State Laws Dictate Drug Testing Policy Content

A well-written, comprehensive drug testing policy is the cornerstone of any successful program. A good policy accurately reflects a company’s drug testing objectives and clearly articulates prohibited behavior as well as the consequences for violations of the policy. It also describes who is subject to drug testing, under what circumstances testing will occur, and how it will be conducted. Some state laws require employers to have a written policy in place and mandate the content of that policy. Additionally, some states require employers to make the policy available to employees and job applicants. Not all states have drug testing laws and some that do, do not have specific policy content requirements. Employers are well advised to review the state laws that apply to them to ensure that their drug testing policies meet all applicable legal requirements. Even if a state’s drug testing law does not include a dedicated section on policy content, the law itself really dictates what should be included in a workplace drug testing policy. No company should conduct drug testing without a policy in place. It is imperative that a policy expert reviews a policy at least annually to ensure that it still reflects the company’s objectives and complies with all applicable state and federal laws.

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Post By Barry Nixon (262 Posts)

W. Barry Nixon is the COO, the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.

In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.

You can contact Barry at 1-949-770-5264 or online at