Drug and alcohol testing can be an important tool for keeping the workplace safe, productive, and compliant with the law. In Massachusetts, employers have several reasons they may conduct testing, but there are also rules, especially around when and how it’s done.  It is very important to create a drug testing policy.

Companies need to have a clear drug and alcohol testing policy.  Employees need to understand the company’s expectations and the process for testing. The policy should explain when testing may occur, what employees are expected to do, and what actions the company will take if someone tests positive, along with their options if applicable. Communicating the policy to all staff helps set clear expectations, and applying it consistently protects the company from claims of unfair treatment.

When Employers Can Conduct Drug Testing

1. Pre-Employment Testing
   Many employers choose to test candidates before hiring, especially for jobs where safety is critical. This can help reduce the risk of hiring someone who may be impaired on the job. Testing should only be conducted after a bona fide offer of employment has been made.
2. Reasonable Suspicion Testing
   This happens when there’s a specific reason to believe an employee is under the influence at work. Signs might include slurred speech, unsteady movements, strong odors, or erratic behavior. Supervisors should be trained on how to recognize and document these signs before requesting a test. Suspicion should be confirmed by two managers if possible, and they should document their observations with detailed descriptions of the employee’s observable behavior and appearance.  Many employers utilize a Reasonable Suspicion Checklist.
3. Random Testing in Massachusetts
   Random drug testing is tightly limited in Massachusetts. In most cases, it can only be used for safety-sensitive positions, where impairment could cause serious harm. It is important to remember that random testing must be truly random; the employer cannot select someone for random testing.  Employers should consult legal counsel before implementing random testing programs.

Post Incident/Accident Testing
When an employee causes or directly contributes to an on-the-job accident, or causes the conditions of a potential on-the-job accident, whether or not personal injury or property damage results, the employer may require the employee to submit to a test that screens for alcohol or drugs.  Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. §1904.35(b)(1)(iv) | Occupational Safety and Health Administration

A Note About Marijuana

While marijuana is legal in Massachusetts, employers are not required to remove it from their drug testing panel. Off-duty use may be lawful, but coming to work impaired—particularly in safety-sensitive roles, is never acceptable. Employers can and should maintain policies that ban being under the influence during work hours to help ensure a safe and productive workplace.  Massachusetts law about recreational marijuana | Mass.gov

What Happens if an Employee Tests Positive?

When a reasonable suspicion test comes back positive, employers typically have two main options:

1. Automatic Termination

• Pros:
  Sends a strong message about zero tolerance.
  May protect safety in high-risk jobs.
  Reduces risk of repeated incidents.
• Cons:
  Removes the chance for rehabilitation.
  May lead to loss of a skilled employee.
  Could increase turnover costs.

2. Second Chance – with conditions
In this approach, the employee can keep their job if they agree to seek help and sign a Last Chance Agreement.

What’s in the agreement?

1. Proof of treatment or counseling.
2. Random drug/alcohol testing for a set period.
3. Clear conditions for continued employment.

• Pros:
  Supports the rehabilitation of employees and employee well-being.
  Can keep a valuable employee’s skillset.
  Shows the company’s commitment to helping their employees.
• Cons:
  Requires extra management time and monitoring.  It will be important to follow-up on the conditions outlined in the last chance agreement.
  Risk of relapse.

Other employees may view it as “special treatment” or not taking it seriously enough.

Need Help with Drug Testing Policies?

Creating and applying a legally sound drug and alcohol testing policy can be complex, especially with changing laws and workplace safety considerations. If you have questions about when testing is appropriate, how to communicate policies to employees, or how to handle a positive result, our HR Helpline is here to guide you. Call 1-800-470-6277 or email Helpline@aimnet.org to speak directly with an HR expert