As more states legalize marijuana, its usage becomes less regulated. Is it more likely that employees may arrive to work impaired if drug use becomes more common? Does this risk the safety of your workplace and your other employees? In part, yes, it does.
Your duty as an employer, human resources manager, or safety manager, regardless of your company's industry, is to keep your workplace and employees safe. To help with this, we've created a quick guide to assist you in better understanding employer drug testing and how it may help you maintain a drug-free and safe workplace.
What Type of Drug Screens are Available?
With the various drug tests available, what do you need for your business? What should you do if an employee's behavior appears unusual or suspicious? Do you send them on their way? Can you test your staff at random if you believe it is necessary?
Unfortunately, drug screening is not a "one-size-fits-all" solution; therefore, understanding the many types of drug screens available is critical in order to select the best option for your organization. We're here to clarify what you can and cannot do in terms of employer drug testing.
The specimen types collected during a drug test include:
- Urine
- Hair
- Saliva
- Blood
Pre-employment Drug Test
Employers may mandate a drug test as a condition of employment. This is a preventative measure designed to aid in the enforcement of a drug-free workplace. Employers send their candidates to an authorized occupational clinic or urgent care center for this sort of drug screen, where a drug screen technician will collect a drug screen. It is critical to standardize this approach for all job candidates in order to avoid claims of discrimination.
Reasonable Suspicion Drug Test
When an employee's behavior appears unsafe, abnormal, or unsuited for work, a reasonable suspicion drug test can be requested with your partnering clinician. This drug test is used to ensure the safety of the employee and their peers. All instances involving the employee must be documented, and you, as the employer, have the ability to terminate the employee for being under the influence at work. Your partnering clinician can provide the relevant documents if necessary.
Random Drug Test
In California, can you drug test your staff at random? No, not legally. An employer can only "randomly test" an employee if they pose a threat to public safety.
On the other hand, commercial drivers or drivers with a DOT certificate, these employees are selected by an outside third-party administrator or a computer program. The random selection system ensures that each employee from a group of employees has an equal chance of being chosen for a test. For example, if an employer has a hundred people with a 50% random proportion for a year, fifty people will be drawn at random each year.
Post-Accident/Injury Drug Test
After an accident, it is recommended that employers drug test their employees to determine if alcohol or drug use contributed to the incident or injury. "The U.S. Department of Labor has reported that drug and alcohol abuse in the workplace causes 65 percent of on-the-job accidents and that 38 percent to 50 percent of all workers' compensation claims are related to the abuse of alcohol or drugs in the workplace," according to the September 2014 issue of Occupational Health & Safety. (From OHS Online)
What is a Federal and Non-Federal Drug Screen?
The drug screens given in your workplace will be defined by the needs of your industry and will fall into two categories: Federal (DOT) and non-DOT (Non-federal).
Federal Drug Screening
Commercial drivers who transport hazardous materials, transport 16 or more passengers, or operate a Commercial Motor Vehicle are subject to random and post-accident drug testing, and employers can request a drug test as part of the recruitment process. For more information on the Federal Motor Carrier Safety Administration (FMCSA) requirements, please visit https://www.fmcsa.dot.gov/ or contact one of our occupational medicine specialists.
Non-Federal Drug Screen
A Non-DOT drug test is one given to a worker in an industry not regulated by the United States Department of Transportation (DOT).
Drug Test Results
Now that your employees completed a drug test, how do you receive the results? Most clinicians offer an employer portal where you will be provided access to results for tests and other reports related to your business. You will be notified with a pass or fail.
When results are "non-negative," a Medical Review Officer is required to review the results. A Medical Review Officer (MRO) is a licensed physician who is responsible for examining laboratory data provided by a drug-testing program and identifying medical explanations for non-negative drug test results. The MRO will contact the donor to see if there is a valid reason for the positive test result. If found to be valid, the employee cannot be fired due to medical necessity.
For more information regarding drug test results, contact us at (949)207-3786.
Drug Testing Available in Mission Viejo and Rancho Santa Margarita
If you haven't already, now that you've been provided the information you need to better understand drug screen types, applications, and restrictions, it's time to address your company's drug screening needs. To determine what is recommended or required for your specific business, we recommend reviewing industry-standard guidelines and speaking with an occupational consultant or a specialist here at AFC Urgent Care Ladera Ranch.
We treat each of our business partners' operations as if they were our own. Because, in the perspective of your employees, we are an extension of your organization. Our staff understands the value of your employee's time and experience, and we have your company's best interests in mind from the moment they walk into our lobby.
Regulations vary by business; if you are an employer interested in opening an account with AFC Urgent Care Ladera Ranch and determining what kind of drug screening alternatives apply to your organization, give us a call; our occupational medicine experts are delighted to provide you with the assistance and answers you require.
Sources
“Implications of Drug Use for Employers.” National Safety Council, https://www.nsc.org/work-safety/safety-topics/drugs-at-work/substances.
Joe ReillySep 01, 2014. “Drug Testing & Safety: What's the Connection?” Occupational Health & Safety, https://ohsonline.com/articles/2014/09/01/drug-testing-and-safety.aspx.
“Drug Testing Resources.” SAMHSA, The Substance Abuse and Mental Health Services Administration, https://www.samhsa.gov/workplace/resources/drug-testing
“Employee Breath Alcohol Testing: The How and Why.” ProHealth, 7 May 2021, https://www.prohealthfl.com/employee-breath-alcohol-testing-the-how-and-why/.
