Many U.S.-based employers perform pre-employment, post-accident, or random drug testing, and with some exceptions, are generally permitted wide latitude in deciding when to conduct such tests. The U.S. attitude toward drug testing does not necessarily translate to other countries, however, where there may be different attitudes toward employee privacy, in particular. U.S.-based employers can run into trouble when attempting to impose those same testing requirements on a foreign division or subsidiary. Before beginning international operations, employers should consider that other countries may have a different perspective on the employment relationship itself. It is not uncommon for employers just beginning cross-border operations to import wholesale their U.S. policies and practices, including employee handbooks, EEO policies (including citing U.S. law!), hiring, firing, and leave policies. When it comes to drug-testing policies, however, employers should carefully consider the legal landscape of the countries in which they operate prior to implementing U.S.-based policies. Random drug and alcohol testing may not be permissible in other jurisdictions. Unjustified testing can result in fines, and even criminal sanctions in several European countries. In general, employers should always check the law in each particular jurisdiction in which they operate.
Cross-Border Employers Must Take Care Before Implementing Drug-and-Alcohol-Testing Policies at Non- U.S. Operations
Full Fusion