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Drug Testing Laws: Navigating Legalities and Compliance

February 16, 2024

Drug testing in the workplace has become more and more common over the past few decades. There are testing categories mandated state by state and by the Occupational Safety and Health Administration (OSHA) and the Department of Transportation (DOT). Here are some tips for navigating the legalities and compliance so your workplace and your employees are safe, efficient, and professional.

Categories of Workplace Drug Testing

Drug and alcohol testing in the workplace may be a prerequisite for employment. This urine, blood, hair, or saliva sample testing may be done one time only, or it may be recurring at clearly defined intervals depending on the circumstances surrounding:

  • A workplace incident involving serious bodily injury or fatality
  • Reasonable suspicion that an employee is under the influence of a prohibited substance, such as opiates or heroin
  • Employee job classification in accordance with state and federal laws

Employee Rights Regarding Drug and Alcohol Testing

Although employees may be required by law to undergo one time, random, yearly, or other kinds of drug and alcohol testing as a condition for employment, know that you do have certain legal rights codified and protected by law. For instance, you have the right to:

  • Clarity and transparency as to why you are being drug and alcohol tested
  • Privacy regarding your test results
  • Challenge the results of your test (for instance, you may take prescription medications which could skew your test outcome when the proper documentation is provided)
  • Fair treatment during the testing process regardless of gender, race, ethnicity, or other personal attributes

Other Reasons for Mandated Drug and Alcohol Testing

Drug and alcohol testing benefits both employees and employers alike. Employees are assured of personal safety on the job and an increased level of task efficiency and professionalism when workers are routinely tested. Employers enjoy lower rates of on-the-job accidents and lower liability insurance premiums.

Testing also provides a level of risk mitigation for potentially dangerous jobs, such as heavy construction. The Department of Transportation (DOT) regulations are strictly enforced for people employed in the airline industry, those who hold commercial driver’s licenses, (CDLs), pipeline and hazardous materials workers, railroad operators and dispatchers and new members of the United States Coast Guard.

Risk for damage to people and property is largely avoided or limited with drug and alcohol testing in certain occupations and work environments. This includes federal contractors and safety and security sensitive occupations, such as the Federal Bureau of Investigations (FBI).

Finally, workplace drug and alcohol testing actually help employees who are struggling with addictions. Testing increases awareness of drug and alcohol issues in the work environment and also makes people with abuse issues accountable for their actions and more likely to pursue sobriety and safe work practices.

Exceptions for Drug and Alcohol Testing

The Code of Federal Regulations, Schedules of Controlled Substances outlines certain medical conditions in which exceptions to prohibited drugs, such as opiates, may be made for Department of Transportation operators. The prescriber must be knowledgeable about the worker’s assigned tasks and that the drug prescribed will not adversely impact the ability to drive a commercial motor vehicle.

Drug and Alcohol Testing in Grand Junction, CO

At Work Partners Occupational Health, our professional team offers workplace drug and alcohol testing by appointment Monday through Friday, 8 am to 5 pm. We also have 24/7 testing availability after a workplace accident or for reasonable suspicion of alcohol or drug usage on the job.

Our drug and alcohol processes are 100% confidential and secure, and our test results are thoroughly accurate. Using our state-of-the-art eScreen platform, we perform urine and blood tests for both the Department of Transportation and for non-DOT employers. We are also a FormFOX (electronic custody) and DISA (Defense Information Services Agency) collection site.

Contact us today at (970) 241-5585 to learn more about our other services such as employment physical examinations, Worker’s Compensation evaluations, physical therapy, chiropractic services, preventive health services and more. We serve both employers and employees throughout the Western Slope region of Colorado.

We look forward to hearing from you!

Filed Under: Drug Testing Tagged With: DOT Physical for drivers, DOT Physical near me, Drug and Alcohol Testing, Drug Testing Grand Junction CO, Drug Testing near me, WorkPartners Occupational Health

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WorkPartners Occupational Health provides convenient and effective healthcare services for employees such as Workers’ Compensation, Drug & Alcohol Testing, Pre-Employment Physicals, Physical Therapy, Chiropractic Services, and Preventive Health Services.

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