By: Judge Ruth B. Kraft, Esq.
Certain industries, such as security, commonly require negative drug test results as a prerequisite to employment. Bus and truck drivers who work in interstate commerce are also required to test negative pursuant to National Transportation Safety Board regulations. The question I would raise is the "nexus" or relationship between the test and the employment. As an employer, you can certainly make any reasonable rule you deem appropriate. However, to do so effectively, you must also have written policies which address subsequent testing (for cause or random) and the consequences of failing such tests. The first step is to discuss your concerns with an employment lawyer and to create a policy which fits your company's needs and clearly articulates the rules of the road.
Our firm regularly works with employers on policy development for drug testing, including forms for employees to execute authorizing a drug test, and policies addressing future right of the employer to drug test as a condition of employment. We also regularly work with clients determining whether drug testing is appropriate in specific circumstances.
For additional information on this topic, assistance with employee forms and policies, or for general employment concerns, contact Jennifer Kirschenbaum at Jennifer@Kirschenbaumesq.com or at (516) 747-6700 x. 302.