Employment Screening | 4 Common Flaws Pt. 1
Employment Screening | According to the 2011 HireRight Employment Screening Benchmarking Report, 65 percent of respondents conduct pre-employment drug testing. While these employers are taking helpful steps towards creating a safer and more productive workplace, many may have made some common missteps in the development and management of their drug testing program.
An inadequate drug testing program could fail to detect individuals who abuse illegal drugs or other illegal substances. Such individuals can pose an increased risk of causing a workplace accident, which could result in costly litigation and reputation damage. And for organizations with state or federal contracts, employing an individual that abuses substances could pose compliance risks.
To help minimize these risks, employers should evaluate four components of their drug testing program.
1. Random Drug Testing
While random drug testing can be an effective tool at detecting drug abuse in the workplace, there are several risks that employers may face if their program is not developed and implemented properly.
For example, an ineffective random drug testing program could allow individuals to avoid detection, even when selected, due to the amount of notice given to the individual. To help mitigate this risk, employers should consider the amount of notice provided to complete the random drug test. If an employee is given advanced notice of the random drug test, then they may be able to take measures to evade detection. By limiting the time between the notice and testing, employers can help reduce the likelihood of employees being able to avoid detection.
Another risk that employers should consider is how individuals are selected in a random drug testing program. If an employee feels that they are being singled out too frequently for drug testing, they may make a claim of discrimination. Therefore, employers must develop a truly random selection process to help mitigate the risk of discrimination claims.
2. Legal Compliance
Drug testing laws and regulations vary by state, industry, federal contract status, and more, making the management of a drug testing program complex. It is critical that employers understand the myriad of laws and regulations that impact their drug testing program, or they could face compliance risks.
For example, employers should understand the drug screening regulations in the states in which they operate. Additionally, organizations that operate under a federal contract may be subject to even stricter requirements, including the need to ensure a drug-free workplace in accordance with the Drug Free Work Place Act of 1988. –Hireright