Whether your small business already has an employee drug-testing policy or it is considering adopting one, first know this: The National Drug-Free Workplace Alliance says small businesses bear the greatest burden of substance abusers. Why? Drug users don’t apply to jobs at large companies, which traditionally have established, company wide policies regarding drug use—instead, they may seek employment at small companies with fewer resources (and motivation) to perform tests.
And if you don’t drug-test employees, your business could be at risk for negligence lawsuits from customers and employees, says Berger. For example, if an employee high on cocaine stumbles and falls, injuring a co-worker or customer in the process, your business could be sued for negligent hiring. “The plaintiff could say, ‘Why didn’t you drug-test?’” he says.
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