The low-down on drug testing

Drug screening can pay dividends in a safer, more productive workplace.

by Kent Sipes

Drug use on the jobsite costs in many ways. For employees, it’s a risk to productivity and health, and for employers, it can cause lost time, accidents, increased liability and affect job profitability. But there are additional costs and legal ramifications to drug testing.

Many companies require prospective employees to submit to drug screening after making a conditional offer of employment.

Post-employment drug testing can be done on a regular basis during annual physicals or at random. It may be triggered if an employee exhibits behavior that indicates possible drug use or as part of an accident investigation. 

Employees may also be required to submit to drug testing prior to accepting a new position within the  company. Employees returning to duty from drug rehabilitation are also subject to “surprise” testing six to 12 months after their return.

Reasons for drug testing
Increasingly, contractors are required by companies or government entities for which they are working to conduct employee/worker drug testing. Workers’ compensation or business liability insurance carriers may also require drug tests as a condition to coverage or to help lower premiums.

However, many contractors screen for drugs to help protect the company’s business.

Steps to a drug-free workplace
Drug testing must follow specific steps to assure it protects employee confidentiality and the employer from liability.

An effective drug screening program should include these steps:

1. Call your state’s attorney general or consult with a lawyer to identify any federal, state, or local laws with which you must comply.

2. Investigate testing labs that are certified by the U.S. Dept. of Health & Human Services (DHHS).

3. If applicable, discuss proposed policy changes with union officials.

4. Decide what your company will do if an employee tests positive. Consider establishing an Employee Assistance Program (EAP) to help manage drug use.

5. Contract with a Medical Review Officer (MRO). This is a licensed physician who has experience in evaluating the results of drug screens. The screening lab should be able to help you find one.

6. Develop a system to protect the accuracy and confidentiality of employee drug test records.

7. Designate a person to receive the test results from the lab and train them in confidentiality issues.

8. Write a clear, fair, consistent company policy on drug testing. It should cover when testing will be performed, what lab will evaluate the samples, how positive results will be handled and the appeal process. Have a lawyer review it before releasing it to employees.

9. Announce the new policy 30 to 60 days before implementation. A Q&A session with supervisors can help them be ready with answers that workers often ask.

10. Support the policy. Make it a part of your overall safety program and the employee manual.

11. Train managers and supervisors to spot behaviors associated with drug abuse.

Scope of screening tests
Typical drug screens check for marijuana, amphetamines, cocaine, opiates, PCP, and Ecstacy. Some employers also test for alcohol. 

Urine analysis is the most common form of drug testing. However, breath tests are the most commonly used for alcohol. Blood, hair, and saliva testing can also be used to screen for drug use.

For initial drug screens, you may want to consider self-contained drug screens ($14 to $30 each) that give a quick, clear indication of results. If a test turns up positive, send the sample to your drug-screening lab for more sophisticated testing. This can reduce testing costs because the lab does not have to process every sample.

Other tips for screening success
The lab you choose should be DHHS-certified for drug screening and provide fast results, preferably the same day.

The lab should return the results  in a way that protects employee confidentiality.

Make sure your sample collection procedures are standardized and strictly enforced.

It’s best if persons being tested have little or no notification of when they will be tested.

Make sure persons being tested carry nothing into the testing room.

Employee rights
The Supreme Court has upheld the rights of employers to test employees for drugs, especially in safety- or security-sensitive positions. However, employers must protect employees’ privacy, confidentiality and assure the accuracy of test results.

Employers should have a clear, written policy on drug use that is communicated to employees or potential employees.

Kent Sipes is the Training Coordinator for The Evergreen Marketing Group and a freelance writer.

Published in the July/August, 2003 issue of Contractor Tools and Supplies magazine.

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