Drug and Alcohol testing

KStater · March 2002

[font size="1" color="#FF0000"]LAST EDITED ON 03-27-02 AT 01:45PM (CST)[/font][p]I'm looking for feedback from you all about the validity of random drug testing policies. If not mandated by the Dept. of Transportation or some other industry-specific regulation, can a company include a random drug testing program in their standard Drug-Free Workplace policy without fear of crossing that "invasion of privacy" line? My opinion is no, the only thing you can do outside of a regulated random program is test for reasonable suspicion or after an accident as part of the worker's comp program. Is there a law or statute out there that I'm missing that supports the average employer conducting a random drug testing program? I look forward to your responses, and I appreciate your help!

John Vering MO · March 2002

As a general rule, a Missouri private employer can do random drug testing. A governmental employer can only random drug test in very limited cirumstances as to certain employees, if at all. I suggest you get advice from a labor and employment attorney before implementing a random drug testing program.
John Vering, 816-472-3114
Mo. Co-Editor

cbs · March 2002

Our company recently completed its drug and alcohol policy in Iowa with the assistance of an attorney, and we are allowed to make random tests if they are in fact random. To qualify as random a consultant is hired and names for testing are picked by a computer from employee names entered into the computer.

System · March 2002

I don't know which state you are located in, but I implemented a random drug test policy at a former employer (manufacturing plant) in Missouri with no problems. It was discussed with the employees 90 days prior to implementation and we had an EAP for those who asked for help prior to implementation. We brought the lab to our facility and used the guard shack to perform the random tests. The selection of the employees was done by a third party and the list came directly to me. Either me or one of my staff would walk out to the plant floor and let the employee know they were the "lucky one" and would walk with them to the guard shack. We never had a problem with the employee refusing to take the test, but we did have some positives. Our labor lawyer reviewed our policy and gave us the OK. This random testing became a part of our drug and alcohol policy. Good luck with whatever you decide to do.

jules2001 · March 2002

Our company also does random testing in Kansas with no problem. However, we do not use a third party to choose the names - it concerns me that perhaps we should, if this is how everyone else is doing it. I usually have a numbered list in front of me with names - in no particluar order, and a second employee, who cannot see the list, picks numbers - we then document with this list and signatures how the choosing was done. We do have a policy at our company, however, that if an employee comes to us before they test and they let us know that they will not pass, we send them to EAP, as opposed to termination.

KStater · March 2002

This feedback is really good. I'm in MO, and since some of you who have responded are in MO, it's interesting to hear that you are doing this. Those of you who had a labor law attorney review your random policy, was there any particular MO law or statute referenced that gives authority to do this? As I mentioned originally, I'm not talking about employees who might be regulated by FTA or some other testing program that already includes randoms. SO I'm looking for some defense to the "invasion of privacy" complaint an employee might make. Specifically, John Vering, what "general rule" are you referring to?

John Vering MO · March 2002

In Missouri, if you are a private non-union employer you can, as a general rule, do random drug testing of at-will employees. By general rule, I mean that you can do this testing unless there is a constitutional provision, statute or court case or contract that says you can't do random drug testing. I know of no such constitutional provision, statute or court cases that would prohibit such testing. Public employees are entitled to certain constitutional protections from random drug testing except in certain limited circustances (e.g., a policeman who carries a gun and works undercover to apprehend drug users). Some states by statute or court decisions limit drug testing. However, I strong advise any employer undertaking drug testing to get legal advice before embarking on drug testing, including random drug testing.
John Vering, 816-221-3420
Mo. co-editor

Drug and Alcohol testing

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