When and How Is Policy Communicated to Employees?

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It goes without saying that drug testing works best when implemented based on a clear, written policy that is communicated to all employees. Once the policy has been developed, the next step is to share the expectations of the testing program by communicating what is in the policy. 

Generally, most employers have a fair amount of flexibility on when and how to communicate the policy to employees, unless they are subject to certain federal regulations and/or certain state laws, in which case there are specific time frames and procedures that must be followed. Below are a few examples of states that require compliance with policy notifications. 

1. Maine has a mandatory law that requires an employer to provide notice to employees 30 days prior to implementation of a new program and 60 days for any changes to an existing program.
2. Oklahoma has a mandatory requirement to provide a 10-day notice prior to a new program or changes to an existing program.
3. Minnesota has a mandatory requirement to provide written notice to all affected employees, post it in a conspicuous location on company premises, and make it available for inspection during regular business hours.
4. Alabama has a voluntary law that requires a 60-day advance notice for new policies. Notice of the policy or changes to an existing policy must be posted in an appropriate and conspicuous location. In addition, applicants must also be advised.
5. Florida has voluntary law that requires a 60-day, one-time notice in writing.

While there are numerous other states with similar notification requirements, due to changes based on evolving laws, employers review each applicable state law to determine which, if any, specific notification requirements apply to them. 

Despite the fact that some states do not require an employer to provide notification to employees, it is a best practice, common courtesy, and provides the employer with a reduced risk by decreasing the employees’ expectation of privacy. At a minimum, employers that are implementing a program for the first time or have incorporated changes to the policy should provide employees with at least 30 days’ written notice that a drug testing program will be implemented or modified. In addition, employees should be given a copy of the actual drug testing policy and be required to sign an acknowledgment form that they read and received the policy. 

There are several ways of introducing the policy to employees and careful consideration must be taken based on federal and/or state laws to ensure all notification timeframes and procedures are met. There are some employers who implement formal training to introduce the policy and testing program. This may be the most effective means of communication. The policy and procedures are discussed in detail and there is an opportunity for clarification and questions. 

If you don’t have the luxury to provide the benefit of a formal training, another means of communication may perhaps include a written announcement in a letter format. The announcement may include the reason, the effective date, how to obtain a copy of the policy, and contact person if any questions regarding the policy should arise. This may also be a good opportunity to inform employees that it is their responsibility to seek assistance if help is needed and whether an Employee Assistance Program (EAP) is offered. And, of course, the policy materials should be incorporated into the new hire orientation process. 

ClearStar is ready to help guide employers. Contact us at [email protected].

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Current Consulting Group - Expert Drug Testing Industry Consultants

With 25 years in the industry, Current Consulting Group is uniquely qualified to meet its dual mission, which is to help employers comply with all applicable drug testing laws and regulations and to help employee screening providers increase revenue, improve profitability, and effectively promote their brand.

At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.