By Sharon Bottcher, Director of Policy Services
Can a Multistate Company Create a Corporate Policy for all Locations?
This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
The first step in the development process of a written policy is for the company to identify and outline their testing program goals and objectives. This includes the company’s philosophy and specific testing needs. Based on the program details gathered, a company policy is designed to include the relevant information in writing to articulate any prohibited behavior and applicable consequences for policy violations. This policy will serve as a summary of the company’s drug free workplace program and is considered the “core” policy or “base” policy.
Multistate Policies Complicate Things
When it comes to companies that operate in multiple states, further considerations need to be evaluated to determine the state drug testing laws of each state in which business is performed. Each state has its own unique regulations, and these can significantly impact how a company should manage their drug testing program. Therefore, if a company operates in multiple states, each state will need to be reviewed to pinpoint which states have testing requirements, applicable testing requirements, and how they affect your testing program.
Can a Multistate Company Create a “Blanket” Policy?
So, can a multistate company create a policy for all locations? As an old saying goes, never say never. It is possible for a company in multiple states to develop a policy that will be compliant for several states. It is unlikely, but it is not impossible. For example, if a company is only interested in meeting the testing requirements in states that have statutory requirements that a company must follow based on state drug testing laws, there are less than 12 states that fall within this category.
Typically, the use of one single policy for multistate employers is an exception as it is highly unlikely that a company operate only in states with no mandatory testing laws. Additionally, most companies also opt to comply with any applicable voluntary laws that may allow a company to deny or reduce unemployment and/or workers’ compensation claims to individuals that violated the testing policy. Compliance with these voluntary laws significantly reduces the possibility of using a single policy.
So, What Does This Mean?
What does this mean to a multistate company? Upon careful review of the program details in the core policy and state law(s), a company will need to include language in the policy materials that outline each state requirement that differs from the “core” policy. This could consist of state specific policies or creating state specific addenda that are attached to the policy. The addenda will change the original policy conditions, either to include or exclude coverage, in order to comply with state laws. The addendum becomes part of the policy, and its function is to modify, clarify, or nullify a portion of the core policy for a specific state without having to rewrite the policy in its entirety. Where a condition of the policy and addendum to the policy conflict, the conditions of the addendum controls. If state specific policies are developed, the requirements that differ will be included or excluded in each policy.
Employers in Multiple States: Beware!
If you’re an employer that operates in multiple states, here are some of the differences in state law requirements that may affect your program and policy:
- Restrictions or prohibitions on certain testing circumstances (reasonable cause, random, etc.).
- Allowable specimens (urine, hair, oral, etc.).
- Requirements to give a second chance for positive results.
- Training requirements.
- Notification of test results.
- Policy notifications.
- Drug and/or alcohol cut-off levels.
- Allowable drugs for testing.
- Instant testing restrictions/prohibitions.
- Disciplinary actions for marijuana.
The list of what employers need to know to stay compliant with their drug and alcohol testing policy seems nearly endless. State laws, federal regulations, workers’ compensation laws, unemployment laws, and discounts for voluntary laws – the list goes on. It’s clear that there are few universal rules that apply in the world of drug and alcohol testing.
Conclusion
The creation and maintenance of a compliant drug and alcohol testing policy is essential for employers hoping to maintain a safe and productive workplace in addition to protecting themselves against costly litigation. However, navigating the drug and alcohol testing world can often be confusing. Contrasting state laws and federal regulations, in addition to mandatory versus voluntary laws, make it hard to understand when, how, and why to test. There are many things that employers must consider when creating a policy, but one of the most important is how they can stay compliant with all applicable state laws in their workplace.
Is your company prepared to support the issues that accompany the various state drug testing requirements. CCG are experts in the drug testing industry, and we can help your company develop a policy and keep it current with the various drug testing requirements. Call us today at 954.944.0400 or email us at policy@currentconsultinggroup.com to learn more.
