While you can drug test an employee if you suspect they are impaired at work, it is not advisable to do so without having a compliant Drug and Alcohol (D&A) policy in place. A clear, well-documented policy ensures that all employees are aware of the rules surrounding drug and alcohol use in the workplace and the consequences of violating those rules. Without a policy, even if an employee tests positive for drugs or alcohol, you may face legal challenges when trying to take disciplinary action.
If you do decide to test an employee in the absence of a policy, you are still obligated under your duty of care to address potential safety risks. However, without a formal policy, you will not be able to dismiss the employee based solely on a positive test result. It is crucial to have a D&A policy that not only outlines when and how testing will be conducted but also the actions that will be taken if an employee fails a test. This protects both the employer and the employee by ensuring transparency and fairness in the process.
TruHealth Solutions can assist in developing a compliant D&A policy, ensuring that your business is legally protected and that all employees understand the procedures for drug testing.
