Workplace Drug Testing

Why is Drug Testing required in the Workplace?

Drug testing is one way you can protect your workplace from the negative effects of alcohol and drug abuse. A drug-testing program can deter people from coming to work unfit for duty and also discourage alcohol and other drug abusers from joining your organization in the first place.

Some employers believe that a drug-free workplace program and drug testing are one and the same. However, drug testing is only one element of a program. Drug testing may be appropriate for some organizations and not others. In some cases drug testing is required; in others, it is optional. When Drug testing is optional, the decision about whether or not to test will depend on a variety of factors such as the cost, appropriateness, and feasibility.

When considering a drug-testing program, the fist question to ask is, “Am I required to drug test?” If not, then ask, “Are there other reasons I should consider drug testing?” Below are some of the most frequent reasons employers give for having a drug-testing program.

• To comply with Federal regulations, e.g., the Department of Transportation, Department of Defense, Nuclear Regulatory Commission, and Department of Energy.
• To comply with customer or contract requirements.
• To comply with insurance carrier requirements.
• To match other employer efforts, and to minimize the chance of hiring employees who may be users or abusers.
• To reinforce the company position on “no drug use.”
• To establish grounds for discipline or firing.
• To improve safety.
• To convince “casual users” that the cost of using is too high.
• To reduce the costs of alcohol and drug abuse in the workplace.
• To give recovering users another reason to stay sober (relapse prevention).

What About Legal Challenges?

Many states have drug-testing laws that determine what an employer can and cannot do. Resources are available to help you find out if there are any state drug testing laws you must comply with. Avoid legal problems by using procedures that are clear, fair, consistent, and documented in a written policy. Because employment decisions based on a test result can be contested, it will be to your advantage to have a detailed policy and to understand the protections that are available to you.

Drug Testing Companies

Companies may test for illegal drugs because the test is not considered a medical exam. In fact, drug testing has become the norm in corporate America during the 1990's. According to the American Management Association (AMA), random drug testing has increased 1,200 percent since 1987 among the companies surveyed (DeLancey, 1995). Now, 80 percent of these companies test employees or new hires for illegal drug use (Greenberg, 1996). Testing is an important aspect of a company drug policy. Several issues must be addressed before designing a testing program, including:

• who to test
• what to test for
• how to test, and
• when to test.

Who to test is a big question that must be answered with respect to worker morale and legality. Everyone must be involved in the testing program. A policy to test everyone inside the company as well as prospective new hires means that workers won't view the policy as aimed at them in particular. All top management must be included to avoid legal ramifications. If everyone must be tested then discrimination cannot be used as an excuse of any employee who fails a test. If tests are only offered to new hires then present employees have no incentive to remain drug-free. Drug testing alone is the best deterrent.

What drugs to test for is the next question that needs to be addressed. The United States Department of Health and Human Services (HHS) advises that companies test for their "HHS five," which include Marijuana, Cocaine, Amphetamines, Opiates, and PCP (DeLancey, 1995). Because these are the illegal drugs that the government tests for, the private sector has followed suit and these have become the standard minimum. Many other illegal drugs as well as many prescription drugs that are typically abused can be tested for. The scope of testing should be tailored to each company depending on the level of abuse perceived in the company. Drug testing has been accurate because of testing thresholds. Trace amounts of substances don't result in a positive test result because certain combinations of legal substances can appear as illegal drugs. This is discussed in more detail in a later section.

How to test really depends on the type of test needed. There are six tests that can be utilized by the company each with positive and negative aspects.

1. The first type of test is a urine test. This is the most common with approximately 25 million tests performed in 1992. This is the only test that is federally regulated by HHS guidelines, with procedures found in the Handbook for Urine Specimen. A urine test cannot determine whether the employee was under the influence at the time of the test just if the substance is in the urine.
2. Another type of test is a blood test. This is a good measure of the current condition of an employee because it can show the level of impairment. One problem is that this test must be performed quickly in relation to the incident, making it almost impractical.
3. The third type of test is a saliva test. This is a good test because a sample is easy to collect and does not give false results but the level can be misrepresented and is only effective for eight to twelve hours following ingestion.
4. The fourth test type is a breath test. This is a very easy test to perform and can be done with a portable machine. The drawback is that is only effective for alcohol.
5. Hair testing is the most intensive because the hair contains a history of drug use and not simply the substances that are presently in the system. An inch and a half-long sample of hair can give three months of drug history. There are several problems with this type of testing though. First that test is more expensive than all the other alternatives. Another problem is that lighter hair cannot hold substances as well as dark hair so fair-haired people's history does not look the same as dark hair individuals even if they have done the same amount of drugs.
6. The final type of test is a sweat test. Substances will turn up twelve to twenty-four hours after use and detects as well as blood or saliva. A patch is applied to the employee for up to thirty days that must be worn constantly. This is annoying for many people (Patterson, 1994).

When to test is the final question that must be asked. Drug tests cost $20 to $30 per test so proper testing methods will keep costs down while still producing the desired results. There are five different times or methods of timing for drug tests. Companies use one of these five methods or a combination that will get their goal of a drug-free workplace accomplished within the cost they can afford.

1. The first type is pre-employment testing. This is by far the most common time to test. The goal of testing at this time is to decrease the chance that the company is hiring an individual with a drug problem that can be costly if the problem is located later. Advertising that a position is contingent on a drug test results in fewer numbers of applicants due to self-screening. A company in Florida noticed a 50 percent drop in applications when they posted a sign saying that the job is based on a negative test result. They set up a camera and noticed that the drop was due to potential applicants leaving after reading the sign (Lipman, 1995). They were attracting the type of people that they wanted.
2. The next method for testing is a reasonable-suspicion or for-cause test. In this case a test is given only to employee how show erratic or non-normal behavior. Sudden tardiness or decreased performance would be examples of this behavior. This type of test is used to confirm a drug problem. The problem with this type of testing is that it is very subjective. Supervisors can run into discrimination problems if documentation of behavior is not conclusive.
3. The third method for testing is post-accident testing. Any time an employee causes injury, death, or property damage they would be tested under this policy. This can also be expanded to include unsafe workplace practices but this also could fall under for-cause testing. Wording in the written policy could place it here. This method of testing is on the rise due to many states having passed legislation that denies workers compensation to employees that test positive for drug use after an accident.
4. The fourth method of testing is random testing. This type of testing is most likely to deter drug use because of the not knowing factor. Names are chosen at random by a computer that has all employees in a database. There is a modified version of this method in which only safety-sensitive jobs are used in the database. This provides random testing for only the areas of the company where safety is an absolute must. An example would be just the truck drivers or airline pilots. Random testing in general is complicated because there are several states that prohibit this method and others that restrict the method.
5. The final method is rehabilitation and post-rehabilitation testing. This type is only for individuals who have had a drug problem and have been rehabilitated. Once returning to work they would be subject to random testing for a given period of time. Their job is contingent on the continued passing of drug tests.

Effects of Employee Drug Abuse

The effects of employee drug abuse can be classified into three different categories:

Poor job performance Increased absenteeism and Poor interpersonal relationships on the job. Poor job performance includes an increase in irregular work habits and mistakes, poor judgement, missed deadlines, secretive behavior, difficulty recalling instructions, disciplinary problems, and alternating periods of high and low productivity. Increased absenteeism involves morning tardiness, unauthorized absences and leaving work early. Arguments with co-workers and complaints from customers also become more common. (Garcia, 1996)

If an employee has a substance currently in their system, several signs may be present. Performance problems, as has been mentioned earlier, would include failure to follow instructions, working at an inappropriate pace, damaging parts, making inaccurate calculations, and on-the-job absenteeism. Dilated or constricted pupils, redness in the eyes, blurred vision or excessive sweating are all physical signs of current use. Lack of coordination, mood swings, excessive crying, euphoria, anger, and laughter are also signs of intoxication. (Kelemen, 1995)

There is a considerable difference between an employee who has come to work intoxicated once or twice and the employee who has developed a pattern over a period of days or months. This would be considered an addiction. There are different stages of addiction that should be identified. The first stage is considered the experimentation stage. The substance is usually used for special occasions and the tolerance is still quite low. This often leads to regular use where the user has developed a preoccupation with the substance. This is the stage where weight gain or loss may occur, the employee may likely be irritable, blame others for problems, overreact to criticisms and their performance continues to deteriorate. The stage of dependency occurs when the individual uses not to feel good but to avoid feeling terrible. Their job performance is definitely damaged at this point. (Kelemen, 1995)

The Costs of Not Implementing Employee Drug Abuse

Absenteeism:

• Wages paid for days absent or for time tardy.
• Wages paid for temporary staff to fill in.

Accidents/Damage:

• Wages paid for days absent
• Wages paid for unproductive hours during downtime
• Wages paid for temporary personnel
• Increased expenses for medical claims
• Cost of replacing damaged equipment
• Legal fees, court fees, investigative fees, travel costs

Health Care:

• Increased costs for insurance, physicians and hospitalization
• Employee time cost

Theft/Fraud:

• Wages paid for unproductive hours during downtime
• Costs of repairing damage or replacing stolen items
• Cost of hiring security services and/or consulting services
• Legal fees, court fees, investigative costs, travel costs

Workplace drug testing is an essential demand reduction component of a prevention program because it:

• Serves as a deterrent to continued use of an illicit substance
• Provides a means to detect and, thereby, identify employees or job applicants who are using illicit substances
• Assists employees in recognizing and admitting their abuse problems so that they may obtain necessary treatment

Presently, urine is the only specimen collected for Federally regulated Workplace drug testing programs and for most private sector programs. Urine drug testing in the Federally regulated Workplace is currently recognized as the "Gold Standard" because of its proven accuracy, reliability, and fairness. This "Gold Standard" status is based on:

• Use of Forensic Custody and Control Procedures from specimen collection to the final analytical procedure in the laboratory
• Exhaustive quality assurance procedures for both the initial and continuing certification of the laboratories in the National Laboratory Certification Program
• Analytical procedures to ensure no false positive results and minimize false negative results
• Validity testing
• Review of laboratory positives by a trained Medical Review Officer (MRO) for alternative explanations and as another quality assurance reviewer of the entire process
• Procedures to ensure confidentiality of the donor throughout the process including the reporting of results to the employer

There are a number of different biological specimens that can be collected and tested for drugs, although urine is the only specimen collected for Federally regulated Workplace drug testing programs and for private sector programs that use the Federal standards. Testing hair specimens is becoming more common in some unregulated, private sector programs. Oral fluids and sweat are also used in some testing programs and non-instrumented, on-site test devices are available for screening of both urine and oral fluids. Although the technologies of hair, oral fluids, sweat and non-instrumented, on-site drug testing are not currently approved for use in Federally regulated Workplaces, the Substance Abuse and Mental Health Services Administration (SAMHSA) through its Division of Workplace Programs and Drug Testing Advisory Board (DTAB), is actively appraising, in partnership with industry, the eligibility of these other biological specimens and devices.

After it became usual practice for federal employees to go through drug testing, states started following suit. Presently, thirty two states have enacted employment alcohol and drug testing laws and while most are very primitive in requirements how an employee may undergo drug testing, could be also many variations. For example, some of these drugs screening law protect the employees from workplace drug testing while another protect and even encourage employers to conduct employee drug testing. Some states give workers compensation premium discounts to employers who adopt drug free workplace program while other states remain neutral or even opposed to employer

When and How to Intervene

When a teenager's or employee’s performance begins to deteriorate for whatever reason, the parent / supervisor has the right and responsibility to intervene. The supervisor does not need to be an expert on alcohol and other drugs to intervene appropriately if substance abuse is suspected; the intervention should be focused on the performance problem.

Principles of Intervention

• Maintain control of the conversation
  • Stick to the facts as they affect work performance
  • Do not rely on memory; have all supporting documents and records available
  • Do not discuss alcohol or drug use
• Be clear and firm
  • Explain company policy concerning performance
  • Explain company substance abuse policy
  • Explain consequences if performance expectations are not met
• Be supportive but avoid emotional involvement
• Offer help in resolving performance problems
• Identify resources for help in addressing personal problems