No one wants to work with someone who is a safety hazard. Hiring personnel are responsible for bringing the most qualified people into their companies. Candidates undergo a comprehensive employment screening check to allow hiring managers to make informed decisions about the type of worker they are about to hire. Yet, one of the most important screening steps is often the most sensitive, the employment drug screening. The risk associated with hiring a person who abuses illegal substances is entirely too high to ever skip an employment drug screening.

When using this tool, human resources personnel have to be careful how they proceed. There are a number of laws governing drug testing along with union issues if applicable. Utilizing an effective program that follows the letter of the law is the best way to hire the perfect candidate.

Know Your Rights And The Laws Governing Employment Drug Screening

The 1988 Drug-Free Workplace Act governs many of the guidelines of the how's and when's of a drug testing program. Private companies typically have the right to test for illegal substances as a condition of hiring a new employee as well as periodic re-tests for current employees. Companies may also request a test if they suspect on the job substance abuse or after an on the job accident occurs. However, it is advisable to consult a lawyer to interpret federal and local laws related to testing to ensure the program can meet any legal challenges if any issues arise.

Federal guidelines and standards are set forth by the Substance Abuse and Mental Health Services Administration (SAMHSA), which is part of the U.S. Department of Health and Human Services. Tests actively check for amphetamines, opiates, cannabinoids, phencyclidine, and cocaine; the tests can even detect trace amounts from usage up to 30 days before the test.

No company should attempt to perform testing in-house. Certified laboratories are required for official results; the best way to implement a program would be to contract a service for collection and analysis. In this way, the results are properly certified and from a licensed provider.

The Public Sector

For government and public positions, the rules are not much different. Federal and local laws will specify which positions and agencies must check applicants for substance use. Here, it is mandated by law to use approved testing providers that follow all standard set forth by the Substance Abuse and Mental Health Services Administration.

Unions And The Employment Screening Check

The presence of unions within a company changes the procedure for establishing a drug testing policy somewhat. All union members must be informed of the intention to require drug testing and then the company must negotiate with the labor union. The specific terms and conditions will be established during the bargaining process and are then integrated into the drug testing program. Beyond that, the same laws and regulations still apply, but always make sure to reference the most recent bargaining agreement.