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Does anyone do mandatory drug testing as a condition for employment? Do you have spot checks after the hire. I was just told that we MIGHT have a drug problem here and I need to know what we can do legally and otherwise to correct the problem. Obviously anyone that we can prove taking drugs esp. while on the clock will be long gone, but how do you go about proving it?

I would proceed very cautiously and with the advice/guidance of an experienced HR attorney.

If you're in a "right to work" state and you really perceive that your employee's activities are affecting you, you should be able to deal with the issue without being too specific.

For example: Washington is such a state. Your employees don't have to give notice before quitting. They can merely not show up, and you can't do anything but cut ties at that point. At the same time, you are not required to have work for an employee to do when they show up for their shift. They can be terminated at any time, and you're not required by law to give them a specific reason. Where some employers trip up is when they get too wordy about why they're letting an employee go. In some cases, that can open the door for a hungry attorney to go after you.

Overly specific employee manuals can be another source of problems... especially if you spell out all the ways an employee can be terminated. If it's in writing, but doesn't specifically cover the situation you're facing, you could have some trouble there, too.

I've seen application forms from some major chains, like McDonalds and Burger King... two companies that get a lot of entry level employees. While not required, they do go to the point of making a prospective employee confirm his recognition that neither side needs to give notice. The employee doesn't have to show up for work... and the employer doesn't have to let you clock on... effective at either side's whim.

Screwy, maybe... but that's how it works here.

[This message has been edited by rodeojack (edited July 26, 2005).]

You should be covered if you institute a policy of drug testing ALL employees. Where you get into trouble is when you hand-pick who you drug test. Provide them all with about a 30-day notice of impending random drug tests. Then test em all after that notice has expired. The ones that are worried will probably quit during that impending period anyways.

Why not have them take a Lie Detector Test. Someone comes in and administers the test and there you go. During the test you can ask them about drug usage then.

AS to 'Lie detector' tests, don't bother with them. They are not legal in almost any court due to their being highly innacuarte. You might as well just flip a coin. Sure, the promoters of these 'services' will proffer supposedly honest studies of how accurate and truthful their 'detectors' are, but in the end, the test is a matter of interpretation, and guestimates are NOT fact. The machine only detects changes in one's body, but what do those changes really mean? Remember, it is in the interests of those selling such tests to promote them since they make a profit from them, so whether or not truth is revealed is really immaterial to them; they just want the money, since they are not the ones to lose a job or go to jail. These charlatans prey upon the fears of honest businessmen looking for any way to keep themselves from being ripped-off by employees, who therefore grasp blindly at any hope of finding truth. Such desperation leads to tragedies for both sides, but only profit for those administering these morally and legally bankrupt tests.

In the Bible, God commanded that in a matter of law breaking, it was at the testimony of "two" [or more] that a matter was established, which demonstrated His higher standard of justice than man's. Who is so naive as to imagine that man can establish a higher standard?

Thanks for everyon's comments and help. We are still doing research and trying to decide the best way to handle this. We did find out that the state of Missouri requires everyone to take a test before being hired, but the law doesn't extend to private companies. And we have to get parental permission for anyone under 18. So, like everyone thing is takes time to get these things accomplished. I'm really hoping that once the word gets out, the guilty ones will just quit, as Mike suggested.