Why have a drug and alcohol testing program?

America has one of the highest levels of illegal drug use in the world. The detrimental affect of alcohol and drug abuse in America’s workplace has been the subject of studies, nearly all of which conclude: productivity, quality, and profits suffer from employee drug and alcohol abuse. The results of these surveys show those substance-abusing employees:

  • Are more likely to be involved in accidents.
  • Are more likely to be injured.
  • Will be absent more than twice as often as the non-user.
  • Will receive sickness benefits many times those of the non-user.
  • Will exhibit reduced productivity and quality.
  • Will be involved in substantially more grievance matters and file many more workers’ compensation claims.
  • Are much more likely to steal from the company.

And there are other worksite-related problems:

  • Approximately 70 percent of all illegal drug users are currently employed.
  • Up to 40 percent of industrial fatalities can be linked to alcohol consumption and alcoholism.
  • Family members of substance-abusing employees generally have higher than average health care claims.

Are you regulated by the Department of Transportation?

The Department of Transportation requires extensive drug and alcohol testing programs. Even if you employ one commercial motor vehicle driver, your company must comply with these comprehensive drug and alcohol testing laws. Companies failing to comply with these laws face fines and penalties that can reach $10,000 per violation.

Liability

Companies have an undeniable duty to provide a safe and drug-free working environment for their employees. Companies employing workers who can have an impact on the public and its safety (commercial drivers, pilots, heavy equipment operators, mechanics, etc.), have an even higher need to ensure their workers are drug and alcohol free. These companies face tremendous liability if a drug or alcohol affected employee is involved in an accident. Few employers understand that an employee’s off-hours activities can create liability. The following is such an example:

The U.S. District Court in Washington D.C., has asked for clarification from the D.C. Circuit Court of Appeals on an issue involving the contributory negligence of a train driver found after an accident to be under the influence of drugs. The driver was found to have traces of marijuana metabolite in his system following accident. The driver admitted that the marijuana use occurred during off-hours activities. (Johnson v. Washington Metropolitan Area Transit Authority, No. 86-3110, USDC District of Columbia, Dec. 20, 1992.)

The suit was filed by the survivors of a woman who jumped in front of the train. The plaintiffs contended that the driver, who tested positive for drugs after the accident, could have stopped the train before hitting the woman if he had not been negligent.

A marijuana user—even an occasional or social user—carries the chemical component of the drug to the workplace. Because of the increased potency, researchers have shown that marijuana impairment can last several days following a single use. The chemical component of marijuana can test positive in a user’s urine for up to ten days following use. Therefore a regular marijuana-using employee can be a constant safety concern and liability for the company, one that should be addressed.

Components of Drug and Alcohol Testing Programs

Creating a drug and alcohol program begins by determining your company’s specific needs regarding its drug and alcohol program. To adequately protect your company, your program must meet your specific needs. One of the easiest ways to invite problems is to use “canned”, generic, or programs obtained from other companies. Your needs may be much less or much greater than the needs of other programs. Misjudging on either side invites added costs, legal challenges, and poor program performance. Avoid these pitfalls by determining your specific objectives and reasons for implementing a drug and alcohol testing.

The next step involves writing a company drug and alcohol policy designed to meet your objective, needs and corporate culture. Your policy should include: statement of policy and purpose, definitions and key terms, handling employees on medication lawfully prescribed, handling employees who seek voluntary treatment, testing employees, handling employees who test positive, workplace searches, disciplinary actions for policy infractions, pre-employment testing, maintaining employee testing and rehabilitation records, dealing with employees adulterating the test, and confidentiality.

After completing the policy you must create detailed procedures and forms that will guide your team in the implementation of the program. Providing step by step, easy to follow guidelines results in uniform application of the program, and consequently, less chance for legal actions.

By completing the above you will establish a strong legal foundation to conduct drug and alcohol testing. After this, your company must research and locate providers for the services necessary to implement this program.

These providers include:

  • Collection sites -- -where employees will go to provide specimens for testing; or on-site collectors who can come to your facility and provide collection services;
  • Breath Alcohol Technicians—who conduct alcohol testing according to DOT regulations
  • A Certified Laboratory—which will analyze the specimens;
  • A Medical Review Officer—who assists in determining if the drug identified in the specimen was used illegally.
  • Employee Assistance Program—who helps your company address problems related to substance abuse and other performance problems
  • Treatment Centers—to evaluate and treat employees identified as using drugs; and,
  • Drug and Alcohol Program Professionals—, who will educate, train and advise you and your personnel on identifying and managing substance abusers and the overall implementation of your program.

Next, all personnel should be educated regarding the new program. Generally, three levels training and education is required for effective implementation.

Managers must be thoroughly versed in the contents of the policy and procedures through which it will be enforced. They need this information for several reasons:

  • Managers are ultimately responsible for program implementation.
  • Managers are subject to the policy provisions.
  • Managers will be fielding questions from supervisors regarding the policy and its application.

Managers should obtain a higher level of training in order to manage employees returning to work after treatment or and managing employees who have tested positive for drug use.

Supervisors and team leaders need educated on the policy and its application. They will not only be subject to it, but they are responsible for enforcing it on a daily basis. Supervisors are responsible for making and documenting observations necessary to establish “reasonable suspicion” of drug or alcohol abuse. Determining when to initiate reasonable cause testing is the single most critical decision in the entire process, and the supervisor needs to be trained in how to do this.

Employees also must be educated on the new program. Effective employee education will not only protect you against certain litigation, but also can enhance morale and deter illegal drug use and alcohol misuse.

If your company is regulated by the DOT, your training program must meet strict criteria that comply with the laws.

Companies should also keep detailed records of their testing program. Records should contain such elements as: drug and alcohol testing records; training and educational materials; Employee Assistance Program records; and appropriate logs. Depending on the content, these records should receive different levels of confidentiality. Treatment and Employee Assistance Program records should receive high levels of security and confidence. The same goes with drug and alcohol testing results. For those companies mandated to have drug and alcohol testing programs by federal law (Department of Transportation, etc.), detailed record keeping and reporting requirements must be followed. These records are subject to review and audit by the DOT. The final component is overall program management, supervision and evaluation. Consistent application, enforcement and discipline are essential to avoid painful litigation. Continued professional management and evaluation of your program will ensure your investment returns a satisfying profit.

The major benefits are those inherently associated with having a drug and alcohol free work place.

Increased:

  • Productivity
  • Performance
  • Morale
  • Profits
  • Safety
  • Marketability

Decreased:

  • Health care expenses
  • Theft
  • Absenteeism
  • Disciplinary episodes
  • Accidents and Injuries
  • Workers’ compensation claims and
  • Injury related lawsuits.

If your entire drug and alcohol testing program prevents one injury that would have lead to lawsuit or substantial workers’ compensation claim, your company should receive at minimum a 100% return on your investment.

Because drug and alcohol abusing employees experience higher than average use of benefits, they affect the company’s profits. Each drug or alcohol abuser typically costs his or her employer about 25% of their wages.