A well-designed drug testing policy is essential for protecting your workplace, minimizing liability, and maintaining compliance with local, state, and federal laws. But without proper planning and oversight, even the most well-meaning employers can risk legal issues or noncompliance.
At National Background Check, Inc. (NBCI), we specialize in helping organizations of all sizes implement drug testing programs that are not only effective but also fully compliant with applicable regulations. Here’s what employers need to know to create, maintain, and enforce a compliant drug testing policy in 2025.
Why Drug Testing Compliance Matters
Whether you’re screening for safety-sensitive positions, meeting industry regulations like DOT standards, or promoting a drug-free workplace, compliance ensures:
- Protection from lawsuits and wrongful termination claims
- Compliance with federal, state, and industry-specific laws
- Employee trust and procedural fairness
- Accurate, defensible results
Step-by-Step: How to Ensure Drug Testing Policy Compliance
1. Know the Laws by State and Industry
Drug testing laws vary widely by state, and some have specific rules on:
- When you can test (e.g., pre-employment, random, post-accident)
- Whether you must use certified labs
- Employee notification and consent requirements
- Marijuana policy (especially where recreational use is legal)
If you employ DOT-regulated workers, you’ll also need to comply with federal rules under the FMCSA, FAA, or FTA.
NBCI stays up to date on local and federal law to help you navigate complex compliance requirements.
2. Put Your Drug Testing Policy in Writing
Your company’s drug testing policy should clearly outline:
- Who is subject to testing and when
- What substances are being tested for (e.g., 5-panel, 10-panel)
- How tests will be administered
- Consequences for refusal or positive results
- Employee rights and the appeals process
This document should be reviewed by legal counsel and distributed to all employees.
3. Use Certified Labs and Trained Collectors
Always partner with SAMHSA-certified laboratories and use trained professionals for sample collection. Mistakes during testing or chain-of-custody procedures can lead to false positives or legal disputes.
NBCI provides:
- Certified lab testing
- Mobile collection
- Electronic Custody and Control Forms (eCCFs)
- Fast, accurate digital reporting
4. Maintain Confidentiality and Documentation
Employers must protect employee privacy by:
- Keeping drug test results confidential
- Storing records securely
- Disclosing information only as permitted by law
DOT-regulated employers must retain test records for up to 5 years and report positive tests to the FMCSA Clearinghouse.
5. Train Supervisors and Staff
All managers and supervisors involved in enforcing your drug testing policy should receive training on:
- Recognizing signs of impairment
- Documenting reasonable suspicion
- Responding to post-accident testing requirements
- Handling employee questions and challenges
NBCI Helps You Stay Compliant
At NBCI, we offer employers a full range of drug testing and background screening services, including:
- Pre-employment, random, post-accident, and return-to-duty testing
- DOT and non-DOT testing programs
- Custom testing panels and policy development
- Compliance tracking and document storage
- Dedicated account support
Learn more about NBCI drug testing services »
Final Thoughts
Ensuring a compliant drug testing policy in 2025 means staying informed, following best practices, and partnering with a provider who understands the legal landscape. NBCI makes it easy to implement a program that’s fast, accurate, and fully compliant—so you can focus on running your business.
Call us today at (877) 932-2435
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National Background Check, Inc. — Trusted Nationwide Since 1999 for Background Checks and Drug Screening Services