Pre-employement D&A testing

swynia

As I am researching D&A testing and how my company's policy is currently written, I'm curious about what other companies do with pre-employment D&A testing.

When I was first hired I had to take a D&A test and a physical. The policy has since changed that 'only safety-sensitive positions' are required to take the pre-employment D&A and physicals.

We have recently sent in a lot of employees in for resonable suspicion tests (some in the safety-sensitive positions, some not) and we are looking at a 50-50 rating for positive test results. Because of that we are looking to change the pre-employement policy for 'all new hire's' to take the D&A test, but only safety-sensitive positions to continue with a physical.

What would be the pro's / con's to moving to an 'all new hire's' policy? The person who had this position before me warned me to be careful on how I worded the language in the policy if I moved to the 'all new hire's' policy.

Please lend me your wisdom and insight!

Thanks!

LindaS

I think that NOT having ALL new hires pass a D & A test would result in possible issues of discrimination, etc.. We mandate all potential EEs, after they are given a job offer, pass a drug test and they are further required to take the test within 24 hours of the job offer. If possible, I get them in the same day.

I don't know where the person before you got the idea that there was a potential problem.

Open1

While I'm not sure this is wisdom, for what it's worth...

I have the same procedure as Linda S. If you do a background check, that should be completed before you do the "medical" part of your pre-employment conditions, i.e. the drug test (and physical, if appplicable). The background check can take a while, so that gives them time to "prepare" for the drug test.

WT

Depending on your state laws, you should be able to test new hires. There is a fine line here. Make sure the testing is post job offer. In other words, do not gather medical data on mere job applicants. Perhaps this is what the former HR person meant. The test then becomes a condition of employment rather than a part of the application process. Generally, employers are free to set conditions of employment.

pork1

SWYNIA: WE, TOO, REQUIRED PRE-EMPLOYMENT DRUG TESTING AS PART OF OUR ENROLLMENT PROCESS. It is the first thing the job offer when the process is accomplished in our main office. With our remote work sites they have to make an appointment with the local retained and designated physician's office. We test every new hire and usually have the results within a few minutes and before the ee can get back to our office. We are told by the lab that the preliminary screen of the lab procedures is either negative and we continue to march. If we are told that the test has to be sent out for confirmation, then we suspend the in processing until the final result is provided in writing. What normally happens, the ee knows his/her's was positive and will never return for the finished processing/enrollment. Alcohol testing in this phase would be a waste for the pre-employment time. I will pass alcohol testing everything by simply not having consumed alcohol over the last 8 hours.

Our system works for us and I highly recommend you pre-employment drug test. We only give physical examinations to Truck Drivers and the standards used are DOT, certified. We use this standard for all employees, thus keeping everything equal for Drug and Alcohol testing.

PORK

sonny

I am no expert and having (unfortunately) to learn more about drug testing than I ever wanted to know, but wanted to emphasize what WT said. Check your state law and maybe with your labor attorney. We used to test everyone. We now only test "safety sensative". This was based on advise from counsel d/t, I believe a case in this state wherein it was ruled an invasion of privacy (or something) in non safety positions to pre-employment test.

Leo

We do pre-employment drug testing on ALL applicants. The test must come back negative for us to make an offer of employement.We do post-hire random drug testing on ALL employees. Alcohol testing is only done on the "safety sensitive employees" post-hire as per the FMCSA unless there is reasonable suspicion.
As far as the DOT physicals, if an applicant does not have their CDL, we do not make them take their physical pre-offer.

E Wart

Please post your email and I will send you our policy. You can get these from a lot of sources. I think testing all for D&A for pre-employment/post offers is the way to go. However, we only do physicals for positions that require lifting, physical exertion,etc. (Not desk jobs. Waste of time and money. Never had one being turned down.)
We have had our drug policy in force for years. However, this week I learned that you can't test after accident in CT, which we have been doing. (You can for suspision and pre-employment) I talked with an attorney at the Dept. of Labor in CT, who was ever so nice and knowledgeable. They base this on a Fed court case (with Home Depot.) He was very surprised to learn that GA and TN actually have drug free workers' comp discount programs (handled by the state) that give you a 5-7% discount off w/c insurance if you have a drug free policy and test for post accident. You live and learn. E Wart

Leo

>However, this week I learned that you can't test
>after accident in CT, which we have been doing.
>(You can for suspision and pre-employment)E Wart

I'm an HR newbie, but that seems ludicrous. Especially if the employee receives more than just basic first aid.

LarryC

swynia, here is a site to go to for MN drug and alcoholtestinglaws: [url]http://www.house.leg.state.mn.us/hrd/pubs/dgaltest.pdf[/url]

We wrote our policy with the intent of D&A testing to the full extent of MN law. If you would like a copy, let me know.