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Question: We tested an employee today for reasonable suspicion. She told somebody at the company that she was using drugs, and they in turn told a supervisor. The employer then sent her in for a non-DOT drug test. Her rapid test result was negative. The adulteration strip showed no evidence of tampering, and the collector felt that every precaution to avoid tampering had been taken.
The company now insists the test must be wrong and want to hair test her. I have let them know that they can't do this, as hair is not an acceptable form of testing for the workplace. They are absolutely demanding that it be done.
I am correct in stating that I cannot perform this hair test knowing that it may be used illegally, right?
Answer: There are a number of concerns regarding this issue. First, hair testing IS acceptable for non-DOT workplace drug testing, unless your state has a specific law against such testing. Second, the employer needs to have a written drug and alcohol testing policy that outlines reasonable suspicion procedures. Also, supervisors should be trained in reasonable suspicion detection. Continuing to test the employee based on hearsay, can lead to major legal ramifications for the employer.
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Woman Blames Faulty Drug Test For Losing Job
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2004 Annual Conference Manual
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Non-Mandated Drug and Alcohol Testing Programs Workshop Manual
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