Legal concerns require caution for testing
Protecting employees’ confidentiality
Concerns over confidentiality and other legal issues are the main reasons that random, on-site testing is not a common offering among occupational health programs, says Melissa Tonn, MD, MBA, MPH, medical director of occupational health services at Memorial Hermann Healthcare System in Houston.
There is nothing inherently wrong with the idea, she says. The service can be performed legally in many situations and without creating too much of a fuss, and it even could be a profitable service for the program, she says. But the reality is that random testing of any type can ruffle feathers, and even more so when you show up unexpectedly at a work site.
Some companies don’t random-test
Tonn says her manufacturing clients usually do not pursue random testing, mostly because they do not have random-testing policies in place so that employees know they are subject to surprise testing. Her program provides the service when asked, but it does not actively pursue random-testing contracts.
"It’s fine to offer it as a service, but it’s not going to fit a lot of companies," she says. "Some companies would like to do the testing but are going to avoid it because they don’t have random testing policies in place to allow it. It will be a sensitive issue with some employers."
Tonn suggests that your first question after being asked to provide random, on-site testing should be whether the employer has a policy in place that would allow it. If not, perhaps you can consult with the employer to aid in drafting such a policy.
The risk of litigation and employee rebellion lies with the employer and not the occupational health provider, but it is your duty to explain those risks before providing the service, she says.
You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
- Award-winning Medical Content
- Latest Advances & Development in Medicine
- Unbiased Content