There are several procedures to make sure a potential employee is suitable for a job. Common steps include checking a resume for skill qualifications, performing a background check, and calling references. Nowadays, more employers are beginning to require drug tests as well. In doing so, employers want to make sure their hires will meet standards of productivity and reduce the chances of any workplace accidents. 

Drug laws, in addition to drug testing laws, vary by state. There are five states where drug testing is completely legal and up to the discretion of the employer. The vast majority of states, 35 in total, claim that drug testing is legal with certain caveats. There is a delicate balance that has to be struck between the legalization of certain drugs for recreational use and whether workplaces should still crack down on positive tests where the drug is present. For example, marijuana has been legalized in 24 states for recreational use. However, this can have implications on workforce safety - there has been a 10% increase in workplace injuries among workers aged 20 to 34, raising questions of correlation to lax recreational marijuana laws. 

Since the widespread legalization of marijuana, positive tests have increased by over 45% in the last five years. 39% of these employees have tested positive when they have been asked to test under reasonable suspicion. In these cases, the employee usually doesn’t have enough time to detox their system and avoid detection. In comparison, only 5% of employees produce a positive test in the pre-employment stage, which is probably due to significant warning time. 

Some employees are taking matters into their own hands to avoid being caught for drug use. There has been a 6x increase in tampered test samples between 2022 and 2023. As positive drug tests continue to spike, some states are instilling more stringent anti-cheating policies. This can include detailed check-in times, dilution detection, and adulterant tests. Some of these states opting to implement these requirements include Texas, Virginia, and Oregon. Some employers are implementing their own measures to make sure any potential cheaters can also be caught. 

Some industries are more sensitive to drug use than others. Federal employees have been required to be sober since the Drug Free Workplace Act of 1988. Private employer requirements vary, with stricter rules for safety-sensitive industries. This includes energy utilities, transportation and warehousing, manufacturing, wholesale trade, and construction. All of these industries involve manual labor and heavy machinery to some extent, which could present a higher risk of workplace injuries if someone is under the influence. 

While requiring drug testing is a personal decision every company must make, it is important to note which substances are most abused in the state the employer is in to know what to test for. It is common knowledge that the United States is facing an opioid crisis; this is reflected in the fact that this is the substance that is abused in the highest number of states, at 15. Alcohol, hallucinogens, and heroin are the runner ups. 

Source: USDrugTestCenters.com