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Before you test any employee for any reason, you should have a written policy
in place that includes a drug testing provision that has been reviewed by an
attorney for the reasons previously indicated. That provision should specify
the reasons for which you may require a drug test. Reasons may include
pre-employment, random, for cause (conduct-related), accident or injury,
follow-up to treatment, or voluntary. Inherent in your question may be the
presence of some "incident" involving the employee that gave rise to your
suspicion of drug use. If your policy provides for drug testing following a
determination by an appropriate company official that an employee's conduct or
performance on the job met the criteria for the "for cause" or "accident or
injury," you may be free to require a drug test.
Please consider that something other than "substance abuse" may have caused the
performance or conduct problem that might not otherwise justify a drug test
(e.g., a dizzy spell resulting from an untreated medical condition).
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