Confirm Biosciences Blog

Setting Up a Drug Testing Program in the Workplace: Legal Implications

Beyond Pressure — Tue, 21 Feb 2012 12:28:30 +0000

Setting up a drug-free workplace program is not an easy task. Aside from that there is no general outline that every other employer can just borrow, the circumstances may vary even after you have carefully evaluated your company’s unique needs. Add to that the complexity of the laws concerning drug testing in the workplace.

Probably the best way to protect your company from legal problems is to seek the help of professionals who have had experience in setting up drug testing programs. This team may include a lawyer to guide your company in making sure that the new policies are consistent with your existing rules and with government laws.

When planning a drug-free workplace policy, employers must consider several federal laws, including the Drug-Free Workplace Act of 1988, the Omnibus Transportation Employee Testing Act of 1991, the U.S. Department of Defense’s Rules and Regulations for Defense Contractors, the National Labor Relations Act, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1964, and the Family and Medical Leave Act of 1993.

Some laws compel employers to address substance abuse in the workplace, while other laws protect the basic civil rights of the workers. Striking a balance between addressing substance abuse and protecting workers’ rights is one tough job every employer must face.

Setting Up a Drug Testing Program in the Workplace: What to Include

Beyond Pressure — Sat, 18 Feb 2012 12:24:27 +0000

Most drug testing programs only cover the detection of common drugs, such as cocaine (COC), marijuana (THC), opiates (OPI), methamphetamines (mAMP), amphetamines (AMP) and phencyclidine (PCP). However, with the changes in the way people abuse drugs and the types of drugs now commonly abused, using regular drug tests may not be enough. Here are some of the things you need to include in your drug testing program.

1. Steroid tests. Many companies have already included testing for the abuse of steroids, which have gained popularity in fields that require strength and performance enhancement. Athletes, law enforcers and construction workers are some of the target groups for steroid testing. Including steroid tests not only discourages the abuse of drugs, but also promotes fair play for all and ensures safety for everyone involved.

2. Nicotine tests. With the wide awareness on the dangers of smoking, employers have also become more open to conducting nicotine tests in the workplace. Also, without anti-smoking policies at work, costs on health care may increase and employee productivity may fall due to frequent smoking breaks.

3. Prescription drug abuse tests. While prescription medication can be obtained legally, it is not a secret that so many individuals have fallen into the trap of prescription drug addiction. Although the drugs may serve a purpose for some, when taken in excess, these drugs could cause illnesses, hallucinations or even death. Companies must, therefore, make sure that employees are not into abusing prescription medication in and out of the workplace.

4. Alcohol tests. When under the influence of alcohol, a worker may not be able to perform at his best, thus leading to decreased productivity. Also, the employee may put co-workers in danger, especially if he occupies a safety-sensitive position.

Setting Up a Drug Testing Program in the Workplace: What to Avoid

Beyond Pressure — Fri, 17 Feb 2012 11:24:37 +0000

Starting a drug testing program in the workplace is one of the most significant steps in the global fight against substance abuse. Having drug-free workers ensures the quality of your product or service, as well as ensure the safety of all employees in your company. Starting a drug-free workplace program is not without obstacles, though. While you may need the help of professionals to assist you in coming up with your company’s program, here are some of the basic things to avoid when setting up a drug testing program at work.

1. Using a general drug testing program. Always remember that what applies to some may not be best for you. While some concepts and practices may be shared, fully adopting a general program may not be the best way to go. Companies must perform their own evaluation of their unique needs and strategies.

2. Employee-specific drug testing program. A common error committed by many employers is formulating a program that aims to get rid of certain problem employees. This will not only possibly lead to discrimination cases, but will also show other employees that the program is biased. If this becomes the case, the program will not have the support of the workforce.

3. Non-comprehensive drug testing program. The program must not focus solely on the conduct of drug testing (costs, method, scope), but more importantly on what to do later with employees who test positive. What will be the sanctions to the employee who tests positive? Will the employee be sent to a rehabilitation facility? Will the company or the employee pay for it? If the employee completes the rehabilitation program, will he be allowed to go back to his original position?

US Alcohol Testing Scheme to be Adapted for London Problem Drinkers

Beyond Pressure — Thu, 16 Feb 2012 13:36:39 +0000

The Ministry of Justice and Deputy Mayor of London Kit Malthouse is supporting a US-based pilot scheme to be implemented in London to discipline drinkers charged with serious alcohol-related offenses.

The 24/7 Sobriety Programme which is originally a concept patterned from South Dakota in the US will become an option in sentencing problem drinkers, instead of sending them to prison. This will be the first time that such a program for drinkers will be practiced in the UK.

In the program, a drinker-offender will be given sobriety tests just like in US. If an individual is a candidate for the program, he will be given electronic tags to monitor alcohol levels in the blood. Offenders will not be sent to prison, but if they continue to violate the rules under the program, they will get a taste of prison life.

There may be a number of concerned officials and citizens who question this initiative, if this could really discourage problem drinkers from their habits and keep them sober, but the government is optimistic about it and is already in the planning stage of how to effectively apply it in the whole of UK.

Deputy mayor Malthouse said: “Using the bracelets (electronic tags) participants will be tested every half an hour to make sure they haven’t been drinking.” The official adds that not only are they aiming to remove alcohol in the community but also in homes where alcohol usually plays a big role in domestic violence. He says having the electronic tags is a more cost-efficient way to deal with problem drinkers than having to send them to prison.

Portable Detection Device to Help Police Identify Drugs

Beyond Pressure — Tue, 14 Feb 2012 11:11:59 +0000

TruNarc, a new drug detection technology, has caught the attention of Quincy police, and they are hoping the test will be allowed in court.

TruNarc is a portable drug-detection device that can detect the presence of substances in a particular sample. Unlike current practices on detection of drugs and pharmaceutical compounds being done in the laboratory by technicians, this type of testing comes in the size of a regular GPS. This means the results come sooner than having to send samples to a laboratory and waiting for results.

Also, when drug test results are to be used in a court case, the chemist who conducted the tests must be present in court. Lt. Patrick Glynn, the head of the Quincy police drug unit, said: “As time goes on … hopefully, we can utilize this as a standard instead of having the chemist come in to the court.”

He added: “Now, in every drug case, the chemist that handled every substance comes in and testifies. With budgets, that’s not always feasible. What we’re hoping is the printout that comes from analysis of the drugs, coupled with officer experience and testimony, will be enough to forward the case.”

The device costs $20,000 and Quincy Police Department plans to purchase 2, using money from asset forfeiture funds.

St. Michael’s High School in California to Drug Test Students

Beyond Pressure — Sun, 12 Feb 2012 12:50:05 +0000

St. Michael’s High School, a private Catholic school in California, may soon be implementing a drug testing program that would require students to submit to drug tests in the fall.

Parents of students in grades 7 through 12 received an email message that states “St. Michael’s High School is considering implementing random drug testing of its students beginning fall 2012.”

Principal Sam Govea or one of his vice principals will be taking hair samples from the students. They will be trained by the Psychemedics Corporation, which has clearance to perform drug tests with both head and body hair. The tests will be able to detect cocaine, marijuana, opiates, methamphetamine and phencyclidine (PCP).

Principal Govea said: “We’re excited about this opportunity to help our kids. I think this is a great thing, giving our kids another reason to say no. Drugs are everywhere — I don’t care what school you are at. We can’t stick our head in the sand about it; we have to be proactive.”

He also noted: “Everyone’s first inclination is to ask, ‘Do you have a drug problem?’” He said: “When you have one kid taking drugs, you have a drug problem.”

The school aims to test 10 to 15 percent of its student body annually.

Colorado House Committee Clears Drug Test Bill for TANF Applicants

Beyond Pressure — Sat, 11 Feb 2012 12:59:00 +0000

The drug testing bill that would affect cash assistance recipients in Colorado gets through a Colorado House committee. The Health and Environment Committee passed the bill on a 7-5 vote.

House Bill 1046 requires anyone applying for benefits under the federally funded Temporary Assistance to Needy Families program (TANF) to pass a drug test before receiving benefits. They would also have to shoulder the $45 cost of the drug test.

Those who pass the drug test will get a reimbursement on the cost of the drug test and will get TANF benefits. Those who fail will not get reimbursement and TANF benefits. They will also be barred from applying for benefits for a year. Failing a second time will mean getting barred from applying for the next 3 years.

Rep. Jerry Sonnenberg (R-Sterling), sponsor of the bill, asked members of the House Health and Environment Committee: “If you can spend money on drugs, why do you need the government’s check?”

There are around 28,000 people who apply for TANF benefits each year. The amount beneficiaries get varies according to household size and income. Household income must not exceed $15,000.

Changes in DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs

Beyond Pressure — Fri, 10 Feb 2012 12:22:51 +0000

The Substance Abuse and Mental Health Services Administration (SAMHSA) accepted the recommendations of the Drug Testing Advisory Board (DTAB) that would revise the DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs.

The revisions would include expanding the drug testing panel to include additional Schedule II prescription medications (e.g. hydrocodone, hydromorphone, oxycodone, and oxymorphone) and adding oral fluid as an alternative specimen for Federal Drug Free Workplace Programs (DFWP) testing.

While these changes are expected to be in place only after several months of continued deliberation nad rolling out, this is still considered a good development by many employers who now have more tools to detect drug abuse and implement effective drug abuse prevention programs in the workplace.

Drug Testing Medicaid Recipients in Illinois

Beyond Pressure — Thu, 09 Feb 2012 12:40:44 +0000

Illinois Senator Shane Cultra, who serves on the Senate’s Public Health Committee, revealed his plans to introduce a bill that would require drug testing for Medicaid recipients in the state.

Cultra said: “It’s about reforming a system that’s broken. If you ID people with a drug habit you can funnel them into a program for treatment. It will also help weed the system of those who don’t deserve it.”

While he thinks putting up a drug screening program can save the state money, he still does not know how much. He also has no idea on the cost of drug tests and the number of recipients to undergo testing. “There will be a cost, but I believe it will be offset by savings,” he said.

Ed Yohnka of the American Civil Liberties Union of Illinois said this is an “intrusive search” and remains “unconstitutional” despite the several attempts around the country. He added: “These types of measures are built on the faulty premise that the poor use illegal drugs at a higher percentage than their wealthier counterparts. We could find just as many people using drugs if we tested lawmakers in order for them to get their salary.”

Drug Testing for Miners in West Virginia

Beyond Pressure — Wed, 08 Feb 2012 12:36:34 +0000

In the wake of the Upper Big Branch mining disaster, drug testing for miners in West Virginia was pushed to the spotlight. This is despite separate investigations showing no evidence that drug use played a major role in the tragedy that claimed 29 lives in April 2010.

Gov. Earl Ray Tomblin is pushing a mine safety bill that includes mandatory random drug testing for miners. Many mine operators are already conducting drug screening programs voluntarily. The bill reportedly does not contain provisions for drug treatment for those who may test positive.

On the other hand, Celeste Monforton, a public health expert who served on the governor’s independent panel, revealed that drug use played no role in the tragedy. He said: “I view it as a distraction. I read all of those autopsy reports, and there was nothing in the tox reports for any of those men showing that they were abusing or using drugs.”

Advocates of mine safety and families of the victims of the Upper Big Branch disaster have also called for industry-wide reforms in U.S. coal-mining.