This is one of the most common questions or hesitations that we get from both employers and employees about drug testing.

Both sides of the issue are a little bit tricky, but the short answer is yes. Yes, an employer can require prescription medication disclosure, and, yes, employees must disclose medication if requested to do so by the employer. However, an employer can’t just require employees to disclose their prescriptions without having good reason to.

When is it appropriate to have a prescription medication disclosure in your workplace drug testing policy?

Unfortunately, there is no specific hard and fast rule for being allowed to mandate disclosure of prescription medications. The issue of privacy is very important in regards to protecting an employee’s rights. However, the issues of safety and liability beat out privacy in the case of safety-sensitive work. If there is a chance that the employee or others could be harmed due to impairment from a prescription drug, then employers are able to require prescription medication disclosure. As a general rule, employers must be able to prove that their request is job-related and consistent with business necessity.

Referencing current and past court cases related to prescription drug policies. The following seem to be good indicators that prescription drug policies should be enforced:

1. The employee is engaged in safety sensitive duties.
2. The drug in question may impact the employee’s ability to engage in safety-sensitive duties adversely.
3. The disclosure is only related to on-the-job drug use.
4. The information required to be disclosed is treated by the employer with the utmost discretion in order to safeguard the employee’s privacy.

If you have questions about getting started with drug testing for your own organization, please give us a call at 888-919-8378 or email us at mail@blueline-services.com. We’re more than happy to help!

The post Prescription Medication In The Workplace appeared first on Blueline.

Drug and alcohol testing policies are continually evolving and changing to reflect new state laws, federal regulations, or workplace attitudes. A regular review of your company’s current policy and procedures will help ensure that your company is on track to meet its goals and be legally compliant.

If your policy is no longer delivering value or helping you find employees that will execute your desired goals, it may be time to reevaluate.

Not sure if your policy could use updating?

Here are some indications that it could be time to update your policy:

Medical marijuana hasn’t been discussed

Although an employer is generally allowed to create their own drug testing policy including the right to a drug-free workplace, with changing laws surrounding both medical and recreational marijuana there may be some nuances you should be familiar with. Check out our article talking about testing for marijuana in the workplace today here and consult with your legal team about what guidelines you should follow.

No process is in place to monitor industry standards or changes

After spending so much time and consideration building your drug testing policy, you won’t need to review or update it for several years, right? Wrong! Most drug testing companies advise that you should review your policy at least once a year. Laws are ever-changing and this includes background screening and drug testing laws. Make sure that your policy is up-to-date with your specific state and industry’s standards.

You haven’t recently assessed your testing type or panel

We find that employers sometimes need to change their testing type or panel to best reflect changes within their company or improve their testing process. It’s a learning game and there isn’t necessarily a testing type or panel that is “best”; it depends on what options are most beneficial for your company.

Some examples of cause for change include:

-With the opioid epidemic, many employers have now updated their testing panel to include semi-synthetic opioids (hydrocodone, oxycodone, etc.) or other prescription medications.

-Some employers decide to change testing types to allow on-site testing which can help cut down on time spent for an employee to take a test.

-Other employers have had issues arise with certain drugs they hadn’t previously included in their testing panel which they then added. Or they’ve had a workplace accident occur due to drug use that has prompted them to add things to their testing program such as: reasonable suspicion training for their supervisors and post-accident testing.

At the beginning of this new year we would advise you to take some time reviewing your company’s current drug testing policy. If you have any questions about how adding or changing your current services could potentially benefit your company, please give us a call at the number above or reach out to our support team at mail@blueline-services.com.

The post Is It Time To Update Your Drug Testing Policy? appeared first on Blueline.