Tuesday, February 12 2019
Requiring Drug Screening for Your Entrepreneurial Venture
Are you starting a business? Has your business grown to the point where you’re hiring employees? Do you already have employees and are concerned that some might be abusing drugs?
There are a lot of concerns for entrepreneurs, drug use shouldn’t be one of them. If you’re at a point where you implementing a drug policy seems like a good idea, there are a few options you have available to you.
One area where you will want to implement a drug screening program is within the employment contract newly hired employees sign. No matter what your stance on drug use is, it’s wise to lay out a requirement for testing in the employment contract.
If the work the employee is going to do requires manual labor, driving or operating a vehicle, or other physically active operations, you should definitely require employees to be screened prior to employment.
Some employees are mandated by the Department of Transportation and other government agencies.If you’re working under a government contract or in an area that allows employees access to controlled substances, then requiring regular and/or random drug testing is something we strongly recommend. Depending on your contract with the state, or the regulations your business falls under, it may be required.
Most lines of work won’t require such oversight. In that case, the employment contract should require drug screening in the event of an accident at or on the job. This limits the company’s liability and can save you in the event of a lawsuit.
Partnership and Incorporation Agreements.
If your new business involves bringing in a partner, or you’re incorporating, it’s also wise to protect your assets and your portion of the company by requiring drug screening within that agreement. You trust your partner and you know they’re not using drugs, but you can’t predict the future. It is important that you protect yourself, no matter what you know or expect.
It might be a good plan to set a requirement within the agreement that all the partners get screened at the outset. It will give anyone the opportunity to come clean about anything that may affect their ability to manage their portion of the company, and it will also build trust in that partnership.
If you’re in certain types of business or working with controlled substances as part of your company operations, then you may need to put regular drug screenings into the requirements of your company operations. Depending on the companies you’re partnering with or the regulations your company falls under, every person working for the company may need to receive regular screening.
As with an employment agreement, you may want your partnership agreement to require testing in the event of an accident at or on the job. You don’t want your portion of the company to be taken away because your partner made a mistake while using. Protect your assets and protect your future by putting this into your agreements.
Building a business takes a lot of time, energy, and work. You shouldn’t be held responsible for something that happens due to another person’s use of controlled substances or illegal drugs. Protect yourself and protect your assets, find a good Business Lawyer who can build the contracts you require to set up and run your venture in the way you need.