Drug Screening in Business: What you need to know
Corporate drug testing raises legitimate concerns about its reliability and potentially intrusive impact on employee privacy. At AMA (Ask Me Anything!) , we highlight the importance of taking preventative measures, including encouraging the use of self-tests before undergoing official screenings. Learn how these practices can enhance privacy and ensure more accurate results.
Is it legal to drug test employees?
Drug testing in the workplace is now authorized by law, a measure decided by the Council of State to counter the growth in the consumption of drugs and psychoactive substances. This device allows a hierarchical superior to carry out a saliva test for the immediate detection of narcotics, thus offering the possibility of instantly revealing any recent consumption of illicit substances. This approach is justified by the potential physical and moral danger that an employee under the influence of drugs can represent, not only for himself but also for his colleagues, both in the workplace and outside. Drug use, whether occasional or regular, increases the risk of work and road accidents, leading to a loss of professional ability and an inability to occupy the workplace. This drug test in a professional environment, although it is not considered a medical biology examination, can be carried out by any authorized person in the company, generally a hierarchical superior. Important to note, this practice does not require the intervention of a doctor, and authorized persons are bound by professional secrecy regarding the results obtained.
Reliability and Intrusiveness of Screenings:
Corporate drug testing can be prone to manipulation and interpretation errors, as well as being perceived as intrusive. In accordance with article L1121-1 of the Labor Code, it is imperative that these screenings respect the privacy of employees while remaining proportionate to safety reasons. At [Name of your online store], we emphasize the importance of protective guarantees to avoid any unjustified sanctions.
Choosing the Right Screening:
It is crucial for employers to select screening methods that respect the rights of employees. Using approved tests, such as the saliva tests available in our online store, offers a reliable and discreet solution. These tests limit the risk of interpretation errors and minimize intrusion while allowing individuals to carry out a preliminary self-test.
Self-test: First Step of Prevention:
Self-testing before official screening constitutes a crucial first step in preventing risks linked to the consumption of illicit substances. By becoming familiar with the process at home, individuals can detect any potential presence of narcotics, take appropriate action, and reduce the risk of error during business screenings.
Selection of Employees Subject to Screening:
To avoid unnecessary intrusion, only employees occupying positions involving significant dangers may be subject to drug testing. Collaboration with occupational health and staff representatives facilitates the identification of positions at risk. This targeted approach ensures that screening is carried out in a proportionate and justified manner.
Information and Confidentiality:
Clearly informing employees of their right to refuse screening is essential. At AMA (Ask Me Anything!) , we encourage transparency by providing complete information about the consequences of refusal and possible disciplinary sanctions in the event of a positive result. Confidentiality of results remains a priority, and it is recommended to carry out screenings in discreet locations.
Counter-Medical Expertise and Internal Regulations:
Allowing employees to request a second medical opinion at the expense of the employer constitutes an essential safeguard. At AMA (Ask Me Anything!) , we emphasize the importance of including all these guarantees in the company's internal regulations. This ensures consistent application of screening procedures and avoids any ambiguity in disputed situations.
When a drug test shows a positive result, it is essential to carry out a second opinion to confirm the possible presence of illicit substances. Companies have the freedom to choose their method, but it is imperative that this second expertise is carried out by an approved medical organization, such as an approved laboratory or a University Hospital Center (CHU). Two options are generally available to verify the reliability of the first positive drug test: a blood sample or a saliva sample. Saliva sending is emerging as the most convenient solution, where one simply collects a saliva sample and sends it to one of the approved laboratories. To facilitate this saliva sample, the second-expertise system must guarantee the stability of the different drugs ( heroin, morphine, crack, cocaine, amphetamine, ecstasy, ketamine , etc.) in the saliva for 30 days. This provides an ample window of time for in-depth analysis, with the exception of THC , the concentration of which will decrease by 25 to 30% after 7 days.
Employment Drug Test
When it comes to drug testing upon employment, the conditions are defined by the need for the employer to guarantee the physical and mental safety of its employees, in accordance with article L 4121-1 of the Labor Code . This responsibility extends to each employee from the start of their contract. In the context of high-risk or high-responsibility positions, such as drivers of dangerous equipment or machines, professionals in the military environment, etc., the employer has the right to ask its employees to submit to a test drug screening. It is crucial to emphasize that this screening, generally carried out by a saliva drug test upon hiring, must be in full compliance with the specificities and conditions set out in the company's internal regulations, thus ensuring transparent and fair application. of these security measures.
