Drug Testing Policies

Private and public employers are well within their rights to test their employees for illicit substances as a condition of their employment.  The Law Offices of Kevin J. Dolley can help employers set up reasonable drug testing polices to ensure a drug-free workplace.

Typical Policies

Employers have wide latitude to test their employees for drugs, as long as the testing comports with the limitations set by the Fourth Amendment and due process.  The Fourth Amendment grants all individuals the right to privacy, and prevents unreasonable searches by the government.  For that reason public employers face many more issues than private employers when testing their employees. 

Typically, a drug testing policy will comprise of a pre-employment test where a negative drug result is required as a condition of employment.  Once an employee is employed, employers may also use random drug testing, as long as the selection process is truly random and not a pretense for targeted testing.  Additionally, employers may require a test when there is reasonable suspicion that an employee is using drugs, assuming the suspicion is paired with solid evidence of drug use.

A drug test may also be used if an employee injures themselves on the job to determine whether drug use was the cause or a contributing factor to the accident.  Upon return to the workplace after a leave of absence from injury or the like, employers may require employees to test negative for illicit substances before reinstating their employment.  Finally, upon being reinstated, employers may give a follow-up test at random to ensure that the employee remains drug-free.

Public Employee Drug Policy Compliance in Missouri

Under Missouri state law, any public employee who is convicted of a criminal offense involving the use of an illicit substance and pleads guilty or nolo contendere must complete a drug treatment program that is certified by the state.  If within six months of his employer becoming aware of the conviction he has not completed such a program, the employer must suspend his employment until he shows evidence of enrollment and continuing progress.  Once this requirement is fulfilled, the public employee can return to his former position.  If that position is no longer available, the employee can be places in a position with comparable status.  If the suspension lasts more than three months with no evidence of enrollment, the public employee will be dismissed.

Contact our Employment Law Firm

To set up a consultation, please contact the Law Offices of Kevin J. Dolley at (314) 645-4100 or email at kevin@dolleylaw.com.  All legal consultations are held strictly confidential.