No matter how hard we try to discourage illicit drug use in the workplace, we can’t (and shouldn’t) monitor our employees’ activities all the time. We only need to concern ourselves with the “extracurricular activities” of a small minority of our employees. It’s unfortunate that our employees who don’t use drugs are subjected to the same rigors of workplace testing as the individuals who are willing to break the law in their spare time, but it’s the price of vigilance. You have a fiduciary duty to your business to protect its employees and assets by instituting a drug testing program.
