When an employer requests a drug test
from an employee, the employee is either instructed to go to a collection site
or the employer will perform an on site drug test. There, the employee’s urine
is collected in a specially designed secure cup and sealed with a tamper
resistant tape (if the sample is going to a lab). The laboratory then tests the
urine sample for several drugs using an analyzer that performs immunoassay as
the initial screen. If the urine screen is positive then the sample is used to
confirm the findings by
gas chromatography -
mass spectroscopy (GC-MS) methodology. The test results are relayed to an MRO (Medical Review Office) where a medical physician reviews the results. If
the result of the screen is negative, the MRO informs the employer that the
employee is clean and has no detectable drug in the urine. However, if the test
result of the immunoassay and GC-MS are positive, the MRO contacts the employee
and tries to determine if there is any legitimate reason for the employee to
have a positive result such as a medical treatment or prescription.
Types of Drug
Tests
Drug Testing FAQs
Employee
testing or random screening as it is otherwise known is
currently one of the most hotly debated forms of testing today.
On the surface, random testing appears to be a violation of the
Fourth Amendment of the Constitution, which states “to be
secure in their persons, houses, papers and effects, against
unreasonable searches and seizures.” In addition to this,
the Fourth Amendment states as well that “no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.” Despite
this statement in the Constitution, the US Supreme Court ruled
in Skinner v. Railway Labor Assn. 489 U.S. 602 (1989) in
favor of random drug testing. The main reason for random
drug testing is to deter drug use, thus making the work place a
safer environment.
Hallmarks of Successful
Drug-Free Workplace Programs
Employers who have successfully
implemented drug-free workplace programs offered these suggestions to
employers who are just beginning to address the issue of alcohol and other
drug abuse
in their own organizations:
Think Things Through
Starting a drug-free workplace program
requires careful planning. It’s important to think ahead, define clear goals
for the program, and seek advice from other employers with experience when
you need it. Learn as much as you can about existing programs and policies
before you begin.
Involve Employees
Work with your most valuable resource:
your employees. They can help get the message out, clarify goals, and make
sure the program fits into the daily reality of your workplace. Showing
employees that you value their input vests them in the program and helps to
make it work. Most estimates indicate that at least 8 out of 10 of your
employees are probably not abusing alcohol or other drugs -- they are
already part of the solution.
Emphasize Fairness
Drug-free workplace programs are serious
business. Violating a drug-free workplace policy could mean that someone
will lose a job or not be offered one. Protect your organization with
procedural rules that are clear, fair, and consistently applied. The policy
should also include provisions for appeal. With these steps in place,
employees are more likely to support the program and trust that the employer
will carry it out fairly.
Consider the Collective Bargaining Process
Where drug testing is a mandatory
subject of collective bargaining, the rules for involvement of employee
representatives are clear. Even when drug testing is not subject to
collective bargaining, or when it is mandated by law, discussing the
drug-free workplace policy with union representatives can be very useful.
They may have model programs or other ideas to offer, and they can be very
helpful in communicating program purpose, procedures, and policies to the
employees they represent.
Protect Confidentiality
Employees will support and have faith in
your drug-free workplace program when their confidentiality is protected. If
employees choose to tell coworkers about their private concerns (e.g.,
results of a drug test), that is their decision. However, when an employee
tells you something in confidence, you are obligated to keep it between the
two of you. To ensure employee support of the program and avoid legal
problems, make confidentiality a priority and spell out the penalties for
anyone who violates it. (See the Supervisor’s Guide for more information
about confidentiality.)
Ensure Accurate Testing and Objective Review
If your program includes alcohol or
other drug testing, satisfy yourself and your employees that samples are
correctly collected; the chain of custody is flawless; the tests are
conducted by properly trained and supervised laboratory technicians using
equipment that is appropriately maintained; laboratory performance and
accuracy is independently reviewed; and results are communicated through a
medical review officer (MRO) trained to render judgments.
Ensure Proper Use of the Program
Fair procedures and provisions for
appeal reduce the possibility of misunderstandings between employers and
employees. Train your supervisors to carry out their roles in the drug-free
workplace program appropriately, and review and evaluate their performance
in this area to prevent misuse of the program.
Ask For Legal Review
Whether you write the first draft of
your policy yourself or tailor an existing policy to your needs, having your
program, policy, and procedures reviewed by an attorney experienced in labor
and employment matters in your State is extremely important. An attorney can
advise you on any relevant State laws governing drug-free workplace programs
or employer testing, and on how the Americans With Disabilities Act (ADA)
may affect your program implementation. An attorney can also alert you as
laws and regulations change over time. (See the Supervisor’s Guide, "Other
Issues" section, for more information about the ADA.)
Pay Attention to the "Human" Factor
A drug-free workplace program that
communicates care and concern for employees is more likely to succeed than
one that seems scary or that intimidates employees. Providing assistance for
employees with alcohol or other drug problems is one way employers can
communicate that they care. Not every organization can afford to cover the
costs of treatment for alcohol or other drug abuse; however, you can
encourage employees to seek outside help and make it clear that help is
available.
Ensure Good Communication and Ongoing Review
Explain your drug-free workplace program
by using a variety of communication strategies. The message should be clear
from the start. Effective ways to communicate include written materials,
charts, meetings, question-and-answer sessions, and a suggestion box.
Employers who are successful at this know it is important to repeat the
message periodically, watch how the program works on a day-to-day basis,
invite feedback, and revise the program as needed to meet the specific needs
of the workplace.
Stay Current
Drug-free workplace programs are being
studied and improved all the time. Keep current by joining local drug-free
advocacy groups or coalitions. Some trade and professional associations also
provide up-to-date information about drug-free workplace issues. Some
employers ask an employee group to periodically review the program and
suggest appropriate changes.
Address Concerns and Barriers
Employers with successful drug-free
workplace programs report that they had a number of barriers to overcome
before implementing a successful program. The following are examples of
common barriers you may face as you consider implementing a program:
Is my company too small?
No organization is too small to be concerned about creating a workplace
free of the effects of alcohol and other drug abuse. Problems related to
alcohol and other drug abuse can arise in a workplace of any size, and a
workplace without a policy or program is exactly where problems are
likely to occur.
Will a drug-free workplace program cost too much
money?
You can be part of the solution without spending a lot of money.
Although smaller businesses usually have fewer resources for hiring
outside trainers or for paying for treatment, they can do something.
Free or low-cost assistance is often available. Implementing a drug-free
workplace program in stages is another option; for example, you could
begin by establishing a clear policy that defines the company’s
expectations. That way, everyone knows what to do if an alcohol or other
drug problem arises. The materials in this kit offer suggestions to help
you minimize the cost of a program.
Will I be sued?
Drug-free workplace policies, drug testing, and personnel actions that
are tied to violating a drug-free workplace policy are widely accepted
employment practices. As long as confidentiality is protected and the
employer implements the policy in a fair and consistent manner, the
chances of being sued are minimal. Again, have your policy and
procedures reviewed by an attorney who is experienced in labor and
employment matters in your State -- before you put the policy/program in
place.
Do I need to bother? . . . Wouldn’t I know if
employees were abusing alcohol or other drugs?
Abuse and addiction are serious, complex, and progressive illnesses. You
may not "know" about an employee’s condition until the later stages of
the disease process because that is when problems related to abuse or
addiction become most apparent. So you may or may not know if employees
are abusing alcohol or other drugs.
Organizations that don’t have drug-free workplace programs tend to be
places where alcohol or other drug abusers want to work. Having a
program in place now can reduce costly problems in the future. In
addition to all of the other health, safety, and security risks that can
arise, no employer wants to be the employer of choice for people who
abuse alcohol or other drugs.
Will having a program create negative attitudes
among employees?
Employees will be concerned and have questions about any new policy or
program. Because of the sensitive nature of a drug-free workplace
program, it is important to involve employees, listen to their questions
and concerns, and explain why the decision has been made to implement a
drug-free workplace program in the organization. If the program is
presented in a positive way -- not as punishment -- the chances are good
that employees will respond positively. |
