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Drug and Alcohol Issues

Out of all the internal policies, a drug and alcohol policy raises more debate than any other.  We can review your current policy or help you implement one.

Some of the many considerations for a company when debating the need or desire for a Drug and Alcohol policy include:

  • Should our business employ a drug and alcohol policy?
  • What type of testing should our drug and alcohol policy include?
  • Is a certain type of testing required by the nature of our business or the nature of the position?
  • Who should complete the drug and alcohol testing?
  • What are the ramifications for violation of our adopted drug and alcohol policy?

Drug and Alcohol Policies in the Workplace

Every policy, even the most basic, must include certain processes and requirements. For example, employers must be able to demonstrate competent and qualified testing procedures, along with the specimen chain of custody. Any omission or error in this process can compromise the test result and its support of an adverse employment decision, which, in turn, leads to costly litigation. In this way, “boilerplate” language, adapted from other policies or internet resources, can prove hazardous. An effective drug and alcohol policy must be tailored to your business and must extend beyond cookie-cutter language to ensure that all necessary components for affirmative legal defense exist.

Even this explanation of this particular policy is simplistic. We cannot emphasize enough the necessity for legal guidance and review of your drug and alcohol policy. At Devine Law Offices, our attorneys assist our clients in drafting, revising and implementing policies and procedures that provide for effective testing at appropriate points in the employment relationship. Whether the testing is conducted post-offer, randomly, post-accident, or following reasonable suspicion, there are distinct, but required, protocols that must be followed. Our work with our employer clients only begins with the development of a policy appropriate to your workforce.