Drug Testing in the Workplace – Employers’ Rights and Responsibilities
Presented by Daniel C. Deacon, Emily Toler Scott, and Andrea O. Chavez
Employers striving to provide safe, compliant, and productive workplaces face no shortage of challenges when it comes to testing employees for potential drug use. The federal government is rescheduling marijuana and banning certain hemp products, state laws about marijuana and employees’ privacy continue to evolve, and opioid use remains prevalent. Drug testing employees is often prudent or even necessary, but it is anything but straightforward. Getting it wrong can lead to claims of retaliation, disability discrimination, breach of privacy, state law violations, and complaints to federal and/or state agencies.
Drug use in the workplace can also create safety and health risks to employees and customers. The Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) have different safety and health standards that may be implicated by testing employees, and the agencies often investigate retaliation complaints made by employees who are disciplined after positive tests. Employers need to understand their compliance obligations and how to use drug tests to promote safety. And if an accident occurs, a drug test can be a crucial tool during any investigation or enforcement action.
Participants in this webinar will learn:
- When and whether drug testing employees is permitted
- Tips for designing and administering a drug testing program
- How to minimize legal risks associated with drug tests
- How to navigate various state laws regarding recreational and/or medical marijuana
- OSHA and MSHA implications of drug testing
This program has been approved by SHRM for 1 hour of HR professional development credit.
This program has been approved for 1 (General)) recertification credit hour toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through the HR Certification Institute.
