
There are many benefits to implementing a drug and alcohol testing policy and program for your company, including less workplace injuries, a safer work environment, and increased quality of work. An effective workplace drug and alcohol policy is effective and efficient for the company and its employees, and complies with state and federal law.
Under Iowa law, employers may provide for two types of drug and alcohol testing in their policy—reasonable suspicion testing and random testing. An employer may implement both or one of these testing options through clear and explicit language in a written policy. The policy must explain how and when testing will occur—including who will be subject to testing, when they will be tested, who will administer the test, record keeping protocol, and disciplinary measures that will occur after a positive test. If the employer conducts both drug and alcohol testing, they should be mindful about creating separate procedures that account for the differences in testing requirements.
An employer may reserve the right to conduct reasonable suspicion drug or alcohol testing. The suspicion must be drawn from specific facts that indicate drug or alcohol use while on the job and reasonable inferences drawn from those facts. Inferences may be drawn from individual experience or based on observable phenomena including physical symptoms of impairment, abnormal conduct or erratic behavior, or reports of alcohol or drug use by a reliable and credible source.
If the employer conducts unannounced testing, the policy must explicitly identify how the pool of employees to be tested will be identified. The pool may consist of the entire employee population at a particular work site or all employees at a particular work site who are in a pool of employees in a safety-sensitive position. It is important to clearly establish how the tested employees will be chosen from the entire pool of employees.
A drug and alcohol testing policy should set a time and place for testing to occur, and should describe the procedure for documenting test results and confirmation testing. Additional procedures must be included for on-site alcohol testing, including specifying testing devices, threshold blood alcohol levels, and qualifications and training for persons conducting the test.
A drug and alcohol testing policy must provide uniform expectations for disciplinary and rehabilitative actions. Employers may suspend, terminate, or require employees to complete employer-approved rehabilitation, treatment, or counseling as a result of a positive drug or alcohol test. If an employer has at least fifty employees, they must give certain employees the opportunity to participate in rehabilitation.
It is important for employers to set clear restrictions and procedures for drug and alcohol testing in a written policy. To determine if your drug and alcohol testing policy complies with state and federal law and protects your business and employees, contact us at (515) 288-5000 to discuss your policy with our firm.
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