I am worried that applicants are taking opioids. What can I do?

Dealing with opioid use is a challenge because opioids can be legal or illegal. Opioids are a class of drugs that includes street drugs such as heroin and fentanyl, as well as legal prescription medications such as oxycodone, hydrocodone, codeine, and morphine.

An applicant illegally using opioids can be rejected for the job for illegal drug use. To reduce the chances the person being hired is illegally using opioids, an employer can:

Make sure applicants are aware of a company’s substance abuse policy. The policy can indicate that a pre-employment drug test will be given, the substances that will be tested for, and the consequences of a positive test for illegal drug use.

Ask about illegal drug use. Questions about illegal drug use are fine as long as they do not address past addiction.

Do a drug test. An employer may do a drug test for opioids after an offer of employment has been made. (Under the Americans with Disabilities Act, a discussion about medical conditions can only occur at certain times in the employment process. One of these times is after a job offer is made. A positive test for opioids could bring about a discussion of the medical condition that led to a prescription for the drug, so the test should be given after a job offer is made.) The job offer can be contingent upon the employee passing the drug test.

If the test is positive for opioids, the job candidate should have the opportunity to explain the positive test result. Ideally, the medical review officer or medical facility administering the test will make this inquiry.

If the applicant does not have a legal prescription, or is misusing opioids and is not taking them within prescribed limits, the applicant could be rejected for illegal drug use.

If the opioid use is legal, the test is negative for illegal drugs, and the applicant continues with the employment process. Note that the employment process could include a job-related test and an employer can also check references to make sure that the applicant is qualified to do the job.