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Employers have both a right to expect and an obligation to promote a healthy, safe, and productive workplace. Because the use of alcohol and other drugs by workers can adversely affect these interests, some form of drug testing (which can deter as well as detect drug use and facilitate rehabilitation) may be appropriate.
Starting a drug-testing program is not a simple process. A testing program must be developed in accordance with relevant legal requirements (which vary in their application to particular workplaces), for instance, disability discrimination provisions and collective bargaining requirements. In view of the complexity of these issues, top management will probably want to consult a lawyer who knows about drug-testing before developing a program.
What Is Drug-Testing?
Drug-testing is one way you can protect your workplace from the negative effects of alcohol and other 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.
While testing is generally reliable, inaccurate results may occur in the absence of rigorous procedural and technical safeguards. In an effort to identify those procedural and technical safeguards, the Department of Health and Human Services has developed and published Mandatory Guidelines for Federal Workplace Drug Testing Programs (Federal Register, Vol. 53, No. 69, 4/44/88). Any employer contemplating a drug-testing program is urged to adhere to these guidelines to assure that employees and applicants are afforded all possible safeguards.
Why Drug Test Applicants?
When considering a drug-testing program, the first question to ask is, “Am I required to drug test some or all of my employees?” 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:
- Compliance with Federal regulations, e.g., the Department of Transportation, Department of Defense, Nuclear Regulatory Commission and Department of Energy.
- Compliance with customer or contract requirements.
- Compliance with insurance carrier requirements.
- Match other employer efforts, and to minimize the chance of hiring employees who may be abuse alcohol or other drugs.
- Reinforce the company position on “no drug use.”
- Identify employees that abuse alcohol or other drugs and refer them for assistance.
- Establish grounds for discipline or firing.
- Improve workplace safety and lower accident rates (and Worker’s Comp claims)
- Convince “casual users” that the cost of using is too high.
- Deter “recreational” drug use that could lead to addiction.
- Reduce the costs of alcohol and other drug abuse in the workplace.
- Give recovering users another reason to stay sober (relapse prevention).
- Federal and State Regulations
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
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
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:
- Who will be tested? (Only applicants? All employees? Only employees in “safety sensitive” positions?)
- When will you test? (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?)
- For what drugs will you test? (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?)
- How frequently will you test? (Weekly? Monthly? Once a year?)
- What will you do if an applicant tests positive? (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?)
- What will you do if an employee tests positive? (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?)
- What tests will you use and what procedures will you follow? (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?)
Starting a good drug-testing program is not a simple process. But it can be done. Each year more companies, including small companies, decide to start some kind of program. Some companies must set up a drug testing program because of the kind of work they do (see section on Drug-Free Workplace Law). Others choose to test because it is the right business decision for them.
Drug-Testing Methods
Several different methods of drug testing are available. Each has its advantages and disadvantages.
- Urine Test
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.
- Blood Test
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.
- Saliva and Hair Tests
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.
- Breath-Alcohol Test
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.
For More Information
US. Department of Labor: 202-219-6001
www.dol.gov/dol/asp/public/programs/drugs/main.htm
Center for Substance Abuse Prevention
Workplace Help line 1-800-WORKPLACE
e-mail: info@samhsa.hhs.gov
Employee Assistance Professionals Association (EAPA)
2101 Wilson Blvd., Suite 500 Arlington, VA 22201
703 522-6272
www.eap-association.com e-mail: EAPAMAIN@aol.com
Drug Testing Myths
Many employers are reluctant to perform drug testing of prospective or current employees. However, many of the myths and questions surrounding screening programs are being dispelled as more and more companies recognize the need to institute a testing program. Below, we attempt to distinguish between those myths and reality.
Myth: What employees choose to do on their own free time doesn’t affect my bottom line.
Reality: The Department of Labor reports that the cost to employers from employee substance abuse ranges between $75 and $100 billion annually. Sixty-five percent of all accidents on the job are directly related to drugs and alcohol. Drug abusers use three times more sick time and 16 times more health care benefits than non-users. According to the Department of Health and Human Services, substance abusers file six times more workers’ compensation claims than their co-workers. All of these issues affect your bottom line.
Myth: Only blue collar and low- level workers use illegal drugs. We don’t need to test our professional and management- level employees.
Reality: Although prevalent, "street drugs" have lost some of their luster as more and more professionals abuse prescription drugs. Vicodin, Darvon, Demerol and Valium have become the drugs of choice among college-educated, working professionals. HHS reports that 75% of drug abusers are employed. The DEA reports that 25-30% of drug abuses in the workplace involves prescription drugs. Other law enforcement officials report that over 30% of drug arrests involve professionals.
Myth: We don’t need to test for illegal use of drugs.
Reality: The American Management Association reports that 95% of Fortune 500 companies perform drug screening. As more companies conduct screening, drug abusers flock to those firms that do not. The Institute for a Drug-Free Workplace warns that employers who do not test risk becoming the employer of choice for drug abusers.
Myth: We are an at-will employer. If we hear of someone who is using illegal drugs, we can quickly terminate them.
Reality: Employment laws such as the ADA offer protection for former drug users who are in treatment or who are no longer using. Without an accurate test, you are rolling the dice as to whether the person is currently using or not. You should assume that drug abusers know their rights and know "how to play the game." The Internet is full of useful tips for drug abusing employees. Without a drug testing policy, you have no way to know for sure whether someone is currently using.
Myth: Pre-employment drug testing will frighten candidates away from our company.
Reality: In a recent survey conducted by the American Management Association, 80% of companies indicated they test for drug usage by job candidates and/or current employees. Most job-candidates now view urinalysis and other drug testing as a part of the hiring process. By conducting testing, you are sending a message to top-level recruits that you hire only those people of the highest character. The only people who will be frightened away are those candidates currently abusing drugs.
Myth: Drug testing is inconvenient and complicated.
Reality: Employment drug testing adds only a few minutes to your pre-employment hiring process. The candidate executes a form (supplied by HIRE-SAFE) and is then directed to a convenient collection site based upon their ZIP Code. HIRE-SAFE has relationships with over 9,000 collection sites nationwide. It is rare that a candidate will need to travel more than 10 or 15 minutes. The test itself is private and takes only a few minutes.
Myth: Drug testing is cumbersome and will slow down the hiring process.
Reality: Negative results are usually reported within 24 to 48 hours. Positive results are verified by a Medical Review Officer and are usually reported within 48 to 72 hours. Results are delivered to the employer via Email or secure fax.
Myth: Drug testing is an illegal practice that is an invasion of privacy.
Reality: Pre-Employment Drug Testing, when conducted within accordance with the Fair Trade Administration (FTA) and the Equal Employment Opportunities Act (EEOC) regulations are both legal practices. Some state have implemented guidelines and restrictions regarding pre-employment drug testing.
Myth: My Union labor contract does not allow drug testing.
Reality: The national and local labor contracts cannot prevent an employer from exercising their legal right and responsibility to maintain a safe workplace through the use of non-discriminatory testing. The individual employer has the complete freedom of selection in hiring and can reject any job applicant referred by the Union for just cause.
F A Q’s Glossary of Terminology
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