Customizing a Drug and Alcohol Testing Policy

A client with employees in many different states needed an overhaul of its drug and alcohol testing policy.  The company had some employees covered by the federal Department of Transportation drug testing requirements.  Other employees were subject to testing to be determined solely by reference to the applicable state law.  We crafted a drug and alcohol testing policy that met the requirements of the federal law and the varying requirements of all the states, maximizing the employer’s flexibility and control.  We continue advising the employer on its implementation of the policy in specific circumstances.