When Should You Drug Test?
A drug-testing program is one of the steps of a comprehensive drug-free workplace program. You should have in place a comprehensive program which includes: a written policy statement, a supervisory training program, an employee education and awareness program, and an employee assistance program. You will need to make sure that your drug-testing program meets several requirements including:
- Statutory or regulatory requirements
- Disability discrimination provisions
- Collective bargaining provisions
- Any other requirements in effect
The Drug-Free Workplace Act of 1988 requires any organization which receives a contract of at least $25,000 from any federal agency to certify that it will provide a drug-free workplace.
The Federal Omnibus Transportation Employee Testing Act of 1991 requires alcohol and drug testing of employees in a safety-sensitive position (aviation, motor carrier, railroad, mass transit). Employers covered by the law must provide alcohol and drug prevention programs
Getting Started
You need to make a number of decisions about how your program will be set up and operated. The list of questions below will help you get started:
Drug Screening Questions
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Only applicants? All employees? Only employees in “safety sensitive” positions?
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After all accidents? Only after some accidents? When performance becomes unacceptable? When an employee behaves abnormally? On a random basis? As part of a physical examination?
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Only for marijuana and cocaine because they are the most commonly used illegal drugs? For all illegal drugs? For alcohol? For prescription drugs which may affect work performance?
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Weekly? Monthly? Once a year?
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Refuse to hire? Tell the applicant why you are not hiring him or her? Allow the applicant to be retested? Allow the applicant to reapply after six months?
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Fire all employees who test positive? Refer employees to counseling and treatment after the first positive but fire after the second? Allow employees more than one chance to become drug-free before firing?
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Who will collect the specimens? Will you use a confirmation test? What laboratory will you use? Will you use a medical review officer? How will you protect the employees’ privacy and confidentiality?
The Drug-Free Workplace Act of 1988 requires any organization which receives a contract of at least $25,000 from any federal agency to certify that it will provide a drug-free workplace.
The Federal Omnibus Transportation Employee Testing Act of 1991 requires alcohol and drug testing of employees in a safety-sensitive position (aviation, motor carrier, railroad, mass transit). Employers covered by the law must provide alcohol and drug prevention programs.
There are several different methods of drug testing. Each has its advantages and disadvantages.
Drug Testing Methods
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The most common form of drug testing is to analyze a sample of urine for traces of drugs. A positive test result only indicates that a drug was used sometime in the recent past; it does not tell whether or not the person was under the influence when giving the sample. For detecting alcohol, a urine test is accurate but is not used because it correlates poorly with blood levels when usual collection procedures are used.
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A blood test measures the actual amount of alcohol or other drugs in the blood at the time of the test. Unlike the urine test, the results tell whether or not the person was under the influence at the time the test was done.
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Researchers have begun studying the testing of hair and saliva to detect alcohol and other drug use. Early results suggest that testing saliva may be a valid testing method. The accuracy, reliability, and interpretation of hair testing have not yet been determined.
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A breath test is currently the most common method of testing for alcohol. The results tell if the individual is under the influence of alcohol at the time the breath sample is taken.
Who Pays for the Drug Test?
Normally, employers pay for drug tests. Sometimes employers require the employee to pay for the test and, if the results are negative, the employer reimburses the employee. If employees are expected to pay, this should be stated in the written policy. The cost of a drug test at a DHHS-certified laboratory will vary depending on the services provided and the geographic location.
Drug Testing Procedures
A clear written description of the procedures that will be used for drug-testing should be included either in a drug-testing policy or in a separate document.
Percentages of Positive Results
According to a study by SmithKline Beecham Drug Testing, annual positive rates have declined since 1987 by nearly 14%. In 1987 a rate of 18.1% was indicated and positive drug-test rates have declined significantly each year; in 1997, a rate of 5.0% was reported.
Drug Use Higher Among Workers in Smaller Businesses
According to a 1998 report released by SAMHSA, the rate of current illicit drug use was higher among workers employed in smaller establishments than among workers employed in larger establishments. The study also indicated that current illicit drug use was higher among workers employed in smaller establishments (1 to 24 employees) than among workers employed in larger establishments (25 to 499 or 500 or more employees), however, the rate of heavy alcohol use did not differ by establishment size.
Post-Accident Testing
In most states employers are not liable for Worker's Compensation claims if an employee's injury is caused by being intoxicated by alcohol, or the unlawful use of a controlled substance. An individual may be disqualified from receiving unemployment compensation benefits if he or she is discharged for chronic absenteeism due to , reporting to work while intoxicated, using intoxicants on the job, or for gross neglect of duty while intoxicated when any of these incidents was caused by an irresistible compulsion to use or consume intoxicants.
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