Pre-employment substance abuse testing is a common practice among employers in the United States. It involves testing job applicants for the presence of drugs or alcohol (alcohol is considered a substance versus a drug) in their system. While some employers view drug testing as an effective way to ensure a safe and productive workplace, others do not believe the benefits outweigh the costs. In this article, we will explore the pros and cons of pre-employment drug testing, focusing on Pennsylvania law, and also consider other jurisdictions within the US.
Pros of Pre-Employment Drug Testing
- Safety: One of the main reasons employers conduct drug testing is to ensure a safe workplace. Drug use can impair an individual’s judgment, reaction time, and coordination, putting themselves and others at risk of injury or accidents. Employers can identify and eliminate potential safety hazards by screening job applicants for drug use. Often, perpetual drug abusers will avoid applying for jobs when it is known that drug testing is performed. This saves the employer time and expense of considering applicants that ultimately do not fit the safety requirements within the organization.
- Productivity: Drug testing can also lead to increased productivity. Employees who use drugs or alcohol are likelier to have attendance problems, be less productive, and make more mistakes. By screening out drug users during the hiring process, employers can reduce the likelihood of these issues arising.
- Cost Reduction: Implementing a drug testing policy with a post-accident drug testing component can lower workers’ compensation insurance costs over time. The workers’ compensation insurance will not pay for the employee’s injuries if they test positive for drug usage following a workplace accident.
- Legal compliance: Some industries are required by law to conduct drug testing, such as those regulated by the Department of Transportation (DOT). By conducting pre-employment drug tests, employers can ensure compliance with these regulations.
Other Considerations & Potential Cons of Pre-Employment Drug Testing
- Drug testing and privacy: While some may argue that drug testing is an invasion, there is no personal or private information provided to the employer when conducted by a third-party drug testing clinic. Hair-based drug testing or requiring a blood sample are more invasive forms of drug testing. Drug testing can be perceived as a privacy invasion, for instance, if it becomes known that the subject has or had cancer due to using an ostomy pouching system to provide urine. Generally, this information remains confidential between the drug clinic and the subject and is not reported to the employer in compliance with the Americans with Disabilities Act.
- Adulteration: Drug testing is less effective when the applicant finds workarounds to adulterate the sample or use someone else’s urine to obtain a negative test result.
- Cost: Drug testing can be expensive, particularly for small businesses. The cost of drug testing can add up quickly, particularly if it is required for all job applicants. This cost however should be weighed against the expense of potential workplace accidents, more expensive workers compensation insurance, attendance issues and higher turnover.
Pennsylvania Law and Pre-Employment Drug Testing
In Pennsylvania, employers are allowed to conduct drug testing for pre-employment, post-accident, random, reasonable suspicion, and return-to-duty testing, provided a drug testing policy is in place.
Without a drug testing policy, employers can only conduct pre-employment drug testing. Employers would be restricted, however, from conducting other forms of drug testing like post-accident or reasonable suspicion. Delete – However; restrictions exist on when and how testing can be performed. For example, drug testing cannot be conducted randomly or without cause, and a licensed laboratory must complete it. Employers must also notify job applicants of their drug testing policy and the consequences of a positive test result.
Other Jurisdictions and Pre-Employment Drug Testing
Other states have their own laws regarding pre-employment drug testing. In some states, such as California, drug testing is only allowed under specific circumstances, such as when a job involves safety-sensitive duties. Other states, such as Florida, have no restrictions on pre-employment drug testing.
The Bottom Line
If you are an employer needing assistance with pre-employment drug testing or other HR-related services, consider First Contact HR. Their team of experienced professionals can help you navigate the complex world of HR and ensure compliance with state and federal laws. Contact them today at www.firstcontacthr.com to learn more.