Drug Testing without a Policy

Ruby Tuesday

If a business (a bar in this case)has reasonable suspicion that one of the bartenders is using cocaine and possible dealing it out of the bar are they able to send the employee in for a drug test based on their suspicion even tho' they do not have a drug testing policy?

Thanks in advance for your help.

deniseE

I would have to say that you may not test him; however, you can concentrate on the behavior and if it falls within the definition of "unacceptable" or whatever is covered in your policy then discipline based upon that.

If this is an issue in your line of work...develop a policy now so that you can deal with these issues in the future.

Dealing in the bar could be dealt with via law enforcement, since your ee is in a public place...

Hatchetman

If you are in doubt about your ability to do a reasonable suspicion drug test because you don't have a policy, why not develop one?

The concept of a policy is to give notice to employees across the board of what is expected of them and the consequences for non-compliance. So, if your company has never expressed its policy of a drug free workplace, you should do that. Inherent in the policy is identification of why drug use impacts the employer and a procedure that would be followed for testing and under what conditions. In some states there may be issues of privacy rights that need to be addressed as well as ensuring the validity of any testing.

But for the immediate issue, what is the reasonable suspicion you have? Usually reaosnble suspicion relies on someone's observation of use, or other indicator such as unusual behavior that can be linked to drug use etc.?

If you blieve the individual is selling drugs, you may want to contact local law enforcement.