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Challenges in employee drug testing: the right to know versus the right to privacy

In an age of downsizing and increased competition in every business sector, it has become more important than ever for businesses to be as productive as possible and to attract and retain quality talent. For an employer, this means not only securing employees with valuable skill sets, but finding and retaining individuals who are mentally and physically able to work at peak levels.

In September 2008, the National Survey on Drug Use and Health (NSDUH), an organization sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA), released its 2007 survey results. Drug abuse in the workplace continues to be a serious issue. Of the estimated 17.4 million current illicit drug users, 13.1 million individuals in the United States -- or 75.3 percent -- were either full- or part-time employees.

A program including drug education and intervention in the workplace may seem like the perfect solution. However, tensions can arise when an employer attempts to determine whether there is drug abuse among employees. A balance needs to be struck to make sure an employee's right to privacy is protected.

To properly identify an employee with a drug abuse issue, an employer must first confirm that drug abuse exists. Often, that means watching for visible signs, such as slurred speech, an inability to concentrate or frequent absences. When these signs are apparent, the next step may be to ask the employee to take a drug test.

Drug testing generates a range of responses
Drug testing can be an effective way to confirm drug use and maintain a healthy work environment, particularly when it occurs during the pre-employment process. Drug testing can also create a potentially difficult or threatening situation when it occurs after employment, as some employees feel their trust and personal privacy were breached or employee rights were compromised.

While the majority of employees may realize drug testing is a positive measure and a way for the employer to create the best working environment, threatened employees may feel trapped and angry. They may potentially act out or threaten legal action.

John Chapman of Plymouth Meeting, Pennsylvania, is a Ceridian LifeWorks Substance Abuse case manager. He manages workplace-related substance abuse cases and often works with clients after a drug test indicates that an employee has been involved in drug use. The process usually begins with an in-person assessment with a licensed behavioral health professional. Then, the case manager facilitates the employee's participation in recommended services to address the specific needs of the employee. This includes connecting the employee with appropriate resources in the community and monitoring the employee's continued involvement in the recommended services.

"When employees test positive, they are upset at first, but many recognize that it's an opportunity to make a positive change," says Chapman. "It's important not to stereotype employees -- from CEOs to assembly line workers -- and recognize that sometimes employees cope with a difficult time in their lives by turning to drugs temporarily. It's in everyone's best interest -- the employee, the employer and the entire staff -- to conduct drug testing in accordance with company policy and get individuals the help they need."

Reducing negative outcomes requires education, consistency
Employers can use a number of effective methods in order to avoid negative outcomes.

"Be consistent in your actions when testing employees for drugs and be sure to emphasize the confidentiality of the testing process," says John Higgins, director of Talent Acquisition at Ceridian. "Additionally, regardless of the testing or circumstances - pre-employment, post-accident, follow-up or random testing -- drug testing should be framed as a normal, routine procedure."

A best-case scenario is for the employer to educate employees about drug use policies and procedures at the beginning of their employment. Providing employees with basic information about substance abuse reinforces an organization's policy and communicates that the organization cares. An education program and drug testing procedures that are in place can reduce serious problems in the future.

Ceridian LifeWorks offers a range of solutions
It's important to remember that alcohol and drug abuse are treatable and more options are available today than ever before when it comes to helping employees deal with these issues. Ceridian LifeWorks offers an employee assistance program (EAP) with online educational resources and a confidential, toll-free number to substance abuse case management. We can help employers win at business and employees win at life.