Workplace Drug and Alcohol Testing: A Guide for Employers

Why Drug and Alcohol Testing Matters

A consistent, legally compliant workplace drug and alcohol testing program protects employees and employers. It maintains safety, reduces liability, and ensures compliance with federal and state laws. Safety-sensitive industries often require testing under U.S. Department of Transportation (DOT) or Occupational Safety and Health Administration (OSHA) regulations.

At WorkCare, we help employers develop cost-effective, compliant drug and alcohol testing programs that promote safety and trust. This guide covers what employers need to know — from policy creation and test types to legal considerations and emerging trends.

What Is Workplace Drug and Alcohol Testing?

Workplace testing identifies recent or current use of certain drugs or alcohol through approved methods. Employers use testing to deter misuse, prevent incidents, and meet regulatory obligations.

For federally regulated industries, testing is mandatory. Non-regulated employers implement programs to maintain productivity, safety, and reliability.

Source: [U.S. Department of Labor – Drug-Free Workplace Policy Builder]

When and Why Employers Conduct Drug Tests

Common Testing Scenarios

• Pre-employment
• Random
• Post-accident or reasonable suspicion
• Return-to-duty or follow-up

Each serves a different compliance and safety function. For example, post-accident testing helps verify whether substance use may be a contributing factor in an incident, and it provides documentation for OSHA-recordkeeping purposes [OSHA 29 CFR 1904.35].

Regulatory Triggers

• DOT: Requires testing for all safety-sensitive transportation workers [FMCSA Guidelines]
• OSHA: Allows post-incident drug testing, provided it is conducted for legitimate safety or compliance reasons and not used in a way that could deter employees from reporting workplace injuries or illnesses.
• State and local laws: May define additional employee rights and employer obligations [SAMHSA State Law Database]

Types of Drug Tests and What They Detect

Test Type	Detection Window	Common Use
Urine	1-3 days	Most common
Saliva	Up to 24 hours	Post-incident or random
Hair	Up to 90 days	Long-term history of use
Blood	Hours	Confirmation or medical evaluation
Breath Alcohol Test (BAT)	Minutes	On-site or DOT compliance

Common substances screened: Substances include amphetamines, cocaine, marijuana (THC), opiates, PCP, and extended panels for prescription or synthetic drugs, including fentanyl. Alcohol testing is increasingly paired with drug testing, especially for safety-sensitive roles.

Employers should review testing panels regularly to align with evolving regulations. This particularly applies to cannabis, which is legal in some states but remains prohibited under federal law. Source: [NCSL – State Medical Cannabis Laws].

How to Create a Workplace Drug Testing Policy

Step-by-Step Guide:

1. Identify the applicable regulations.
2. Define the purpose and scope.
3. Set the procedures and chain of custody.
4. Designate a Medical Review Officer (MRO) to verify and confirm test results.
5. Protect confidentiality and employee rights.
6. Communicate the policies and train supervisors.

Sample Policy Provisions:

• All employees and applicants are subject to testing.
• Refusal to test may result in disciplinary action.
• Testing applies to post-accident, reasonable suspicion, and random situations.
• Test results are handled confidentially in compliance with applicable laws.
• MRO reviews all positive or disputed results to ensure accuracy and fairness.

Reference: [SAMHSA – Workplace Guidelines]

Legal Considerations and Best Practices

• Non-discrimination: Apply policies consistently and fairly.
• Privacy: Securely store and limit access to test results.
• Reasonable suspicion: Train supervisors to document and act appropriately.
• Medical use: The Americans with Disabilities Act protects employees using prescribed medication for legitimate medical conditions. Reference: [EEOC – ADA Overview]
• Cannabis laws: Some states restrict actions based on off-duty use.

Emerging Trends to Consider

• Drug-Test Cheating: Adulteration and substitution attempts are growing. Employers should use certified labs with tamper-evident procedures and MRO oversight [WorkCare Blog – Drug Test Cheating].
• Marijuana Legalization: Off-duty, legal cannabis use in some states creates complexity. Federal law still prohibits use in safety-sensitive roles.
• Integration of Alcohol Testing: DOT and non-DOT alcohol testing (BAT) help prevent workplace incidents and support compliance.

FAQs About Workplace Drug Testing

Final Takeaway

A compliant, clearly communicated drug and alcohol testing program builds workplace safety and trust. Regular reviews, supervisor training, and professional oversight, including MRO involvement, ensure consistency.

WorkCare’s occupational health experts help employers develop, implement, and manage compliant workplace drug testing programs that reduce risk and strengthen culture.

Schedule a consultation to review your policy or start building a safer, compliant workplace today.

Read WorkCare’s Blog Series on Drug and Alcohol Testing

• Part 1: Why Workplace Drug and Alcohol Testing is Essential to Safety 
• Part 2: Why Employers Test for Drugs: Managing Risk, Safety, and Workforce Readiness 
• Part 3: Navigating the Marijuana Use Landscape to Support Safe Workplaces 
• Part 4: Workplace Alcohol Testing: What to Know, What to Do 
• Part 5: WorkCare’s Occupational Health Solutions for Safe, Drug-free Workplaces

References

• U.S. Department of Labor – Drug-Free Workplace Policy Builder
• FMCSA Guidelines
• OSHA Recordkeeping Standard 29 CFR 1904.35
• SAMHSA Workplace Guidelines
• NCSL – State Medical Cannabis Laws
• EEOC – ADA Overview