Substance Abuse Testing and Physicals

Yes, you should have a policy and you need to provide employees with consent forms and other documentation required by law.

That depends on your industry and the job. Where it is optional, it usually comes down to the personal beliefs of the owners. Some feel it is none of their business if employees use drugs outside of work; others feel that their workforce should be completely drug free. Regardless of belief, you should have a drug testing policy in place reserving the right to test employees, and your offer letters should state that the offer may be contingent upon successful completion of a test.

Yes, provided you have a policy in place that states you can. We recommend; however, that you avoid this alternative when possible. Often in cases of drug use, there are tangible performance issues that you can address, such as absenteeism, errors, lack of productivity, etc. that can be used as a basis to discipline and/or terminate an employee.