Informal Probation and Drug Testing: What You Need to Know

Drug use in the workplace is a serious concern for employers. It can lead to decreased productivity, increased absenteeism, workplace accidents, and even legal liabilities. To address this issue, many employers have implemented drug-testing policies, including random drug testing, to ensure a drug-free workplace. However, not all drug testing policies are alike, and there is a growing trend towards informal probation and drug testing.

What is Informal Probation?

Informal probation is an alternative to traditional probation, which is a legal process where an individual is placed under the supervision of a probation officer. Informal probation is a less formal process that does not require the involvement of the courts or a probation officer. Instead, it is an agreement between the employer and the employee that the employee will comply with certain conditions.

One of these conditions is usually drug testing. The employee is required to take regular drug tests, and if they fail, they may face consequences, such as termination of employment or other disciplinary action.

Why is Informal Probation Used?

Informal probation is used by employers who want to avoid the legal and administrative processes of traditional probation. It is also seen as a more effective approach for addressing drug use in the workplace because of the increased frequency of drug testing. With traditional probation, drug testing may only occur once or twice during the probation period. With informal probation, drug testing may occur on a weekly or monthly basis. This increased frequency of testing makes it more likely that drug use will be detected, and subsequently, addressed.

What Should Employers Consider Before Implementing Informal Probation?

Before implementing an informal probation policy, employers should consider the following:

• Legal Requirements: Employers should consult with legal counsel to ensure that their drug testing policy complies with state and federal regulations.
• Consistency: Employers should apply the policy consistently to all employees.
• Confidentiality: Employers should ensure that the drug testing process is confidential and that the results are kept private.
• Consequences: Employers should clearly communicate the consequences of failing a drug test and make sure that these consequences are consistent with applicable laws and regulations.
• Employee Education: Employers should educate their employees about the policy and the consequences of failing a drug test.

Conclusion

Informal probation and drug testing policies are becoming more prevalent in the workplace as employers seek to address the impact of drug use on productivity and safety. Employers should carefully consider the legal requirements, consistency, confidentiality, consequences, and employee education before implementing an informal probation policy. With an effective policy in place, employers can maintain a drug-free workplace and ensure the safety of their employees.