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Time to rethink our approach to workplace drug testing

The United States is undergoing a paradigm shift in the perception and regulation of drug use. While marijuana continues to be illegal at the federal level, its eventual legalization feels like a foregone conclusion as more states push forward with legislation. 

But it isn’t the only drug at the forefront of these conversations in the U.S. A winding down of the war on drugs, coupled with growing destabilization of recreational drug use, is creating an atmosphere where decades of drug regulation and criminalization are ripe for re-examination.

Where drug use was once perceived as a social and societal ill, its role is shifting to enter mainstream recreational, health and wellness spaces. Add into the mix a tight labor market, and it becomes essential for employers to also re-examine with the help of their advisers the role drug testing now plays.

Read more: Weed at work: How HR leaders should handle the legalization of marijuana

With the ubiquity of drug tests as a prerequisite for employment for decades, it is important to ask ourselves: exactly what purpose do they serve? An employer doesn’t want employees on certain substances to inadvertently harm themselves or others on the job. It is also reasonable to expect a certain level of professionalism in the workplace, even without customer interaction, so sobriety would be expected during working hours. 

While these expectations are reasonable, there is a critical flaw in their relation to drug tests that most often aren’t taken to determine if someone is currently sober. Rather, they are used to determine the length of sobriety. They also only assess sobriety of a particular kind, since the test does not apply to alcohol or prescribed medications. It is sobriety classified from a narrow set of substances that are generally considered to be less socially acceptable. 

So, what exactly do drug tests determine? Taking logical steps, it feels as though they are used to determine how socially acceptable a person’s recreational habits are, regardless of moral character or professionalism. Drug tests of this kind are naturally intrusive to our private lives, determining and judging us as employees for activities we engage in outside the workplace. 

If someone takes certain substances after work, then why should an employer assume it will impact their capabilities on the job? Alcohol use can damage one’s health and ability to function, but its high degree of social acceptability frees it from the moral stigma of other drugs. 

Read more: So long, happy hour? How workplace culture can better support employees fighting addiction

Nobody is testing for alcoholism at the workplace, and no one is judging someone for drinking on Friday night, so long as they arrive at work sober come Monday. 

Drug tests are implicitly a subjective, moral evaluation of our character. They apply a narrow scope of socially acceptable recreational activities, defined as good or bad by the employer. While this has long been accepted, shifting perceptions on drug use and the growing acceptance of their recreational and medical use casts doubt on the efficacy of drug tests.

When assessing the place of drug tests in society, one outlook is that drug tests fail to measure the current impairment of an employee. A regulatory body or employer should not be interested or concerned with the recreational activities of employees off the clock. The focus clearly needs to be on any actual impairment that might undermine worker safety. 

Under this scenario, drug tests would need to take place at the job site and not prior to hiring someone. These tests should be rapid enough to determine sobriety before work begins and accurate enough to assess the acuity of neurocognitive functions.

Additionally, these tests would need to account for a wide range of substances. Rather than making a moral assessment that categorizes some drugs as good and some as bad, these tests would need to be neutral in detecting any substance that might reasonably impair cognitive functions. Included in the mix could be prescribed medications, alcohol or recreational drugs that consider future adaption regarding any drug-related legislation. Such tests, as is their objective, would determine if an employee was fit to work but take no moral stance on the nature of the impairment itself. 

Read more: Policy, not punishment: How to approach drug testing in the workplace

Even if this hypothetical test were to exist, we would still have to ask ourselves how feasible its implementation would be. Taking a test every day before work would be costly for employers in terms of lost time and money spent. It also could impede workers’ right to privacy and even bodily autonomy.

There are additional factors to consider. Some effects like lack of sleep, which are imperceptible to a test, can still cause impairment. Sleep, whether less than recommended or barely enough, can impact cognitive functions in a manner similar to alcohol. And speaking of alcohol, a hangover also might impair function, even if it is no longer detected in a person’s bloodstream. 

Other factors might include someone’s mental state or general health condition. All of these can affect workplace function, and when appropriately assessed, the sheer number of variables that can negatively impact cognitive function is exceptionally high. So, we have to ask ourselves, at what point are we seeking greater control over workers rather than taking reasonable precautions for their safety?

What will the role of drug tests be in the future as American society continues to destigmatize the recreational and medicinal use of certain drugs? While the answer likely lies after years of debate and advancing technology, we can at least say what drug tests shouldn’t be. 

Read more: Is drug testing for marijuana a thing of the past?

Currently, drug tests reach into the past to make moral assessments of drug use outside of working hours and have zero predictive ability to discern future sobriety or workplace function. These tests make biased and incomplete assessments of the activities of employees in their free time rather than helping ensure workplace safety and professionalism. 

If we continue to employ tests in this way, we will continue to bar people from employment for no reason other than finding their personal recreational, medical, or wellness choices distasteful. So, as we re-evaluate the moralization of drug use in the U.S., we also must re-evaluate the current state of drug testing. 

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