Guidelines for a Drug-Free Workforce
3rd Edition
Drug Testing
Summary
Tests to detect drug use can be conducted using various biological
specimens. Testing for alcohol is typically conducted by obtaining a breath,
blood or saliva sample. However, when a person is being monitored following
treatment for alcoholism, and abstinence is expected, urine may be tested.
Testing for drugs other than alcohol is typically conducted using urine samples
although some employers use hair samples. Employers regulated by federal testing
programs are required to use urine samples only for testing of drugs. Department
of Transportation regulations require breath testing for alcohol.
Most employers test applicants and employees in one or more of the
following situations:
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During an annual physical;
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Before promotions or transfers;
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Before being placed in--or routinely while in--positions involving
money, security, or safety;
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After accidents;
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For past users;
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Following treatment;
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When referred by management through just cause or reasonable
suspicion;
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On a random basis.
Details
The only methodology for drug testing approved by the U.S. Department
of Health and Human Services is urinalysis.
Urinalysis involves screening urine for the presence of drug
metabolites in a relatively simple and inexpensive procedure. Samples with
positive results are then subjected to a highly accurate but more expensive
confirmation procedure known as gas chromatography/mass spectrometry (GC/MS). No
adverse personnel action should ever be taken before completing the two-step
procedure.
Most employers look for a vendor to handle drug testing requirements.
In determining how to go about drug testing and what facility to use, consider
the following:
-
The laboratory should provide guidance in the development of
collection procedures to assure that samples are properly obtained and not
falsified;
-
The vendor should provide all materials for collecting samples as well
as specific written instructions for doing so. These may include containers,
chain-of-custody and report forms, evidence tape, prepaid tamper-proof mailers
and labels. The contract price should include these items as well as courier
service. Separate financial arrangements may be needed if a urine collection
vendor is required in addition to the laboratory services. If a separate
collection vendor is used it should be a facility that specializes in specimen
collection for the purpose of workplace drug testing.
-
Containers should not contain preservatives that might alter the drugs
or metabolites being sought. Containers should also include a built-in
temperature strip that is capable of measuring the temperature of the urine
sample. This is useful in detecting sample substitutions or other attempts at
cheating the test.
-
The laboratory and its personnel must comply with state licensing and
certification requirements.
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A clear, up-to-date laboratory methods procedure manual must be
included. Most reputable laboratories follow the procedural guidelines approved
by the U.S. Department of Health and Human Services.
-
Tests must be performed only by technicians trained and experienced in
the specific drug test procedures.
-
The laboratory must furnish an analytical plan to assure that a
positive test is followed by a GC/MS confirmatory test and that no results are
transmitted to the company based solely on a screening result. In other words,
all positives should automatically be submitted for GC/MS confirmation and
quantitation.
-
The limits of sensitivity and specificity for each test procedure
should be defined. Most employers, including non-regulated employers, follow the
cutoff levels established by the testing program of the U.S. Department of
Transportation. Any change from the laboratory's normal thresholds for detection
should be agreed upon in writing.
-
The technical and administrative procedures used should differentiate
legitimate therapeutic drug use from illicit drug use. In other words, legal
medications used by the employee for legitimate medical reasons should be ruled
out before a positive is declared. Many employers use the services of a
physician known as a Medical Review Officer (MRO) to determine whether legal
medications are involved. Employers regulated by the Department of
Transportation are required to use an MRO.
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The laboratory should be able to identify any of the normally abused
illegal drugs or their metabolites and to offer several "panels" or combination
of tests as a cost-effective option to general testing.
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Once the specimen has arrived at the laboratory via approved courier,
a confirmed written test result should be delivered within two to three days.
Employer actions should never be based upon a verbal test result. Procedures
should be established to maintain confidentiality both at the laboratory and in
the company, and refrigerated storage of positive samples should be offered by
the laboratory.
-
Expert testimony in the form of written records and personal
appearances concerning results, methodology and opinions should be available
with timely notification.
-
Laboratory personnel, technical and managerial, should be subject to a
program of drug testing.
In conducting drug testing, employers must balance legal liabilities
due to lawsuits (brought by unhired applicants and employees who refuse to take
the test or who are discharged or disciplined for positive test results) against
the well-being of customers, clients, fellow employees, and members of the
general public who may be injured or affected by a drug-using employee.
Settlements in the former category are usually in the low thousands of dollars,
while those in the latter are often in the millions.
Courts are holding more and more companies responsible for mistakes
made by poorly trained personnel operating without well-conceived guidelines. As
courts have declared, there is enormous liability when a company does
nothing or does the wrong thing in the face of the clear evidence of drug and/or
alcohol abuse throughout the workplaces of our country.
Many states have drug testing laws that determine what an employer can
and cannot do. It is important that employers determine what laws, if any, exist
in the states where they conduct business to ensure that the testing rules and
procedures established are in compliance with state regulations.
PART II: ACKNOWLEDGEMENT
I acknowledge receipt and understanding of the above written notice
and agree to abide by the terms of the company's/organization's policy
pertaining to drugs and alcohol.
_________________________________________________________________
(Signature) (Date signed)
________________________________________________________________
(Printed name (Signature of witness)
NOTE: This form should be customized with your company or
organization's name and should reference only drugs or alcohol, or both,
depending upon which options you select for testing requirements.
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