Recruiting

Your Drug Policy and Marijuana Legalization

A number of states have various degrees of marijuana legalization. What does that mean for drug testing during hiring and other drug policy matters? Tim Thoelecke helps us find out.

By Tim Thoelecke

In fact, an estimated 23.9 million Americans currently use illicit drugs. Two-thirds of those are employed and may be working for you! Plus, there is a lot of noise out there when it comes to substance abuse and the workplace, and many businesses just aren’t sure what the best course of action for them is.

Smaller businesses (fewer than 500 employees) are the most vulnerable—often because they are less likely to test, making them likely to have more users. Of course smaller businesses also pay more for impaired workers in terms of the cost of workers’ compensation, time lost, inventory shrinkage, and accidents.

But it’s more than that. And, when work is performed poorly, there can be legal liabilities or dissatisfied customers. Lost time, money, and resources to fix errors have a bigger impact on a smaller company. That’s why it’s imperative to have an effective drug testing policy. A written drug policy should reflect the type of business you’re in.

Here is a very general breakdown with recommendations for each specific type of industry:

Trucking companies, towing companies, school bus drivers, movers—Companies whose employees have commercial driver’s licenses (CDLs) fall under the authority of the U.S. Department of Transportation (DOT). They are required by law to have a drug testing program. The DOT has several modes, but most fall under the Federal Motor Carrier Safety Administration (FMCSA).

Each year, 50% of employees must undergo random drug testing, and 10% must be randomly tested for alcohol. Some larger trucking companies have also added hair testing to the mandated DOT urine test and have improved safety by increasing detection of illicit drugs by a factor of 10 or more.

Cleaning services, pest control companies, auto parts suppliers—Companies with fleets of vehicles and employees who often work inside clients’ homes and businesses are at risk. Certainly an auto accident involving an impaired employee will cost the employer big, but there’s also the pilferage concern.

Drug habits are expensive. Do you really want a phone call about a missing laptop or necklace? For companies like this, preemployment drug tests, criminal background checks, and random drug testing are recommended.

Construction, contractors, plumbers, electricians, roofers, warehouse workers, fork lift operators, manufacturers—Safety is of utmost importance in these types of businesses, as those under the influence can harm not only themselves but also their coworkers. On-the-job injuries are the biggest concern when businesses consider a drug testing program.

That’s why with these types of businesses, it is recommended that they more or less model what the DOT requires of truck drivers, airline pilots, and rail employees: a program that includes preemployment, postaccident, reasonable suspicion, and random drug testing. If employees work inside people’s homes or businesses, a criminal background check is a good idea, too.

Restaurants, retail, and other businesses that handle cash—Drug testing helps reduce turnover, reduce pilferage, improve safety, and reduce workers’ comp premiums and claims. In fact, up to 80% of losses from theft and inventory shrinkage in the workplace come from substance-abusing employees, far more than shoplifters or burglars.

Restaurants are particularly vulnerable if they don’t have a drug testing program in place, as word spreads and the absence of a drug testing program tells abusers a company is a good place to hide. With safety less of an issue, a preemployment drug test and criminal background check will be enough for most employers.

Professional offices: attorneys, doctors, bankers, nurses, accountants—Many feel these are exempt. These folks don’t do drugs … or do they? In fact, many higher-income people in these types of professions abuse alcohol and often get addicted to prescription drugs and cocaine. Is usage less than in other professions? Probably! But a doctor who drinks on the job or a nurse who gets into the narcotics cabinet can do a lot of harm.

Likewise, a banker or accountant can cause serious damage to a business with a few errant spreadsheet entries or inappropriate use or disclosure of confidential client information. Certainly a criminal background check should be part of the onboarding process, but you might consider running one every year. It’s not likely an employee would report a DUI [driving under the influence] at work, and that might be important to know about. And, definitely, include drug testing.

Tomorrow, more from Tim Thoelecke. Plus, an introduction to BLR’s essential HR Playbook, Employee Retention and Satisfaction: How to Attract, Retain, and Engage the Best Talent at Your Organization.

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