Employment Drug Testing Presented by: Matt Moshiri Jon Miller Matt Niemann Kit Love Mike Berry

Facts 98% of Fortune 200 companies do drug testing Drug use costs employers $75 to $100 billion annually (US Dept. of Labor) Motorola example 65% of all “on the job” accidents are related to drugs or alcohol Substance abusers utilize 16X as many health care benefits compared to non-abusers Substance abusers are 6X more likely to file for workers compensation than non-abusers

Why is Drug Testing Important? 74% of all drug abusers are employed 1 out of 6 workers has a drug problem In a survey of drug abusers: 44% admitted to selling drugs to coworkers 18% admitted to steal from other employees Drug abusers on average: cost employer $7,000 - $10,000 per employee annually cost companies 300% more in medical costs and benefits are absent up to 16 times more often are 1/3 less productive

What Do They Test For? Five-panel test of “street drugs” (Standard) Marijuana (THC) Cocaine PCP Opiates (i.e. codeine and morphine) Amphetamines (incl. methamphetamines) Ten-panel test (Some employers) Test for the five-panel drugs Check for certain types of legal prescription drugs Check blood alcohol levels Sedatives (i.e. valium)

Drugs in Your System All times are approximate averages for urinalysis: Marijuana 2 weeks Cocaine 3 days PCP 7+ days Codeine 2 – 3 days Morphine 3 – 4 days Heroin Methamphetamines 5+ days

Developing a Drug Testing Program Develop program appropriate for your organization Steps for development 1. Analyze past history 2. Review basic components of policies 3. Check laws 4. Involve managers and supervisors 5. Educate managers and supervisors 6. Develop and implement formal policies and procedures

Types of Testing Programs Pre-employment tests Post-hiring tests Post employment tests

Pre-Employment Tests Most common type of testing program Shouldn’t be implemented without first establishing formal policies and procedures Courts have generally upheld their legality Best practice: Should obtain consent Indicate and document that drug testing is a requirement

Post-Hiring Tests Testing of current employees Training and education for managers and supervisors Establish “guidelines for discipline” in case of positive tests

Post Employment Tests Usually random testing Usually conducted for: Safety sensitive positions Suspicious individuals Post accident Certain industries (Dept. of Transportation) Truck drivers Legally sensitive Employer should have a program in place prior

Types of Tests Laboratory Urine Sample (Urinalysis) Detection time is 2-3 days for most drugs Applicant goes to a “collection site” Urine sample is taken and sent to a certified laboratory Negative results usually available within 24 hours “Beatable” Employer Tests Detection time is only hours Similar to home pregnancy test Useless if positive Less expensive

Types of Tests (cont’d) Blood Testing Detection time is usually only hours Not preferred method Blood borne infectious diseases Skilled sample takers Intrusive Hair Testing Detection time is 90 days Drug residue permanently entrapped No embarrassment Convenient

Types of Tests (cont’d) Saliva Testing Used for marijuana analysis Tests for residues Easily “beatable”

When Results are Positive Most programs use an independent physician called a “Medical Review Officer” to confirm Contact the applicant for a possible medical explanation Applicant can usually pay for a retest at a laboratory of their choice Urine is retained from the positive test If still positive, employer must follow its policies and procedures Employment Assistance Programs (EAPs)

Drug Free Workplace Act (1988) “…requires that government contractors try to ensure that their workplaces are free from drug use. Employers are required to prevent the use of illegal drugs at their work sites and to educate their employees about the hazards of drug use. While the law doesn’t mandate drug testing, it-along with other more narrowly focused laws and regulations-has led to a general acceptance of drug testing, both of current employees and applicants, across the United Sates.”

Issues No national guidelines Making them more defendable Random testing (more difficult to defend) Privacy rights Balancing test Reasonable suspicion Best justification OTETA (1991) ADA Attributes of a good policy

Debate How should employees who have positive drug test results be treated? Should the manager discharge them or attempt to rehabilitate them? Should employers test for marijuana use? Does marijuana really affect an employees performance? What about medicinal users?

Questions or Comments?