QUESTION #4 

I suspect one of my employees of using drugs. Can I require the employee to take a drug test?

Before you test any employee for any reason, you should have a written policy in place that includes a drug testing provision that has been reviewed by an attorney for the reasons previously indicated. That provision should specify the reasons for which you may require a drug test. Reasons may include pre-employment, random, for cause (conduct-related), accident or injury, follow-up to treatment, or voluntary. Inherent in your question may be the presence of some "incident" involving the employee that gave rise to your suspicion of drug use. If your policy provides for drug testing following a determination by an appropriate company official that an employee's conduct or performance on the job met the criteria for the "for cause" or "accident or injury," you may be free to require a drug test.

Please consider that something other than "substance abuse" may have caused the performance or conduct problem that might not otherwise justify a drug test (e.g., a dizzy spell resulting from an untreated medical condition).

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