Jordan Ellis
Drug testing is a common practice in the hospitality industry, which includes lodging, to ensure a safe and professional environment for guests and deter substance abuse among employees. While it is not legally required, maintaining a drug-free workplace is beneficial for businesses in the hospitality sector. Drug testing programs can help employers mitigate risks such as theft, fraud, workplace violence, and negligent hiring claims. Pre-employment drug testing is often conducted to determine an applicant's suitability, and random or post-accident testing may also be implemented. However, employers must be aware of local, state, and federal drug testing laws to protect themselves from litigation.
| Characteristics | Values |
|---|---|
| Pre-employment drug testing | Conducted by most employers in the hospitality industry |
| Criminal history checks | Conducted by most employers in the hospitality industry |
| Employment verification | Conducted by most employers in the hospitality industry |
| Education verification | Conducted by most employers in the hospitality industry |
| Social media checks | Conducted by most employers in the hospitality industry |
| Drug testing laws | Employers must be aware of local, state, and federal laws to protect themselves from litigation |
| Drug-Free Workplace Act | Employers can create drug testing policies to deter substance abuse |
| Random drug testing | Allowed by the Occupational Safety and Health Administration (OSHA) |
| Post-accident drug testing | Allowed by the Occupational Safety and Health Administration (OSHA) |
| Substance abuse | A survey ranked the "accommodations and food services" industry highest at 19.1% |
What You'll Learn
Pre-employment drug testing
Employers in the hospitality industry may request pre-employment drug testing to determine whether an applicant has controlled substances in their body. This can help employers hire suitable candidates who are qualified and trustworthy. Pre-employment drug tests can also help narrow the applicant pool and improve the quality of hire. Testing methods can include urine, saliva, hair, and blood tests, with urine being the most common. Saliva tests have a shorter detection period than urine tests (2-48 hours) and can be a good alternative if an employee does not provide a sufficient urine sample.
Drug tests typically screen for the presence of amphetamines, marijuana, cocaine, opiates, and phencyclidine. However, employers can also request testing for other substances. The tests will show positive or negative results for each of the selected drugs within about three days.
It is important to note that while drug testing is not legally required in the hospitality industry, it can benefit workplaces by maintaining a drug-free environment. Employers must also be aware of local, state, and federal drug testing laws to protect themselves from litigation.
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Random drug testing
Employers must be aware of local, state, and federal drug testing laws to protect themselves from litigation. Before implementing drug testing, management should develop a clear written drug testing policy that outlines when and how tests are conducted. This policy should be provided to all applicants and employees, with consistent enforcement to ensure fairness and effectiveness.
In the case of Marriott International, a leading global lodging company, some reports indicate that pre-employment drug testing is conducted, but the company has stopped testing for marijuana (THC). However, it is important to note that not all Marriott properties are managed by the corporation, and drug testing policies may vary.
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Post-accident testing
Drug testing for hospitality employees typically includes pre-employment drug testing, reasonable suspicion, random testing, and post-accident testing. While there are no federal laws mandating drug testing for most private employers, there are also no laws prohibiting drug testing programs.
The purpose of post-accident testing is to identify potential substance use contributing to accidents or injuries in the workplace. This testing can help employers address substance abuse issues among employees and ensure a safe work environment for all. It also allows employers to take appropriate action, such as providing support or disciplinary measures, depending on the circumstances and company policies.
In the context of lodging hospitality management, post-accident testing can be particularly relevant due to the unique challenges and risks associated with the industry. Lodging employees often have access to sensitive guest information, cash, and personal belongings, increasing the potential for theft, fraud, or other issues if employees are under the influence of substances. Additionally, the high turnover rate and urgent hiring needs in the hospitality industry can sometimes result in the employment of unsuitable candidates, highlighting the importance of comprehensive drug testing policies.
When implementing post-accident testing, employers should develop a clear written policy outlining the procedures and expectations. This policy should be consistently enforced to ensure fairness and effectiveness and provided to all employees to promote transparency and understanding. By conducting post-accident testing in accordance with local, state, and federal laws, lodging hospitality management can maintain a safe and professional environment for guests and staff while addressing any substance abuse issues that may arise.
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Drug-free workplace policies
Drug Testing in the Hospitality Industry
Drug testing is not legally required in the hospitality industry, but it is allowed and can be beneficial. Drug tests can include pre-employment testing, random testing, reasonable suspicion, and post-accident testing. Employers must be aware of local, state, and federal drug testing laws to protect themselves from litigation.
Benefits of Drug-Free Workplace Policies
Elements of a Drug-Free Workplace Program
A comprehensive drug-free workplace program should include the following elements:
- Education and training for employees and supervisors on the dangers of drug abuse, available counseling and rehabilitation programs, and workplace policies.
- Clear communication of the drug-free workplace policy to all employees, including the expectations and procedures for drug testing.
- Consistent enforcement of the policy to ensure fairness and effectiveness.
- Alternatives to discipline or "second chance" programs for employees with positive drug tests, encouraging them to seek help without fear of punitive consequences.
- Compliance with relevant laws, such as the Drug-Free Workplace Act, Americans with Disabilities Act, Civil Rights Act, Family and Medical Leave Act, and National Labor Relations Act.
Best Practices for Implementation
When implementing a drug-free workplace policy, employers should:
- Learn about local, state, and federal laws on workplace drug testing to ensure compliance and avoid legal issues.
- Develop a clear, written drug testing policy that outlines when and how tests will be conducted, and provide a copy to all applicants and employees.
- Utilize reputable pre-employment background check providers to reduce the risk of hiring individuals with a history of substance abuse, violent behavior, or theft.
- Offer employee assistance programs and counseling services to support employees struggling with substance use disorders.
- Provide ongoing drug-free awareness programs to inform employees about the dangers of drug abuse and the resources available to them.
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Employee rights and litigation
Drug testing is a common practice in the hospitality industry, including lodging hospitality management. While it is a useful way to deter substance users from applying and employees from using substances on the job, it is a contentious issue that has resulted in litigation.
Employee Rights
Employees have some rights when it comes to drug testing. In the US, the Americans with Disabilities Act (ADA) prohibits employers with more than 15 employees from discriminating against applicants or employees due to a physical disability. This is important as many signs of intoxication can also be symptoms of a disability or medical condition. The ADA also protects employees from being asked about their legal prescription drug use during pre-hiring or pre-promotion drug testing. Some states have also ruled that this constitutes discrimination.
The Civil Rights Act also prohibits employers with more than 15 employees from discriminating based on race, sex, religion, or nationality. Drug testing policies must treat all workers equally and avoid targeting specific racial, ethnic, or gender groups.
In addition, many states and local governments have laws regulating the timing and procedures of drug testing, which offer protections to employees. For example, some states require employers to provide notice of drug testing during the application process and to follow procedures to prevent discrimination and inaccurate samples.
Litigation
Employers who conduct drug testing must be aware of local, state, and federal drug testing laws to protect themselves from litigation. Lawsuits have been filed against employers for invasion of privacy, wrongful discharge, defamation, and discrimination. The best way to avoid litigation is to ensure that all policies are implemented fairly and consistently and do not conflict with any federal, state, or local civil rights or workers' rights laws.
It is also important to note that employers may be held responsible for injuries caused by employees who test positive for drugs. Courts have ruled that employers may be required to exercise reasonable care in controlling employees who have tested positive for drugs to prevent injury to others.
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Frequently asked questions
Yes, many companies in the hospitality industry conduct pre-employment and random drug tests on their employees. This is because hospitality employees often have access to drugs and alcohol, and employers want to deter substance abuse, reduce workplace incidents, and create a safer, more productive environment.
Drug testing can help to deter substance abuse among employees, reduce workplace incidents, and create a safer and more productive work environment. It can also help to protect the safety of employees and customers, while protecting the business from potential legal liability.
Substance abuse in the workplace poses a threat to the business and other employees. It can lead to increased theft, high employee turnover, aggression among employees and customers, and accidental overdoses.
Although there are no federal laws mandating drug testing for most private employers, there are also no laws prohibiting drug testing programs. However, employers must be aware of local, state, and federal laws regarding drug testing to protect themselves from litigation. For example, the Drug-Free Workplace Act allows employers to create drug testing policies, while the Americans With Disabilities Act prohibits discrimination against recovering alcoholics or drug users who have completed treatment.
