Drug Testing In The Workplace

In our changing world and changing society it is important that we understand the growing issue of illicit drug use in the workplace. 70% of the estimated 14.8 million Americans who use illegal drugs are employed. Marijuana is the most commonly used and abused illegal drug by employees, followed by cocaine, with prescription drug use steadily increasing (“Drugs” 1). The federal government does not require most private companies or individuals to have a drug-free workplace policy exceptions include federal contractors and grantees as well as safety-sensitive industries. The most common reasons why we drug test; required by law, reasonable suspicion, random, prior history, and workplace accidents. Not all employers are required to drug test but
nearly 80 percent of large corporations in the United States require some form of workplace drug testing (Busick, 1).
Public and private sector There are three levels federal or national, regional (state), and local (municipal or county). Education such as schools, libraries, emergency services, law enforcement, healthcare, public transit, social services, postal service, police services, are examples of public sector companies. Employers requiring drug testing may face problems under the Fourth Amendment which forbids unreasonable searches or seizures by the government. Drug testing is considered a search.
Private sector is privately owned small businesses, small professional corporations, large multinational corporations which include Apple, Exxon, Ford, General Motors, Johnson & Johnson, Sheetz, and Dell to name a few.
The federal government requires the following to be drug tested United States Department of Transportation mandates the following employees to drug and alcohol testing: Aviation FAA flight crews, flight attendants, flight instructors, air traffic controllers. Commercial Motor Carriers License (CDL) holders who operate commercial vehicles include truck drivers, tanker drivers, bus drivers. Maritime (USCG) crewmembers operating commercial vessels. Pipeline (PHMSA) operations, maintenance, and emergency response. Railroad (FRA) personnel, engine and train, signal service or train dispatchers. Transit (FTA) vehicle operators, controllers, mechanics, and armed security. Private sector employers whose employers are unionized must speak to a union representative before instituting a drug testing program for those
employees. In Pennsylvania there is no specific drug testing law. Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. However, there is a common law on wrongful discharge and two official provisions that controls an employer’s drug testing program in the workplace. An employee terminated from work due to a failed drug testing submission or procedure as required by his employer is not eligible to file and receive unemployment compensation. Indiana University of Pennsylvania has in place the Drug-Free Workplace Policy 1989-02, it states as required by the federal “Drug-Free Workplace Act of 1988,” the State System of Higher Education, Commonwealth of Pennsylvania, hereby declares as its policy that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited at any workplace under the authority of the Board of Governors. Any employee violating the policy will be referred to the Commonwealth’s employee assistance program and/or disciplined, in an appropriate manner, up to and including termination. Discipline, when appropriate, shall be taken under relevant provisions of collective bargaining agreements, Civil Service Commission policy, or other human resource policies adopted by the Board of Governors (IUP.edu).

Federal, state, local laws
The American with Disabilities Act (ADA) prohibits all U.S. employers with more than 15 employees from discriminating against qualified job applicants and employees because of a physical disability. ADA does not allow employers to drug test an applicant if he has not been offered employment yet. An employer has the right to prohibit illegal drug and alcohol use in the workplace. Under the ADA, an employer has the right to require employees to undergo drug tests. If an employee engages in the use of illegal drugs, an employer has the right to deny or terminate the particular employee. Employees who have alcohol and/or drug problems may need to meet the same level of conduct and performance set by other employees (
National Labor Relations Act (NLRA) any drug testing program affecting unionized workers must be negotiated and agreed upon with the union. The Civil Rights Act of 1964 this bill prohibits private employers from discriminating against individuals on the basis of race, sex, religion, or nationality (. Substance Abuse and Mental Health Services (SAMHSA) is the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation. SAMHSA's mission is to reduce the impact of substance abuse and mental illness on America's communities. The Omnibus Transportation Employee Act of 1991-requires randomly administrated drug test to workers in certain safety-sensitive positions. The Drug-Free Workplace Act of 1988 was ratified to help employers conduct business as a drug free work zone. Under this act laws were in place to target workplace substance abuse.
A number of states have passed legislation regarding drug testing. These laws require employers to provide employees with a written statement of their testing policy, confirmatory tests in the case of an initial positive test result, allow employees who have test positive to have the sample retested at their own expense, offer employees who test positive the opportunity to enroll in a drug rehabilitation program, and allow termination of employees testing positive who refuse to participate in a program, fail to complete the program, or violate the terms of the program.
Drug and alcohol information The Safety Management Clinic produced fast facts about selected drugs, alcohol abuse accounted for 40 percent of the 1.8 million admissions in 2006 for substance abuse treatment in the United States. Marijuana most commonly used illicit drug in the United States. Tetrahydrocannabinol (THC) is the main active chemical in marijuana, it causes short-term effects including memory and learning problems, distorted perception and difficulty thinking and solving problems. Cocaine is a powerfully addictive drug that is snorted, sniffed, injected or smoked. Effects of cocaine include bizarre violent behavior, depression, anxiety, paranoia, and loss of appetite. Phencyclidine (PCP) also known as angel dust can be snorted, smoked, or injected. The user feels detached, distant, estranged from their surroundings, slurred speech, and anxiety. Amphetamines are a central nervous system stimulant that increases wakefulness, energy, attention, concentration, and improved mood examples include Adderall, Ritalin, Dexedrine, Concerta. Amphetamines can also be called crank, speed, zip, crystal meth, go-fast. Opiates include heroin, morphine, oxycodone (OxyContin, Percocet), hydrocodone (Vicodin, Lortab), codeine, and fentanyl. Signs of opiate abuse include confusion, anxiety, constricted pupils, sedation or drowsiness, noticeable elation or euphoria.
Drug Tests Most employers request a standard drug screen, which tests for the five most common street drugs including marijuana, cocaine, phencyclidine, amphetamines and opiates.
There are five primary drug tests they include urine, blood, hair, saliva, and sweat. Urine is the most common way to test for drug or alcohol abuse but there are new sampling methods on the rise. Urine is the least expensive and least intrusive. The urine drug test usually screens for alcohol, amphetamines, benzodiazepines, marijuana, cocaine, PCP, and opioids (narcotics). Hair sampling, human hair samples are easy to collect, store, and transport, and they are difficult to adulterate (Busick, p. 1). Metabolites of drug use are transferred from the bloodstream, form sweat or oily secretions into or onto the hair, where they cannot be washed or bleached out (Busick, p. 1). Hair samples can detect marijuana, cocaine, PCP, opiates, and amphetamines. Oral fluids samples test saliva and can detect drug use from one hour to five days after use. Marijuana metabolites cannot be detected through oral samples. To collect sweat samples a person must wear a skin patch for 7 to 10 days. Drugs can be detected that occurred shortly before the patch was applied or while the patch was worn. Problems with this method include contamination by chemicals present on the skin when the patch is applied; tampering with the patch; skin rashes and reactions caused by the adhesive used to apply the patch; and possible stigmatizing of employees seen wearing the patch (Busick, p. 2). The following is a list of over-the-counter medications which have been known to cause false positives in drug testing: Ibuprofen (Advil, Motrin), Midol, Nuprin, Sudafed, Vicks Nasal Spray, Neosynephren, Ephedra and Ephedrine-based products (often used in diet products), Detromethorphan, Vicks 44. If you have used over-the-counter medications within the last thirty days be sure to tell the lab technician at the time of the drug test.
Try to alter drug test results Dilution, substitution, and adulteration are ways individuals try to defeat a drug test. Diluting the urine sample with water from the toilet or tap water, drinking a large amount of water before the test may help dilute the urine enough for the test to come back negative. Substitution includes using “clean” urine, there are many products available online including the Whizzinator. The Whizzinator is a synthetic urine device that men wear that includes dried urine, a syringe, heating packets to keep the urine at body temperature. The Whizzinator became famous after Minnesota Vikings running back Onterrio Smith was caught using it during an NFL-prescribed drug test (theHRSpecialists.com). Urine Luck (Berge, p. 2) is a concealed product that can be used to adulteration or tampering with the urine specimen by destroying nicotine metabolites that make a drug test positive. The act of evading or causing deceitful results in a test for drugs constitutes a third degree misdemeanor in Pennsylvania.
Designing a drug-free program
Implementing a program in your workplace will consist of hiring an employment lawyer if you don’t already have one to help you develop a program and keep in line with federal, state and local policies.
A written policy must be put in place and communicated to all employees ensuring that every employee receives and signs a written copy of the drug-free workplace policy. Each employee must be aware that a drug-testing program exists in the workplace, what kind of tests are included, what types of samples are to be collected, the circumstances under which employees will be tested, and what will happen if an employee tests positive. Putting a drug-free program in place will ensure better quality and quantity of work from employees. There will be minimal accidents which can lead to safety awards or bonuses giving incentives for employees to work harder and safer. Be sure that all managers, and supervisors receive proper training in how to detect and respond to workplace drug and alcohol abuse. Maintaining detailed records documenting the performance problems of all employees provide a basis for referring workers to employee assistant
programs.
Random tests. Employees are chosen randomly, and told where and when to show up for a test. Testing can be done at the workplace or at a remote location, this will depend upon whether you choose to run your own program or outsource program management. Urine testing is done at a collection site and then tested the employer should get the results in three to four days. Making testing affordable to the employee is. Urine testing costs about $30 per employee; since this is the prevalent method, it also becomes the standard for cost comparison (Busick, p. 2) oral fluids cost about $25, and hair testing $50.
Testing after there is reasonable suspicion or cause, helps prevent accidents and incidents from happening in the workplace. If and when an accident has occurred, any employee involved must be sent to be drug tested. This is an important aspect of the accident investigation and helps prevent future accidents. If an employee tests positive for illicit drugs you can refer the employee to the employee assistance program and give the person a chance to clean up before firing them. The Employees Assistance Program (EAP) is the most effective way to address alcohol and drug problems in the workplace. EAPs deal with all kinds of problems and provide short-term counseling, assessment, and referral of employees with alcohol and drug abuse problems, emotional and mental health problems, marital and family problems, financial problems, dependent care concerns, and other personal problems that can affect the employee’s work. The service is confidential (ncadd.org). after an employee completes a treatment program they must be retested before returning to work and at random intervals to ensure they remain drug free. Busick states that “Over ninety percent of employees support drug testing programs, because they don’t want to work with drug users. Or, they know drug users in the workplace, but don’t want to be responsible for dealing with the problem themselves.” Involving all employees at all levels in developing and implementing a drug-free workplace policy will reduce misunderstandings and help that your policies and procedures are fair to everyone.
When are drug tests conducted
Pre-Employment. During the interview process an employer needs to mention that there will be a drug test administered if the candidate is offered employment, this is to prevent hiring individuals who use drugs. The (ADA) prohibits pre-employment testing for alcohol use. Post-accident. When an incident happens at the workplace employee(s) need to be drug tested. Testing the injured employee, the employee who caused the accident will need to go to a separate facility where blood can be drawn to test for drugs or alcohol. Random. An unannounced, unpredictable basis for any employee whose information has been placed in a computer generated data base. Employees can be randomly tested for any given reason, after completing treatment for drug and alcohol addiction and if there is suspicion an employee is abusing drugs. Periodical: Drug testing can be administered monthly, quarterly, or yearly depending on the companies polices. Returning to work: once an employee has completed the required treatment for substance abuse they must be tested and have a negative test to be able to return to work.