Most American businesses have a drug problem. More than 8 million US employees use illegal substances according to a report by the US Department of Labor. The Institute for a Drug-Free Workplace reported that 37% of respondents to a Gallup survey claimed workplace drug abuse to have increased in the past 5 years.
These numbers make it necessary for all organizations whether covered by DOT drug testing regulations or not to establish policies for a drug-free workplace. It is also important for employers to know about recent developments on the local, state, and federal front regarding changes in legal drug policies.
Why is Drug Screening Important?
Illicit drug users can have a major impact on the organizational output depending on their job type and responsibilities. For certain employees, abusing drugs at the workplace could affect the lives of other people. This includes employees that operate heavy machinery or are responsible for the safety and health of others.
According to the National Council on Alcoholism and Drug Dependence, drug abuse costs American employers $81 billion every year. Drug abuse tends to affect workplace judgment and concentration. Your employees may inadvertently place your organizational setup at risk if illegal drugs are involved. It is recommended to formulate a drug-free company policy even if you are not required to.
Importance of State Drug Testing Laws
Things are changing drastically on the drug abuse front. Substances such as marijuana that were banned nationwide earlier are gaining legal nature in few states. This makes it important to stay up-to-date on state laws. Employers should also be aware that they cannot randomly (without prior notice) conduct drug tests.
While it is your responsibility to ensure that you create a safe working environment for all employees, demanding employees to submit to a drug test on a whim is illegal. Your employees are people and they have rights. This is why you should be aware of state and federal drug testing laws. You need to protect the rights of all employees. There are several legal ways of protecting your business and employees while ensuring a drug-free workplace.
It is illegal to test employees or job applicants for drugs and alcohol based on a whim, even if you have grounds for reasonable suspicion. While there are no laws that require adults to mandatorily submit to drug testing, there are a few regulations that enable organizations to carry out drug screening. However, this needs to be within legal boundaries.
For instance, you need to establish a comprehensive drug-free workplace policy in writing. The policy should have all the necessary elements and must be communicated to all employees and stakeholders within the organization.
Establishing a Drug-free Policy
You need to establish a drug and alcohol-free workplace policy if you want to eliminate drug and alcohol abuse at the workplace. The U.S. Department of Labor (DOL) offers guidance on developing this policy on their site through a Drug-Free Workplace Advisor. It is important for the policy to lay down the groundwork of your program.
It should clearly answer the following:
- Purpose of your program
- Employees covered under the program
- Established timeline for the policy to be applied
- Types of prohibited behavior
- Whether employees will need to notify the organization of drug-related convictions
- Are searches part of the policy
- Extent and type of drug testing
- Consequences of policy violation
- Steps for return to work after positive results
The policy needs to be explicit about everything that will not be tolerated at the workplace in regards to drugs and alcohol. It should also list out the consequences clearly.
Types of Drugs Tested
There are two common drug screen panels that employers use for screening. Most DOT-regulated organizations use 5-panel testing, which involves testing for:
- Cocaine
- Amphetamine/Methamphetamine
- Opiates such as heroin, codeine and morphine
- Phencyclidine or PCP
- THC (marijuana)
The other popular drug screen is 10-panel testing. This generally includes:
- Cocaine
- Amphetamine
- Methamphetamine
- Opiates such as heroin, codeine and morphine
- Phencyclidine or PCP
- THC (marijuana)
- Propoxyphene
- Methadone
- Barbiturates
- Benzodiazepines
Several marijuana users can pass detection if they use medical marijuana with low THC levels. You can choose to include prescription drugs as well, such as Adderall, Penicillin, Novocain, Hydrocodone, Xanax, Valium, Rohypnol, Ativan or Oxycodone.
Access to Drug Test Results
Drug test results may be considered personal health information as per your state drug testing laws. There may be restrictions on the manner in which these results can be shared with others. Regulations may stipulate whether current drug tests or an employee’s drug history can be shared with others, such as with a future employer during pre-employment background testing.
Most employers get around this by having their workers sign a release form. This is usually done at the time of the test. This allows the employer to gain access to test results.
Regulations around Drug Testing
It is important to know that drug testing should never be targeted or used to single out an individual. Drug testing programs should have clearly documented rules. All supervisors and managers should receive thorough training about the process and company policy. They should be able to answer clearly and unambiguously any questions their respective teams may have.
Consistency and complete transparency are vital to create a drug-free workplace. Rules should never be bent or made flexible to accommodate any single person at any given point of time. Drug testing is thought to be most effective when carried out at the right times. Most organizations follow this testing plan:
- Pre-employment
- Random testing
- Post-accident
- Return to work from a hiatus
- Follow-up to previous drug tests
Pre-employment drug testing has gained increasing popularity over the years. This is because employers want to make conscious hiring decisions. However, without random or reasonable suspicion testing, pre-employment testing may fall short. Many job applicants abstain from drug abuse before joining a new organization. However, they soon fall prey to old habits after securing employment.
Employers need to consider all applicable local, state, and federal regulations while carrying out drug testing. This is important to avoid discrimination lawsuits.
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