NCJ Number
156357
Journal
Maryland Bar Journal Volume: 27 Issue: 6 Dated: (November-December 1994) Pages: 21-22,24-25
Date Published
1994
Length
4 pages
Annotation
In deciding whether to institute drug and alcohol testing of job applicants and employees, employers should be familiar with the legal issues and consider the benefits expected to be gained from testing, the cost of testing, the impact of testing, and how they will respond to a positive test result.
Abstract
The main reasons to adopt a testing program are the prevalence of drug abuse and the potential adverse consequences. Testing may be required by a governmental agency or by a customer. In adopting testing programs, Maryland employers must also be familiar with both Maryland law and the Americans with Disabilities Act. Pre-employment testing is the most prevalent form of testing. Employers must establish fair procedures to minimize the employer's exposure to claims for invasion of privacy, defamation, and discrimination. The collection of test specimens should be done by a facility with experience in the field. A positive test or refusal to take a test will generally lead to termination of employment. However, employers may decide to allow employees to return to work, usually requiring that the employee complete a rehabilitation program, have future random testing, or both. Many employers offer the opportunity only to employees who admit their problem and request help before being sent for a drug test or otherwise being caught by the employer. By carefully designing and implementing such a program, Maryland employers can improve workplace safety and productivity with minimal legal risks.