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

2. 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

3. 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

4. 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)

5. 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

6. 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

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

8. 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

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

10. 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

11. 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

12. 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

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

14. 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)

15. 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.”

16. 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

17. 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?

18. Questions or Comments?