Important QuestionsÖImportant Answers

Our Company is looking into using on-site testing devices for certain situations.  Are these devices legal in all states?  Is on-site testing legal in all states?

Answer- No, onsite testing is effectively prohibited in several states. In most states on-site testing is guided by existing statute or regulation. Be sure your drug-testing provider assists your company in obtaining information regarding these important statutes and regulations.

Our Company has mostly smaller groups of employees spread out over several states. None of our employees are directly mandated to be testing under federal regulations. Do we have to follow any specific rules to conduct a basic company drug-screening program?

Answer- Yes. Several states, and even some individual cities, have statutes that affect both the circumstances under which testing is permitted and the tested procedures used. The STAT America database of drug testing laws will help your company to stay within the limits of the law when conducting drug screening of applicants or present employees.

A colleague recently suggested that our company might be able to reduce our workers compensation premiums by following certain guidelines when we conduct our company drug testing program, is this possible?

Answer- Yes. Several states have voluntary workers' compensation premium reduction laws. Be sure your drug-testing provider alerts you if one of the states in which your company operates is one of these states.

Our Company has some operations in California. One of my HR staff members has brought to my attention the California Confidentiality Medical Information Act. Neither my present nor any of my previous drug test providers ever brought this legislation to my attention. Can you tell me how this legislation might affect how we conduct drug screening in this state?

Answer- Among other things, a strict interpretation of this Act requires that the employer utilize an authorization form that contains no less than nine specific elements. STAT America has produced a sample authorization form that specifically addresses the requirements of this important piece of legislation. A free copy of this form is available to all STAT America clients through our client services division.

Our Company is just now starting to put together a drug testing policy for our applicants and employees.  The biggest concern we have is simply staying out of court. What can we do to achieve this goal?

Answer- Ironically, not having a drug screening program may well imperil your companies efforts to stay out of court much more than having one. Start with a well-conceived company policy and choose providers that place a strong emphasis on legal issues.