What is the name of your state? Colorado
I have an employee who failed his random drug screen. We want to rehire him and have him do a random test once a month. We also want to have him pay for the cost of his testing via deducting from his check. Any thoughts on this?
I've had an employee fail a drug test and (on occasion) decided not to terminate him/her but instead have required the employee to subject to random drug screens for a period of time (among other things, including a mandatory referral to our EAP.) Yes, it's legal. But you cannot charge the employee the cost of the tests. It's the same as if you required an employee to see a physician of your choosing for an evaluation - the employer has to pay.
If you decide to do this, be sure the tests are truly
random. Marijuana stays in the system for a fairly long time, especially for heavy users, but most other drugs are in and out of the system in a matter of days. If your employee is still using and anticpates being tested on the 15th of every month, for example, all he has to do is stay clean for several days prior to the test and then will go right back to using for the next 3-1/2 weeks.