David, Brody & Dondershine, LLP Experienced General Business Law Attorneys
2100 Reston Parkway, Suite 370
Reston, VA 20191

Why your business might want to revisit its drug-testing rules

At first glance, a recent business article discussing company drug-testing policies would seem to be squarely and narrowly focused upon enterprises in only one state, with scant relevance for companies operating across Northern Virginia, Maryland or the Washington, D.C., metropolitan area.

A closer look at the details noted in a recent focus on that subject in a national business publication reveals, though, that what is relevant in one state can be equally germane in a broad-based way all across the country.

Here's an example. Say that a company in Vermont (the above-cited state) strays beyond the legal boundaries of what is provided for under state statutory law when it comes to testing an employee for drugs. Reportedly, that is easy to do, with the aforementioned publication noting that Vermont is "extraordinarily restrictive on employers that wish to drug test their employees."

Is that at all relevant to you as an employer operating elsewhere?

It easily could be, if your enterprise is headquartered in Vermont.

And it could also be something to note if your business -- regardless of where it centrally hoists the company flag -- conducts operations in states across the country.

Here's why: Rather than there being a boilerplate statutory regimen in place applicable to employee drug testing across the United States, a patchwork of laws exist in the various states.

The point: Things can become complex in a hurry. As the above article notes, "A one-size-fits-all drug-testing policy may be difficult to implement and can create potential liabilities in states with restrictive drug-testing laws."

Company principals everywhere have much to think about, including drug testing for workers, which is a growing concern given the increasing divergence of state laws regarding lawful drug use.

Proven lawyers from an experienced business and commercial law firm can respond to testing-related issues and concerns, helping to ensure that official company policies are sound and have been crafted to reduce potential legal liabilities to the fullest extent possible.

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