Federal Drug Testing Laws

by | Jul 21, 2021 | 0 comments

Job applicants or employees in positions such as airline pilots, bus drivers, railroad employees, taxi drivers, and truck drivers are regulated by the Department of Transportation and must comply with federal laws, which require applicants to take and pass a pre-employment urine test. If a person in one of these positions is ever in an accident on the job, they will also be required to take a post-accident drug test.

The Department of Defense (DOD) created drug testing laws for contractors who work in positions responsible for national security, Drug-Free Workplace, 42 Code of Federal Regulations (CFR) 223.5. To comply with the rules, every DOD contractor who has any type of security clearance or access to classified information must have a drug-free workplace policy that includes:

  • An employee assistance plan (EAP) that coordinates with local resources such as a drug rehab facility
  • A stipulation that an employee can self-refer and that supervisors also can refer for drug abuse treatment
  • Training for supervisors to help them understand how to detect and respond to illegal drug use
  • A formal and supervised employee drug testing policy

DOD rules also require contractors to confirm that drug testing policies are in compliance with applicable state’s laws and also ensure that all labor unions have agreed to the policies.

With a few exceptions (e.g., companies that are awarded federal contracts), private businesses aren’t mandated to test job applicants who make it to the hiring stage, but many do because they receive a discount on their Workers’ Compensation Insurance.

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