Question: How do you handle a situation where one or two employees have been suspected of drug abuse but no one has ever actually seen them in the act? Syringes were found in the warehouse, but there was dust on them indicating that they had been there a while. We have a drug policy, but we don't currently do random drug tests. I don't want to wrongfully accuse anyone, but I don't want this to just slip by either. Any suggestions?
Answer: Each state has its own laws governing employee/employer rights in the area of drug testing. Some states allow employers to test employees for drugs at will and without notice. Some are quite restrictive of the employer's right to test. Others have vague statutes or, in some cases, none at all. In any case, you should be as careful to treat all employees equally to avoid accusations of discrimination. If you do choose to test, cover yourself. An excellent example to follow is Arizona state law, which dictates that employers must give all employees a copy of the written drug policy before conducting tests, dictate the penalties of a positive drug test, and allow employees the opportunity to explain their test results.
In your particular case, however, you are dealing with a few dusty syringes found at your loading dock. It could be from an employee, but it also could be from someone else. Why not try the information approach first? Post a memo (or use any other means for communicating with all employees) informing them that syringes have been found, that it is a danger to all coworkers, and remind them that according to the company drug policy there is a zero-tolerance for these things. Simply putting people on notice is often enough to have the derelict employees correct their behavior out of fear of being caught.
Learn what you should do if certain employees are calling in sick too often in this article:
What to Do If Employees Are Taking Too Many Sick Days
