some laws apply only to specific roles, while others place limits on how testing is used and how results are handled, generally.

DOT testing rules apply to employees who operate commercial motor vehicles that require a commercial driver’s license. Employers with workers in these positions are required to conduct drug and alcohol testing at specific times, including randomly and after qualifying accidents.

The ADA prohibits employers from using drug testing to gather medical information unrelated to illegal drug use. If a test reveals that an employee is taking prescription medication prescribed by a healthcare provider, employers need to keep that information confidential and store it separately from personnel files.

Title VII prohibits employers from applying drug and alcohol testing policies in ways that target employees based on race, sex, religion, or other protected characteristics. Employers who use selective testing or enforce policies unevenly run the risk of employees filing discrimination claims.

Employers who use a third-party agency to conduct drug or alcohol testing may be subject to the Fair Credit Reporting Act. When the employer relies on test results provided by that agency as a basis for denying employment, the law requires advance written notice, written authorization from the applicant, and an opportunity for the applicant to review and respond to the results before the employer makes a final decision.

State-Specific Rules and Marijuana Laws

Many states require employers to take specific steps before conducting drug or alcohol testing, and those requirements often need to be reflected in the written policy. For example, many states mandate employers to provide employees with written notice before conducting a test, while others require employers to give a copy of the policy to each employee or specify what types of situations justify testing. In some states, employers are only allowed to test when the employee works in a safety-sensitive role or there is a clear reason to suspect impairment.

Marijuana laws add another layer of consideration for employers drafting drug and alcohol policies. In some states, employers cannot take action against an employee based solely on a positive marijuana test unless there is evidence of on-duty impairment. In a few states, additional restrictions apply when the employee holds a valid medical marijuana card or uses marijuana outside of work in compliance with state law.

Conn Maciel Carey

If you need help reviewing your company’s drug and alcohol policy or legal guidance on how to implement the strategies and language outlined in this post, call the national labor & employment group of Conn Maciel Carey LLP at (202) 715-6244.

This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.