Did you know that our state’s constitution affords all of us, including your employees, numerous privacy rights? This right to privacy comes into play in many employment areas, including drug and alcohol testing.
The privacy expectation is typically lower for applicants than employees. Recent court rulings on reasonable suspicion are leading to employers conducting individualized assessments (rather than blanket policies such as anyone that gets into an accident while driving for work) to determine reasonable suspicion before drug or alcohol testing.
If you plan to drug test, first determine the true reason why, develop a solid policy and consistently implement it. Be sure to communicate your policy in respective job announcements, employment application, handbook and policies, and procedures manuals. Providing thorough communication to employees will lower their expectation of privacy.
Sierra HR Partners is available to answer any questions and assist in developing sound policies and practices that protect your business while respecting privacy rights.
