If an applicant or employee tests positive for drugs or alcohol, some state statutes allow for the employer to re-test that applicant or employee at the expense of the employee.

Reporting Testing Results

Under many state laws, an employer is required to exercise discretion in reporting positive test results. For instance, the law might provide that only those individuals who are on a need-to-know-basis should be told of the positive result. The result should not, obviously, be posted on the lunchroom bulletin board.

Legal Considerations When Establishing a Drug-Testing Policy

* Employers who plan on conducting drug testing should, before the first test is ordered, establish a written policy governing when the testing will take place and how it will be performed. Having this information in place may help resolve any questions that arise in the future as to whether a particular test should be conducted, or whether it was conducted properly.

* Employers should also establish what type of drugs will be tested for. For example, the employer may only wish to test for cocaine, or may also wish to test for opiates, amphetamines, and the other drugs for which testing is available.

* Employers should also develop a written policy concerning what will happen to an applicant who tests positive for drug use. This type of planning can alleviate future issues concerning how applicants with positive results are handled. For many employers, positive results may mean that those applicants will automatically not be hired. Other employers may wish to give applicants a second chance or may, if such applicants are hired, ask that they participate in employer-sponsored drug or alcohol counseling as a condition of their employment.