Masonry Magazine October 2006 Page. 32
DRUG TESTING
McCally stated the next step is to have a written drug policy in place that concurs with the laws in every jurisdiction and state in which the company does business.
GBC Concrete's Daniel added that many states have drug-testing statutes and recommended guidelines that outline what an employer can and cannot do. "It is important that employers determine what laws, if any, exist in the states where they conduct business to ensure that the testing rules and procedures established are in compliance with state regulations," he said.
McCally stated the next step is to have a written drug policy in place that concurs with the laws in every jurisdiction and state in which the company does business.
"The downside risk of a lawsuit and defending it is just too great not to have a written policy in place. Your policy is your shield," McCally said, adding that employees need to sign the policy, agreeing to its terms. "If it goes to court, that becomes exhibit number one."
A policy should clearly state terms for terminating employees who abuse drugs, he said. Some states don't allow random drug testing, but do permit testing for "reasonable suspicion of drug use. In that case, the policy needs to detail what covers reasonable suspicion, what actions the company will take, and an appeal process.
"You have to have a system set up to protect the employee's privacy," McCally said. "You have to have some way to appeal the test results and even have the right to refuse the test in the first place."
The written drug policy has additional benefits, Lang said. "The insurance company does look at Lang Masonry's drug policy, but more importantly, to bid most commercial projects today, in Ohio at least, you must have a policy in place," he stated. "We were also offered a 15 percent discount on our workers' compensation rate after becoming a drug-free workplace employer."
Brett Martin is a freelance writer located in Shakopee, Minn
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