Employers falling off drug testing bandwagon

HR and employment law, like fashion, can be somewhat faddish. For example, class actions were big, then they fizzled, and now they’re back.

A recent story indicates that the drug testing craze, which was spreading like wildfire in the mid-to-late ’80’s, when I began practicing employment law, is now starting to fizzle.

HR.BLR.com has the story, Employers Dropping Drug Tests, summarizing a longer piece from the Indianapolis Star, by Dana Knight (via Tucson Citizen),”Workplace: More firms tossing out drug tests“

Key stats:

The percentage of companies testing their workers and prospective employees for drug use has dropped from 81 percent in 1996 to 62 percent in 2004, according to a study by the American Management Association.

That’s after running up to that 1996 peak from a mere 22% in 1987, when my senior partner prophetically suggested that it would be in my best interest to become an expert on the law of drug testing (which I more or less did).

The second screen of the Star article has some useful, if fairly obvious, suggestions about drug testing programs and their pros and cons.

My thoughts?

I’d keep at least a preemployment screening program in place to keep out the very worst abusers. Particularly in smaller communities or industries, I think the word will definitely get out on which employers do not test and they will find themselves tending to attract a disproportionate number of substance abusers.

On the other hand, otherwise good employees can certainly get caught in drug testing. The solution to this dilemma is not to drop the drug testing program, but to provide a flexible response to violations, including assessment, treatment, and counseling, rather than immediate termination.

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