Top Ten Mistakes Employers Make When Conducting Workplace Drug and Alcohol Testing

After many years advising employers about drug and alcohol testing, I have observed certain mistakes that are frequently made in the course of addressing these issues. Many of these errors could have been avoided through the preparation of a thorough drug arid alcohol testing policy that complies with applicable laws, as well as some training. Here, in no particular order, are the most common mistakes employers make when administering their drug and alcohol testing programs: 1. applying DOT requirements to non-DOT-regulated employees, 2. not realizing that state and local drug testing laws vary widely, 3. not having a written policy, 4. having a written policy that is vague, 5. applying inconsistent disciplinary consequences for positive test results, 6. failing to conduct reasonable suspicion tests immediately, 7. failing to follow through with reasonable suspicion testing after hearing the employee's excuse, 8. failing to train supervisors, 9. failing to recognize -- and define -- refusing to test, and 10. conducting overly broad post-accident or post-injury testing.