Omnibus Transportation Employee Testing Act of 1991

• Passing a drug and alcohol test is required before a transportation employee may work under the Omnibus Transportation Employee Testing Act of 1991. Employees in mass transit, aviation, railroads, trucking and other transportation industries are covered under this Act. The Department of Transportation publishes the rules and regulations on how to conduct these employee drug and alcohol screenings.
  
  

Drug-Free Workplace Act

• Running a company that receives federal contracts requires you to provide a drug-free work environment under the Drug-Free Workplace Act of 1988. Conducting drug tests on employees is not mandatory. Employees convicted of a drug crime in the workplace must be disciplined by the employer, and the incident must be reported to the contract or grant government agency. Refusing to provide a drug-free workplace warrants penalties like suspended payments from the contract or grant, termination of contracts or loss of all future contract and grant opportunities.
  
  

Non-Discriminatory Practices

• Employers must administer drug tests in a non-discriminatory manner. Test an employee at random or before offering him the job, but never conduct a test based on an employee's race, age, gender, national origin, religion, disability or any other personal characteristic protected under the Equal Employment Opportunity Act. Conducting a drug or alcohol test on an employee out of retaliation is also illegal and leads to lawsuits and other legal repercussions being taken against your company.
  
  

Types

• Blood (specimen), urine, hair or saliva are types of drug and alcohol testing you may conduct in your workplace. Ensure that qualified or professional individuals conduct your employee drug tests, such as outside physicians offices and laboratories. An employee's privacy may not be violated at any time of the drug testing. Typically urine and saliva tests are used more frequently because those tests are the least evasive. Disclosing the tests results to other employees, employers or non-administrative parties violates an employee's privacy.
  
  

Policy and Procedures

• Testing frequency, disciplinary actions and privacy rights should all be outlined in the company's handbook or policy manual. Make sure employees and applicants are aware of the drug and alcohol testing policy at your company before offering him the job. Request your employees to sign a document stating the policies and procedures have been read, and keep the document on file. Keep a record of what test was conducted, and when, the reason for the test, the test results and any disciplinary action taken.