Can employers perform prescription drug tests?

study by NIDA shows that 52 million people over the age of 12 have used prescription drugs non-medically in their lifetime, and over 75 percent of world’s prescription drugs are consumed in the US alone. [caption id="attachment_4970" align="alignleft" width="300"] Source: Filckr – USC2000[/caption] Why consider prescription drug tests? Such a huge consumption of prescription medicines, albeit legal, tend to impact the productivity of workers and the overall safety of the workplace. Potential legal issues Performing prescription drug tests isn’t easy, though, with existing laws favoring employees. The Americans with Disabilities Act (ADA), for example, limits your power to question the drug use of employees, unless you can directly link the use of these drugs to compromised safety at the workplace. Additionally, the EEOC states that you can’t explicitly ask all of your employees to take a prescription drug test when it’s not job-related. You do, however, have the option to ask one or more employees to undergo a prescription drug test, provided you can prove that an employee’s use of prescription drugs is impairing his or her ability to perform. Keep in mind, too, that both the ADA and the EEOC protect employees’ privacy, which means that they have the choice to not disclose their medical history and prescription drug use. What can employers do? Legal issues surrounding prescription drugs put employers in a difficult position. They must strike a balance between following regulations and protecting the business. What’s worse – Quest Diagnostics’ 2013 Drug Testing Index shows that the positivity rate for amphetamines tripled from 1997 to 2013 and the use of oxycodone increased by 71 percent since 2005. If there was ever a need for a formal prescription drug testing process, it’s now. In fact, the National Safety Council has suggested all employers develop policies regarding prescription drug tests (though implementing them may not be easy). It’s tricky to navigate through this prescription drug test maze, we understand that. If you’re looking for help, get in touch with our team today.]]>