Author: Mark Levine, Weycer, Kaplan, Pulaski & Zuber, PC
When to Use This Policy
All employers should have a drug and alcohol testing policy for job applicants and employees. Employers involved in commercial vehicle operations should consider a more detailed policy and be aware of all current Department of Transportation regulations governing drug testing for commercial motor vehicle operators. Drug and alcohol testing constitutes a medical inquiry under the Americans with Disabilities Act. As a result, this policy may only be used after an employer extends an offer of employment to a prospective employee.
Below is a model policy that should be further tailored to fit the employer's specific needs