Building a legally-defensible workplace drug testing program in 8 steps. Applies to non-DOT employers; DOT-regulated employers must additionally comply with 49 CFR Part 40.
What you'll need
Supplies:
- Written drug-free workplace policy
- Employee handbook acknowledgment forms
- Drug testing supplies (cups, collection kits)
- Chain-of-custody forms
Tools:
- HR information system
- Relationship with SAMHSA-certified lab
- Medical Review Officer (MRO) contract
Step-by-step procedure
Step 1: Draft a written drug-free workplace policy
Define prohibited substances, testing situations (pre-employment, random, post-accident, reasonable suspicion, return-to-duty), consequences of positive results, and the employee assistance program (EAP) referral process. Have employment counsel review for state-law compliance.
Step 2: Get policy distributed and acknowledged
Provide the policy to all employees and require signed acknowledgment in their personnel file. Update employee handbook and offer letters to reference the policy.
Step 3: Choose your testing methodology
For most non-DOT employers: rapid 5-panel or 10-panel urine cups for screening, with lab-confirmation reflex on positives. For high-risk environments (construction, manufacturing): consider 12 or 16-panel including expanded opiates and synthetic substances.
Step 4: Select a SAMHSA-certified laboratory for confirmations
Contract with a HHS-certified laboratory for GC-MS or LC-MS/MS confirmation testing on presumptive positives. Pricing is typically $30-60 per confirmation.
Step 5: Engage a Medical Review Officer (MRO)
An MRO is a licensed physician who reviews lab-confirmed positives and interviews the donor to rule out legitimate medical explanations (prescriptions, etc.). MRO services typically cost $25-50 per verified positive.
Step 6: Train designated collectors and supervisors
Designate at least 2 trained collectors per facility. Train all supervisors on reasonable-suspicion recognition (DOT-style training is recommended even for non-DOT employers).
Step 7: Implement the testing schedule
Begin with pre-employment testing on all new hires. Add random testing with a documented random-selection process (a 25% annual selection rate is typical). Add post-accident and reasonable-suspicion protocols.
Step 8: Document everything and audit annually
Maintain chain-of-custody on every specimen. Track all test events in a secure HRIS. Audit your program annually for consistency in application — inconsistent enforcement is the #1 source of wrongful-termination claims.
Questions? Call 318-798-3306 or contact our team. Need supplies in bulk? Request a quote.
