6 things employers need to consider before conducting drug tests

Published 2 Min Read

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After the 2020 elections, the state of Oregon made history by becoming the first to decriminalize possession of hard drugs like heroin, methamphetamine, LSD and others. Using hard drugs in that state will no longer result in a criminal record, but are employers expected to change their drug testing or hiring policies?

Jared Rosenthal, the founder and CEO of Health Street — a New York City-based company that performs drug tests for employers — says employer-policies around drug testing will still be up to individual company discretion and local laws. Oregon-based companies, and those with employees living in the state, for example, are still within their rights to screen their workforce for illicit drugs. That’s unlikely to change even if more states and municipalities adopt similar legislation.

“Some places have laws about when you can test employees for drugs,” Rosenthal says. “In Nevada and New York City, for example, employers are not allowed to test potential employees for marijuana as part of a pre-employment test.”

“It’s not like testing for alcohol, where a breathalyzer can tell you if someone is sober or not at the present moment,” he says. “With drug tests, there’s no way to know if a positive result came because the employee was using while on the job, or at home in their off time. Since there’s no way to test for it on the job, employers have to decide which substances they don’t want employees using at all.”

Kayla Webster
Freelance writer

Kayla Webster is a freelance writer based in New York City.


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