Why is Pre-Employment Testing Confusing?

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A drug test can occur for a variety of reasons, and those reasons are straightforward. In fact, pre-employment testing is self-explanatory at surface level, but this reason for testing can often be confusing or misunderstood. A better way of thinking about pre-employment testing is to view it as post-offer/pre-hire. In other words, employment is contingent on passing the drug test.

This change in verbiage seems simple enough to understand, but a pre-employment test can occur even after an employee has been with an organization for an extended length of time. Reasons for pre-employment testing include promotion, pre-access, transfer, and return-to-duty, which may leave employers confused as to why they are still identifying these tests as pre-employment. In this article we will examine each of these reasons for testing and clarify when they are appropriate to use or not use.

Before getting started it is important to point out that not all reasons for testing are applicable depending on the governing rules and regulations. For example, the Department of Transportation (DOT) does not recognize reasons for testing outside of pre-employment, random, follow-up, return-to-duty, reasonable suspicion, and post-accident. Non-DOT testing is likely where these alternative options will appear should an employer wish to include them in their testing program.

Promotion

When an employee is promoted, a company may require that the individual complete a second drug test prior to fulfilling their new role. Not only should the company policy make this requirement very clear, but it should also ensure that their record keeping system can accommodate a less common identifier like “promotion”. Often these types of tests may fall under a generic “other” category, but this vagueness may lead to record keeping issues later. An example of this would be if a report of all “promotion” tests is required, it would be difficult to gather all pertinent testing information based off a generic identifier.

If a company is not equipped to accommodate special titles, it may be easier to identify the promotion-based test as pre-employment, even though the promoted individual is already employed. While there may be some exceptions, having multiple pre-employment tests on file should not create any clerical issues, specifically since tests are associated with certain dates, and can be verified with the time of the promotion.

Pre-Access

Pre-access, or pre-site access, is a term largely associated with organizations required to adhere to multiple drug testing policies. For instance, a subcontractor may only require a standard 5-panel pre-employment test for their personnel; however, if that subcontractor has personnel working on projects managed by a different company, those personnel will have to adhere to the testing requirements established by the other company.

In other words, a pre-access test must be completed prior to working on specific projects controlled by a secondary contractor, even if the employee has already completed their initial pre-employment test with their direct employer. Again, system limitation may prohibit an employer from identifying a test as “pre-access,” so the appropriate reason for testing is still pre-employment.

Transfer

Transfer testing is like pre-access testing in that it may only be required when moving from project to project, or job site to job site. However, transfer testing may also be applicable when an individual is moving from one employer to another. For example, multiple employers may operate under the same general contractor umbrella requirements, but the new employer must have a negative test on file for the newly acquired employee.

A final example of when transfer testing may be utilized is when an individual is transferring from one random selection pool to another. This may occur if a DOT employee is switching operating agencies and is required to complete a new drug test to be eligible for the new random selection pool. Depending on the circumstances, this may also be considered a pre-employment test.

Return-to-Duty

The reasons for testing that have been identified so far are virtually interchangeable with pre-employment. Return-to-duty testing is an exception to this rule because its use occurs at a very specific time. Return-to-duty testing is necessary following a policy violation, such as a positive test or refusal to test. Depending on the policy, an employee may be eligible to return to work following a violation, usually after completing some form of rehabilitation or drug education program. Upon completing the required program, a company may re-employ an individual once they complete a return-to-duty test.

Return-to-duty testing is sometimes misused for individuals who are returning to work following an extended leave of absence or sabbatical. In these situations, a pre-employment test is appropriate as the employee is essentially re-establishing themselves as a current employee but has not committed a violation that would warrant a return-to-duty test.

Conclusion

Although pre-employment testing seems straightforward, the varying options of testing reasons employers may utilize can create confusion. Should an employer choose to use alternative terms like promotion, transfer, or pre-access, they should ensure that their record keeping system can accommodate the use of these identifiers. Furthermore, it should be very clear when a return-to-duty test is necessary compared to a pre-employment test.

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