# You're starting a new business. What drug use policies do you institute

**URL:** <https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759>\
**Category:** In My Humble Opinion\
**Created:** [June 20, 2012, 4:06pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759 "2012-06-20T16:06:39Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Skald\_the\_Rhymer](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Skald\_the\_Rhymer](https://boards.straightdope.com/u/Skald_the_Rhymer)\
**Post date:** [June 20, 2012, 5:05pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/21 "2012-06-20T17:05:27Z")

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> [@otternell](#):
>
> I don’t really like any of your options.

Why not? One of them is “no drug testing ever,” which is pretty much what you describe in the rest of your post.

> [@](#):
>
> I would institute performance testing - the first two weeks of employment, they will be establishing a baseline level of performance (job-related) on a software application. After that, if they come in and something appears suspicious, they will be asked to use the performance software, and if their results are under performing, they are sent home without pay for the day.

Assuming you’re talking hourly employees here, I doubt you can legally send them home without pay for the entire day; you have to pay them for their time on the clock.

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**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\
**Post date:** [June 20, 2012, 5:06pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/22 "2012-06-20T17:06:54Z")

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> [@kayaker](#):
>
> None.
> 
> If they are not doing the job I hired them to do, I’ll let them go. If their performance is stellar despite the fact that they are mainlining H each evening, well more power to 'em.

This is my position.  
I know people who use drugs. You know the only thing they all have in common, apart from their drug use? The fact that they all hold down responsible jobs that pay over the median wage. Oh, and the vast majority of them have post-graduate degrees, mortgages, and families.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [June 20, 2012, 5:11pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/23 "2012-06-20T17:11:11Z")

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I agree with what others have said. I wouldn’t plan on doing any drug testing. But I’d want to reserve the theoretical option to do it in the future if I had a reason to feel an employee was using drugs in a way that affected his or her job. So “other”.

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**Author:** ![Hilarity\_N.Suze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hilarity_n.suze/32/6223_2.png) [@Hilarity\_N.Suze](https://boards.straightdope.com/u/Hilarity_N.Suze)\
**Post date:** [June 20, 2012, 5:13pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/24 "2012-06-20T17:13:55Z")

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No drug testing. I’d prefer if they didn’t do drug deals in the parking lot (or on the premises) and there might be a good case for employees not being high at work. I don’t know; I’ve worked with people who got high at work, and some of them were quite competent and others weren’t. It didn’t seem to have anything to do with the drug.

I never got this. I’m at work, doing what I do. I can do it if I’m a little buzzed, or a little high, or if I have a cold, or if I’m a little worried about something at home. In some cases in the past, quite frankly, being a little buzzed actually helped me buckle down and get through something boring.

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**Author:** ![Rhiannon8404](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rhiannon8404/32/17929_2.png) [@Rhiannon8404](https://boards.straightdope.com/u/Rhiannon8404)\
**Post date:** [June 20, 2012, 5:14pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/25 "2012-06-20T17:14:22Z")

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None.

If they are doing their job, great. I don’t care what they’re doing on their off time. If they’re coming to work and acting stupid and not getting the job done, they’re fired whether they’re doing drugs or not.

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**Author:** ![control-z](https://avatars.discourse-cdn.com/v4/letter/c/eada6e/32.png) [@control-z](https://boards.straightdope.com/u/control-z)\
**Post date:** [June 20, 2012, 5:16pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/26 "2012-06-20T17:16:29Z")

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I don’t approve of illegal drug use (and I think legal drugs are over-prescribed), but I wouldn’t require any drug testing of my employees. It starts things off on the wrong foot. If their job performance is not good then that’s an issue, if they’re caught with drugs at work that’s a legal issue.

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**Author:** ![Skald\_the\_Rhymer](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Skald\_the\_Rhymer](https://boards.straightdope.com/u/Skald_the_Rhymer)\
**Post date:** [June 20, 2012, 5:16pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/27 "2012-06-20T17:16:41Z")

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For those of you (read: practically everyone 😉 ) who has voted for “no testing”: do you have a specific sort of business in mind? Would your answer change if you were, say, managing a medical practice or taxi service?

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**Author:** ![Leaffan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leaffan/32/299_2.png) [@Leaffan](https://boards.straightdope.com/u/Leaffan)\
**Post date:** [June 20, 2012, 5:18pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/28 "2012-06-20T17:18:38Z")

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> [@Skald\_the\_Rhymer](#):
>
> For those of you (read: practically everyone 😉 ) who has voted for “no testing”: do you have a specific sort of business in mind? Would your answer change if you were, say, managing a medical practice or taxi service?

No.

I work in a nuclear facility in Canada. No testing.

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**Author:** ![dngnb8](https://avatars.discourse-cdn.com/v4/letter/d/977dab/32.png) [@dngnb8](https://boards.straightdope.com/u/dngnb8)\
**Post date:** [June 20, 2012, 5:19pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/29 "2012-06-20T17:19:49Z")

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> [@Skald\_the\_Rhymer](#):
>
> The usual eccentric billionaire owes you a favor and decides to put you in charge of a start-up in whatever field you choose and are competent in. Y’all can decide what that means for yourselves, but there’s one stipulation: we’re talking about a company that’s going to have employees other than you. At least a dozen, and more if that’s what floats your boat. Given free rein, what drug use/testing policies will you institute, and why?

Depends on the start up. If it operates with dangerous equipment, vehicles etc, I would institute a strict policy. If it is opening a retail store, the only rule is, if your under the influence of an illegal substance at work, youre no longer working.

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**Author:** ![Hilarity\_N.Suze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hilarity_n.suze/32/6223_2.png) [@Hilarity\_N.Suze](https://boards.straightdope.com/u/Hilarity_N.Suze)\
**Post date:** [June 20, 2012, 5:21pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/30 "2012-06-20T17:21:16Z")

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> [@Shade](#):
>
> …  
> Is there any evidence that this sort of policy helps at all? Ever? My mental model has a reasonable chance of an apparently professional and competent person turning out to have some hidden vices, but I’m worried about them stealing, not using illegal drugs in ways that don’t affect their work performance.

Anecdotal: My husband had a job–a horrible job, with an alleged Fortune 500 company–where he had to have a pre-employment drug screen, as did everyone there. This was the scuzziest group of coworkers he’d ever had. While he was there (about a year) one of them was fired for stealing customers’ credit-card info, another was fired for criminal activity, to wit mugging someone at the airport (which apparently was a regular thing but she didn’t get caught before), one of them got a kickback for taking the calls & info and then dispatching a different company (a former employee) to do the job, and one of them was fired for gaining access to everybody’s HR records (and was caught because she gossiped about what was in those records). A bunch of really stupid people, but they all passed the drug test. And yet, a lot of them did use drugs.

He went from there to a company that doesn’t screen, doesn’t have these kinds of problems with employees, and most of them seem to be upstanding citizens. As far as he can tell, damn few of them use drugs, although there is some drinking.

I’m only in favor of it in a couple of cases. Anybody who works at a drug-screening company needs to be tested. I guess it makes sense to test cops. It also makes sense to randomly test people who have access to drugs (hospital, pharmacist). If you’re going to test anybody, I mean.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [June 20, 2012, 5:37pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/31 "2012-06-20T17:37:34Z")

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> [@Skald\_the\_Rhymer](#):
>
> For those of you (read: practically everyone 😉 ) who has voted for “no testing”: do you have a specific sort of business in mind? Would your answer change if you were, say, managing a medical practice or taxi service?

A company with contracts with entities that specify drug testing? I’d avoid those contracts.

I once took a job after being contacted by a headhunter. A week or two into employment, I was told it was time for my drug test. (It was due to a government contract)

This had not been made clear from the beginning, and I was furious. I got my things together and went home. I shut off my cell (they were calling every few minutes).

Once I got over my anger, I called and spoke with management. He told me that if I could pass one test, at my convenience, he would see that my name never got picked by the random process used for spot checks (so much for accuracy of spot checking).

Six weeks later I passed a piss test. I finished up my one year contract and went off to start my own business.

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**Author:** ![Slithy\_Tove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slithy_tove/32/18248_2.png) [@Slithy\_Tove](https://boards.straightdope.com/u/Slithy_Tove)\
**Post date:** [June 20, 2012, 6:02pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/32 "2012-06-20T18:02:36Z")

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Bear in mind that any accident that happens on your property, even the office drone who leave a drawer out and trips over it later; or on your time, like the sales rep who gets t-boned; or the telecommuter who leans back in _his_ chair in _his_ home (so long as it’s at his workstation) and bonks his head is covered under _your_ workman’s comp insurance. That insurance company will require a drug test at the ER/clinic, and if you don’t mind having baked employees, they sure do. They will cancel your required-by-law policy, or raise your premiums ruinously high.

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**Author:** ![Skald\_the\_Rhymer](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Skald\_the\_Rhymer](https://boards.straightdope.com/u/Skald_the_Rhymer)\
**Post date:** [June 20, 2012, 6:05pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/33 "2012-06-20T18:05:10Z")

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> [@Slithy\_Tove](#):
>
> Bear in mind that any accident that happens on your property, even the office drone who leave a drawer out and trips over it later; or on your time, like the sales rep who gets t-boned; or the telecommuter who leans back in _his_ chair in _his_ home (so long as it’s at his workstation) and bonks his head is covered under _your_ workman’s comp insurance. That insurance company will require a drug test at the ER/clinic, and if you don’t mind having baked employees, they sure do. They will cancel your required-by-law policy, or raise your premiums ruinously high.

Admittedly it’s been 15 years since I’ve had a worker’s comp claim, but I’m not persuaded that getting drug tested is routinely required. May I trouble you for a cite?

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [June 20, 2012, 6:13pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/34 "2012-06-20T18:13:43Z")

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> [@Skald\_the\_Rhymer](#):
>
> Admittedly it’s been 15 years since I’ve had a worker’s comp claim, but I’m not persuaded that getting drug tested is routinely required. May I trouble you for a cite?

I’ve had employees injured on the job and do not recall any drug testing. I’d appreciate a cite as well.

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**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\
**Post date:** [June 20, 2012, 6:25pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/35 "2012-06-20T18:25:54Z")

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No testing, I think it’s unethical. But if I find paraphernalia on the premises, you’re out.

**Slithy Tove:** I work at an insurance company and take work comp claims on a daily basis. I \*promise \*you, the insurance company does not have any rules about drug testing. That’s strictly up to the employer. Some states even forbid it outright (Vermont being one, IIRC). If the facts of loss support the question, the adjuster may ask if drug use is suspected (which would be a red flag, but not cause for outright denial).

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**Author:** ![Kaio](https://avatars.discourse-cdn.com/v4/letter/k/c68b51/32.png) [@Kaio](https://boards.straightdope.com/u/Kaio)\
**Post date:** [June 20, 2012, 6:33pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/36 "2012-06-20T18:33:07Z")

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> [@Arabella\_Flynn](#):
>
> I would feel ethical to call for a drug test in the same situation I feel it’s ethical for police to call for a breathalyzer, e.g., you have just run one of my company cars through a public fountain. Showing up drunk or high to a position in which you are driving, running heavy machinery, or otherwise endangering other people shows you don’t care about anyone’s safety, and I would like to have a good reason to fire you on the spot.

In this case, wouldn’t driving the company car through a public fountain be enough in itself? Unless the police investigation showed that some other car ran the employee off the road, I can’t imagine why it would matter whether said employee plowed granny down because he was baked, because he was a very bad/careless driver, or because he has major road rage issues.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [June 20, 2012, 6:35pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/37 "2012-06-20T18:35:53Z")

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> [@rachelellogram](#):
>
> No testing, I think it’s unethical. But if I find paraphernalia on the premises, you’re out.

Can you define “paraphernalia”?

I ask because a friend was recently hassled over paraphernalia in his car at a sobriety checkpoint. The guy is a fisherman and had just purchased a couple of hemostats for use in fly tying, hook removal,etc.

He sat at the roadside taking up two cops’ time until a third cop wandered over and vouched for the guy (they had fished together or something).

ZigZags maybe? Another friend hand rolls loose tobacco to save money.

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**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\
**Post date:** [June 20, 2012, 6:42pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/38 "2012-06-20T18:42:13Z")

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I’d want to have the right to test randomly, and/or at my discretion. I wouldn’t  
waste a lot money doing unnecessary tests, but I definitely want to have that option.

I have seen the horror of an entire office in the thrall of a Director who did cocaine and drank too much and threw a lot of parties after work. Although it was never stated outright, folks felt their jobs/futures depended upon keeping him company whenever he asked them to.

We couldn’t snag him for the implied pressure, but we could have gotten him for the illegal usage, had we put such a policy in place. :smack:

In the end we hired a private detective, who provided info to the police in order to arrest the guy. His jail time interfered with his productivity, so we were able to rid ourselves of him.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [June 20, 2012, 7:04pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/39 "2012-06-20T19:04:47Z")

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Depends on the business.

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**Author:** ![Slithy\_Tove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slithy_tove/32/18248_2.png) [@Slithy\_Tove](https://boards.straightdope.com/u/Slithy_Tove)\
**Post date:** [June 20, 2012, 7:17pm UTC](https://boards.straightdope.com/t/youre-starting-a-new-business-what-drug-use-policies-do-you-institute/625759/40 "2012-06-20T19:17:58Z")

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Guys, you know I don’t ever play the “I AM the shore patrol” card on this mb, but I am an OSHA-certified safety inspector at an industrial plant in a company with a couple dozen other plants nation-wide with 7,000 employees, and as such I’m lawyered to the gills. So please allow me to post these random thoughts:

Vermont is the exception, so I’d advise you to set up there. Or even Maine, where only pre-hire and post accident testing is allowed.

I’ll agree that bank tellers with coke habits are no more likely to embezzle that any other bank teller. But lathes, stamping mills, forklifts, cranes, etc. are no place for an impaired operator.

“As long as they do their job it’s none of my business.” Then one day they kill a coworker, and you’re being cross-examined by the widow’s tort lawyer because you have the deep pockets.

And finally: my profession in this field over the last six years has given me an enhanced appreciation for the great majority of you members of the SDMB. Before then, I found your online company agreeable because bullshit is annoying. But now I’ve seen firsthand that bullshit kills.

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