10 Things to Know About Workplace Drug Testing State Laws and Regulations in Puerto Rico

1) Who can be tested for drug abuse?

The laws of the Puerto Rican government state that any applicant or employee within the Commonwealth needs to be tested for substance abuse. The laws however do not apply to those tests that are federally ordered. Drug testing is a mandatory procedure for all employers in the public sector.

2) What substances qualify as drugs?

The drug testing law of Puerto Rico do not specify any particular substances as drugs, although any substance that is controlling is defined as a drug.

3) Employer policies

This is probably one of the very few states that have a detailed section on what the company drug testing policy of the employer should contain. It is a must for each employer to have a written policy and it is mandatory that they cover certain points that are outlines by the state laws.

4) Employer notices

Employers in Puerto Rico are expected to hand out notices that are written to both applicants and employees before they first begin the testing process. A notice is to be handed out even if there is an amendment in the employer’s policy. All notices have to be handed out a minimum of 60 days in advance.

5) When can someone be tested?

Testing can be called for as a pre requisite for applicants. It can also be called for after an employee has had an accident or is in recovery from substance abuse. The employer can exercise the right of random testing as well, or if he or she suspects that an employee might suffer from drug abuse.

6) Where the testing is carried out?

Drug testing can only be carried out at a lab that is approved by the state in Puerto Rico. The state laws do not allow for employers to have their own testing facility.

7) Procedure for testing for drug abuse

Protecting the employee’s privacy is of the utmost importance. In general cases substance abuse is tested with the help of a urine sample. No observer is allowed while the sample is being provided. The sample is collected only once the person leaves the bathroom.

8) Who bears the costs?

According to all state laws in Puerto Rico, the employer is required to settle the costs that are incurred by the employee for the tests. The employer is also legally bound to consider the time spend during the testing as work time and is expected to pay compensation to the employee for the same.

9) What are the consequences of a positive result?

If an employee tests positive for the use of drugs then he or she has to verify all the screening results that are initially taken. The employer can also choose not to fire the employee at his or her own discretion. This is subjective to the employee completing the rehabilitation program and not testing positive again. As part of the retention, the employer is also allowed to ask the employee to get periodically tests done. However, if the employee violates any of the above or tests positive in follow up tests, the employer may impose a suitable disciplinary action on him or her.

10) Who must be tested for drug abuse?

Employers who have any employee who works in the following businesses must be tested:
-those working in the business of making guns
-those that work in the transportation industry
-any security personnel
It also has to be noted that no employee can be tested more than twice in a year.