Employee Testing

Substance abuse - be it drugs or alcohol - at workplaces costs everybody. Not just the employer but also the employees. For the employer, drug and alcohol use may result in loss of productivity, increased risk of accidents and increase in employee turnover. For the employees, it could mean the loss of morale, team spirit and integrity in the working environment - apart from security and safety issues if the individuals are employed on risky and safety sensitive jobs.

So, faced with the increasing potential and actual risks involving drug usage in the workplace, as well as legal and moral requirements to provide a safe, secure and healthy workplace environment, many employers are turning to employee drug testing, as well as drug screening programs, to reduce these risks.

As per federal rules, most employers need to check prospective employees for drug and alcohol abuse. The state and federal laws require the employer to collect information about the employee such as education, arrest, court or criminal records, credit reports or bankruptcy filings, driving records and vehicle registrations, medical records and workers' compensation, military service records, property ownership, state licensing records, character references or interviews with neighbors.

The Department of Transportation (DOT) requires employee drug and alcohol testing in what way?

The Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing of safety-sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines and other transportation industries. DOT publishes rules on who must conduct drug and alcohol tests, how to conduct those tests and what procedures to use when testing. These regulations cover all transportation employers, safety-sensitive transportation employees and service agents — roughly 12.1 million people. Encompassed in 49 Code of Federal Regulations (CFR) Part 40, the Office of Drug & Alcohol Policy & Compliance (ODAPC) publishes, implements and provides authoritative interpretations of these rules.

Pre-employment drug testing

Pre-employment drug testing has become a common hiring requirement. With the US Department of Labor estimating that drug use in the workplace costs employers up to $100 billion dollars annually in lost work time, accidents, health care costs and workers compensation costs, more and more employers are implementing drug testing and screening procedures. The majority of all Fortune 500 companies do employee drug testing.

Most pre-employment drug testing is urine-based. This form of testing is considered to be an 'intelligent' test. Generally pre-employment drug screening helps the employer to develop a healthy and more productive working environment, improving profits and also helps in monitoring drug and alcohol abuse in the workplace. Most companies have a written drug testing policy that requires job applicants to be drug-free. All applicants who have received a conditional offer of employment must take a drug test before receiving a final offer of employment.

Random drug testing

Random drug testing is the most effective format with a growing number of corporations using this form of testing. The objective of a random drug test is deterrence, as the threat of detection is much higher versus other testing methods. The goal of random testing is to discourage drug use among employees by not telling anyone who or when or where they are to be tested in advance.

Post accident drug testing

An employee is required to undergo a drug test after an accident to determine if he/she was under the influence of drugs or alcohol at the time of the accident. Post-Accident testing is often used in the transportation, manufacturing, and construction industries or when a company vehicle is involved. This type of testing can reduce the company's liability. Companies that implement this type of testing are often eligible for lower insurance and worker's compensation rates.

Probable Cause drug testing

Probable drug testing is carried out when an employee is suspected to be under the influence of drugs or alcohol while at work. This term should be defined within a company's Drug Testing policy to prevent discrimination.

Return-to-duty drug testing

Employees who have violated their companies' drug testing policy and are allowed to return to work must submit to a return-to-duty test. Follow-up tests are conducted unannounced and at least six tests will are generally conducted in the first 12 months after an employee returns to duty. Follow-up testing may also be extended for up to 60 months following return to duty. The test results of all return-to-duty and follow-up tests of the employees must be negative.

Effective August 31, 2009, the Department of Transportation ('DOT') will require employees in safety-sensitive positions to submit to 'observed' urination drug testing for all follow-up and return-to-duty drug tests. DOT regulations require these employees to complete substance abuse programs before returning to their safety-sensitive positions.

Follow-up drug testing

Much in the same manner as return-to-duty drug testing, employees who have previously violated their companies' drug testing policies must submit to return-to-duty and consequent follow-up drug testing.

Follow-up tests are conducted unannounced and at least six tests will are generally conducted in the first 12 months after an employee returns to duty. Follow-up testing may also be extended for up to 60 months following return-to-duty. The test results of all return-to-duty and follow-up tests of the employees must be negative.

Effective August 31, 2009, the Department of Transportation ('DOT') will require employees in safety-sensitive positions to submit to 'observed' urination drug testing for all follow-up and return-to-duty drug tests. DOT regulations require these employees to complete substance abuse programs before returning to their safety-sensitive positions.