If you receive federal funds, drug testing is required.
The Federal Drug-Free Workplace Act requires businesses with $100,000 or more in Federal contract are required to test all of their employees for drug use. This also applies to businesses that receive federal grants.
In accordance with the ADA, in order to test job applicants, you may be required to first offer employment.
If your business employs 15 or more people, it must follow the Americans With Disabilities Act, which makes it illegal for any employer to test a job applicant without first making a conditional offer of employment.
So, it’s OK to test applicants—but only the ones who have a contingent offer on the table.
For complete information on developing a drug free workplace policy the Federal government has developed an excellent guide to help with this process:
The following guide was prepared to help any business understand and formulate a drug free workplace program.
Drug-Free Workplace Policy Builder Developing a Policy Statement
Welcome to the Drug-Free Workplace Kit!
This Kit discusses:
What to do. to prepare the workplace, identify issues, and provide assistance to your employees
How to do it. to understand the legal requirements (that may apply to your workplace), build a team, assess your workplace, develop a policy, plan and implement a program, and evaluate the program
Additional information. on resources for workplace substance abuse prevention, including brochures, fact sheets, promotional materials, and links to other Web sites of interest
Browse around, and use what you can.
A drug-free workplace can be safer, healthier, and more productive. And it is within the reach of all!
The purpose of this Drug-Free Workplace Kit is to provide public and private workplaces, from small to large and from local to global, with credible, authoritative, evidence-based information, resources, and tools for producing and maintaining drug-free workplace policies and programs.
The Kit was assembled by the Division of Workplace Programs (DWP), in the Center for Substance Abuse Prevention, Substance Abuse and Mental Health Services Administration (often simply SAMHSA elsewhere in the Kit), U.S. Department of Health and Human Services.
DWP has unique and nationally important regulatory, knowledge development, and technical assistance roles and responsibilities for Federal and non-Federal workplaces, with respect to their drug-free workplace policies and programs.
For example, DWP is responsible for two principal activities mandated by Executive Order and Public Law: 1) oversight of the Federal Drug-Free Workplace Program, which aims to eliminate illicit drug use in the Federal workplace; and 2) oversight of the National Laboratory Certification Program, which certifies laboratories to conduct forensic drug testing for Federal agencies and federally regulated industries.
To help it meet these two responsibilities, DWP has developed a variety of resources and techniques for addressing substance abuse in workplaces, in part through the provision of primary substance abuse-prevention, early identification, and intervention services for adult and youthful employees, and for their families and communities.
DWP has assembled this Kit from the most promising methods, techniques, and approaches that have been and are being developed and supported by practitioners, researchers, and evaluators in the field, including those that are included in SAMHSA’s National Registry of Evidence-based Programs and Practices.
Throughout the Kit there are many citations that have been included for further reading.
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Disclaimer None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.
