By the Current Consulting Group

A 2026 Policy Checklist: Is Your Workplace Drug Testing Policy Truly Up to Date?  

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As employers look ahead to 2026, keeping a workplace drug testing policy current is a compliance necessity. Changes in state laws that affect workplace drug testing, expanding marijuana protections, evolving testing methods, and shifting workforce dynamics mean that policies written even a year ago may already be outdated.

In fact, Current Consulting Group’s employer survey data consistently shows that keeping policies up to date is one of the biggest challenges employers face. An outdated policy can weaken program effectiveness, increase legal risk, and undermine workplace safety. The checklist below highlights the key areas employers should review now to ensure their 2026 drug testing policy remains compliant, defensible, and aligned with best practices.

1. Have You Reviewed Applicable State and Federal Laws?

Workplace drug testing laws continue to change rapidly, especially at the state level. Employers must ensure their policies reflect current requirements in every state where they operate.

Key questions to ask:

• Does your policy reflect current state drug testing statutes and marijuana laws?
• Have any new employee protections, notice requirements, or testing restrictions been enacted?
• For multi-state employers, are state-specific addenda included where required?

State laws vary widely, particularly regarding marijuana testing, adverse action procedures, and employee rights. A one-size-fits-all policy rarely holds up under scrutiny. Employers should review policy language anytime relevant law changes and conduct a full review at least annually.

2. Does Your Policy Clearly Define Testing Objectives?

A defensible policy starts with clearly stated objectives. Most employers test to promote workplace safety, protect property, reduce risk, and maintain productivity. Others may also seek workers’ compensation or unemployment insurance incentives available in certain states.

Your policy should clearly answer:

• Why does the company conduct drug testing?
• How concerns for safety factor into the company’s drug testing practices?
• How do testing practices align with the achievement of the company’s drug-free workplace goals?

Policies that fail to articulate objectives often apply testing inconsistently, which can create compliance and fairness issues.

3. Are Covered Employees Clearly Identified?

Policies should explicitly state who is subject to testing. Ambiguity in this area is a frequent source of disputes.

Confirm that your policy clearly addresses:

• Job applicants versus current employees
• Safety-sensitive positions
• Remote, temporary, seasonal, or contract workers
• DOT-regulated versus non-DOT roles, if applicable

Clarity helps ensure consistent enforcement and reduces claims of discrimination or unfair treatment.

Also remember that if you are testing both DOT and non-DOT covered employees, you must have a separate policy for both categories; you cannot combine the two into a single policy.

4. Does the Policy Reflect Current Testing Methods?

Testing technology continues to evolve. Many employers are expanding beyond traditional urine testing to include oral fluid or other methodologies, especially as regulatory acceptance grows.

Your policy should specify:

• Which specimen types are used (urine, oral fluid, etc.)
• Where collections occur (on-site, off-site, virtual/proctored where permitted)
• Which testing circumstances apply to each method

Before adopting any new testing method, employers must ensure the policy is updated to reflect those changes and complies with applicable state or federal rules.

5. Are Marijuana Provisions Current and Legally Defensible?

Marijuana remains one of the most complex policy areas. While many states have legalized marijuana in some form, legalization does not eliminate workplace drug testing rights or employer obligations.

Employers should confirm that their policy:

• Addresses marijuana testing explicitly
• Reflects applicable state protections or restrictions
• Clarifies impairment, on-duty use prohibitions, and safety-sensitive exceptions
• Outlines consequences consistently with state law

Failing to update marijuana language is one of the most common policy mistakes employers make nowadays.

6. Does the Policy Clearly Explain Prohibited Conduct and Consequences?

Employees should never be left guessing what behavior is prohibited or what happens if a policy is violated.

Your policy should clearly explain:

• Prohibited substances and behaviors
• On-duty and off-duty considerations
• Consequences for refusals, positives, or other violations
• Return-to-duty and follow-up requirements, where applicable

Clear language strengthens deterrence and supports consistent enforcement. 

7. Is Training Addressed and Aligned With Policy Language?

A well-written policy only works if it is properly implemented. Training for supervisors and employees should align with policy language and legal requirements.

Employers should ensure:

• Supervisor training covers reasonable suspicion and policy enforcement
• Employee training explains expectations, procedures, and consequences
• Training records are documented and retained

Training reinforces policy credibility, ensures employee acceptance of the program, and reduces compliance gaps.

Conclusion: Make Policy Review a 2026 Priority

An up-to-date workplace drug testing policy is the foundation of a compliant and effective program. Employers who treat their policy as a living document, reviewed regularly and updated as laws and operations change and company priorities evolve, are far better positioned to manage risk, protect safety, and support business objectives in 2026 and beyond.

If your policy has not been reviewed in the past year, now is the time.

Need help reviewing or updating your drug testing policy?
Reach out to Current Consulting Group at https://www.currentconsultinggroup.com or call 954-944-0400 to ensure your policy aligns with current laws and industry best practices.

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