Drug testing in the workplace is a common practice across the U.S., but the laws and regulations surrounding it can vary from state to state. When it comes to Texas, employers have certain rights and responsibilities regarding drug testing their employees.
Here are several specifics you need to know.
Public vs. private employers
Private and public employers face different regulations for drug testing. Private employers have more flexibility, generally being able to conduct random drug tests without specific restrictions. However, they must have clear, written policies and apply them consistently.
Public employers, on the other hand, face more limitations due to constitutional protections for government employees. Typically, they need to have a compelling reason for testing. Otherwise, drug testing employees may count as unreasonable search and seizure.
Employers must have a written policy
Private employers generally have few limitations on what drug and alcohol testing policies they want to adopt. A basic drug testing policy might include:
- Reasons for implementing the policy
- Which employees are subject to testing and under what circumstances, e.g., pre-employment, random, post-accident or for cause
- Prohibited drugs and other substances
- Consequences if an employee tests positive
Like any other workplace policy, you must give all employees a written copy of your drug policy. Employees need to sign a written acknowledgment that they have received their copy.
General guidelines for random drug tests
Texas law allows private employers to conduct random drug tests on their employees. However, you must follow certain guidelines to avoid legal trouble. These include but are not limited to:
- Using a scientifically valid method to ensure the selection process is truly random and unbiased
- Applying the policy uniformly across all eligible employees to avoid discrimination claims
- Determining how often random tests will be conducted and sticking to this schedule
- Keeping the selection process and test results confidential to protect employee privacy
- Using accredited testing facilities to ensure accurate results
- Maintaining proper documentation throughout the testing process
If an employee fails a random drug test, it will likely be a valid cause for termination. Some companies may allow employees to return to work under probation, but this is not legally required.
A well-written drug policy is always a must
All employers need to create a drug-free workplace, and one way to achieve that is through a good, fair and consistent drug policy. From random drug testing to pre-employment tests, you have the freedom to design a policy that will work best for your business.
Nevertheless, it’s crucial to make sure your rules follow the law. That said, consider talking to an employment law attorney who can help you create a fair policy and find the best ways to uphold it.