Policy and Legal Issues

Prepared by:  Division of Workplace Programs

Updated:  March 2005

The legality of Federal workplace drug testing programs has been upheld in numerous challenges for many years.  In the Federal sector, challenges to Federal agency drug testing programs have involved questions of a Federal employee’s right to privacy, a Federal employee’s freedom from an unreasonable search by the government, and due process concerns.  All Federal agencies can expect to face legal challenges to their drug-free workplace policies over the course of time for different reasons.

Federal agencies have developed their workplace drug testing programs by following the “Model Plan for a Comprehensive Drug-Free Workplace Program” and the “Mandatory Guidelines for Federal Workplace Drug Testing Programs.”  These two documents are generally considered to be the “gold standard” for workplace programs.  By using these documents as the basis for their policies and programs, Federal agency programs have withstood these legal challenges.

Federal agencies may find information at the following resources to be helpful in maintaining successful substance abuse prevention programs:

• The Drug-Free Workplace Program section on this website has a kit entitled “Making Your Workplace Drug-Free: A Kit for Employers.”  The English version of the kit can be found at http://workplace.samhsa.gov/WPWorkit/workitindex.aspx and the Spanish version can be found at http://workplace.samhsa.gov/WPSPWorkit/wpspindex.aspx.

• SAMHSA’s National Clearinghouse for Alcohol and Drug Information (NCADI) is an excellent resource for obtaining information on various components of substance abuse prevention programs.  A guide containing a series of prevention materials, studies, articles, and reports can be found at http://www.health.org/govpubs/MS704A/.

• The Drug Enforcement Administration (DEA) has a manual to assist employers in setting up a drug-free workforce.  The manual includes steps in policy development, guidelines for employee education and training, drug testing, supervisory training, and legal issues.  The manual can be found at http://www.usdoj.gov/dea/demand/dfmanual/index.aspx.  The manual discusses both Federal programs and private sector programs.

• The Department of Labor (DOL) website has a comprehensive drug-free workplace program for private sector employers.  Although the information is primarily for private sector employers, the information may be helpful for Federal agencies and can be found at http://www.dol.gov/asp/programs/drugs/workingpartners/dfworkplace/dfwp.asp.

An internet search can be used to locate numerous websites that discuss and present findings for Federal and private sector court actions involving drug testing programs.  The following phrases are suggested to locate these websites:  drug testing legal cases, drug testing court actions.