Many employers in the United States have drug testing programs, which may make you wonder whether it’s something you should implement at your workplace as well. In some businesses, there are government requirements that drug testing has to take place in order to ensure safety. However, in the majority of workplaces, this isn’t a major concern.
Drug testing can help with discouraging recreational drug use, which would boost safety and productivity. That being said, it can also have negative effects, such as making non-drug users feel put upon or as if they have to prove themselves. And there are recreational drug users who are excellent workers who limit their usage to non-work hours and never show up impaired.
Key Takeaways:
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Drug tests are fairly common in workplaces in the United States.
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They are often administered pre-employment, annually, after a workplace accident, or due to reasonable suspicion or for a cause.
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Urine tests are by far the most common type of drug test, followed by saliva tests.
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Drug tests must be administered fairly and legally.
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The pros and cons of implementing a testing program should be considered beforehand.
Reasons to Administer a Drug Test
Drug testing is a fairly common practice among employers in the United States. There are various reasons for it, mainly having to do with safety and productivity. Drug testing is seen as serving to both deter and prevent drug abuse among workers. That being said, it’s important to do it both legally and fairly, or you’ll foster resentment – and open yourself up to be sued.
Drug tests are typically administered in certain timeframes or circumstances so as to prevent discrimination or being used punitively. Here are the common ones that are generally accepted:
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Pre-employment. Getting a drug test before being given an official offer is commonplace in the United States. It’s a way to be sure that the potential employee isn’t a habitual user of alcohol or cannabis or that they aren’t using illegal substances. Generally, it’s understood that the offer is rescinded if they don’t pass.
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Annual testing. If a test is done annually, it’s usually part of a physical examination. However, it’s required to notify employees that a drug test is part of the exam if you choose to do this, or you’ll be violating their rights and setting yourself up for a lawsuit.
This is typically only done in jobs where physical fitness and mental acuity is a prerequisites, such as for firefighters, police, operation of heavy equipment, or truck drivers.
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Reasonable suspicion or for-cause. Should an employee show up to work obviously impaired, have a severe decline in their work output, or begin acting otherwise suspiciously, it is possible to have them take a drug test on reasonable suspicion. This is especially important if it could endanger others, such as if they operate machinery.
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Accident review. After a workplace accident, those involved can be subject to a drug test, doubly so if they were the cause or had been practicing clearly unsafe behavior. This is to see if alcohol or other substances were a contributor to the accident.
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Post-treatment. Some workplaces will offer employees struggling with substance abuse a treatment program. If they’ve returned to work after completing such a program, you can have them tested at intervals in order to ascertain that they’re staying drug-free.
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Random administration. This type of test is most common for workplaces that want to deter drug use. They should be truly random in order to maintain fairness, so the interval between them and who is tested should be unpredictable and variable. To prevent an appearance of bias, you can also test everyone at random intervals.
Varieties of Drug Tests
The majority of drug tests look for five categories of drugs: marijuana, cocaine, opiates, and phencyclidine (PCP). Other substances can include barbiturates, benzodiazepines, ethanol, hydrocodone, MDMA, methadone, methaqualone, or propoxyphene. How specific the test should depend on how strict the employer wishes to be and how important it is for safety.
Depending on the circumstances and what type of drug you’re testing for, there are different methods available. Usually, employers only use one of them, but there could be reasons to utilize others.
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Urine test. This is far and away the most common drug testing technique. If your workplace has federally mandated safety tests, then this is the only method approved for that. It also has the benefit of still being able to detect drugs after the effects have worn off.
Most tests of this nature look for five to ten different substances. They can detect amphetamines, methamphetamines, barbiturates, benzodiazepines, cocaine, marijuana, MDA or MDMA, opiates, nicotine, or alcohol.
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Saliva test. Tests of this type are the second most common. Samples are gathered via a mouth swab, making it very difficult to adulterate or substitute. It can detect usage from within a few hours up to a few days. It can work for any type of employment testing, such as pre-employment, post-accident, or random testing.
Saliva is simple to gather and can be tested for the presence of alcohol, barbiturates, benzodiazepines, cocaine, ecstasy, marijuana, opiates, amphetamines, phencyclidine, and methamphetamines.
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Blood test. This is a much more specific type of test, used to determine if someone is under the influence of drugs at the current moment. That’s why it’s typically used by law enforcement and in toxicology reports in a medical setting. It’s also an invasive procedure, as it requires being stuck with a needle, but it’s very hard to adulterate.
As a rule, blood testing isn’t particularly useful to employers. It has too short of a detection period. It does have the advantage of being able to detect a very wide range of drugs, including alcohol, amphetamines, cocaine, fentanyl, marijuana, opiates, nicotine, phencyclidine, methamphetamines, and tramadol.
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Hair test. Tests of this sort are much better for looking at long-term drug use. For most employers, this is going to be of limited use unless you’re offering treatment plans for employees. Drugs can be detected in hair for around 90 days.
Hair tests can reveal long-term usage of cocaine, marijuana, cocaine, opiates, ecstasy, amphetamine and methamphetamine, phencyclidine, and alcohol.
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Rapid test. A rapid test is generally done for the purpose of getting a fast result – typically within four hours. For alcohol, a breath test can even be done, giving essentially instant results. In other cases, urine or saliva are used. They can be done in the workplace or at a clinic.
Due to the rapid nature of the tests, their results are less reliable. That means that any positive outcome would be required to have a confirmation test. These results will be available in a two to three days timeframe.
Properly Conducting Drug Tests
Properly administering drug tests takes some effort and precision. First of all, the tests must either be done at a Health and Human Services (HHS) certified laboratory or collected by a trained collector. The chain of custody must be rigorously documented so that there isn’t a risk of tampering or contamination.
The rules and regulations surrounding drug testing vary from state to state, meaning that you need to check the guidelines in the state that you live in. However, it is generally believed that employers are entitled to enforce a drug-free workplace.
Before implementing a drug testing policy, make sure to consider the implications. Ask yourself some questions.
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How often are drug tests given? Are you considering an annual test, random testing, or just pre-employment screening? How effective will any of these tests be? In the case of pre-employment or annual, it’ll be easy enough for workers to avoid using any substances around these periods, meaning it may not reflect their normal usage.
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Who’s responsible for paying for the tests? In the majority of cases, the employer will pay for it, but it isn’t legally required in most states. However, requiring employees to pay for their own drug testing isn’t likely to raise morale.
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What substances are you going to test for? Most employers go for either the five-panel test that covers marijuana, cocaine, PCP, opiates, amphetamines, and MDMA. Others will go further with a ten-panel that includes the previous drugs as well as methadone, benzodiazepines, barbiturates, methaqualone, and propoxyphene.
If the job requires the operation of heavy machinery or continual driving, additional tests such as for alcohol may also be done. Other designer drugs may also be included. This will depend both on personal preference and federal or state requirements, depending on what sort of workplace you run.
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How will you ensure that the tests will be accurate? You will need to make sure to use a reputable establishment, as well as make sure that the staff follow guidelines, such as protecting the chain of custody.
Certain types of tests are also easier to adulterate or fake, meaning that you have to consider how likely this is to happen and how important it is to catch it.
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What rights do employees who received a positive test have? This will vary depending on what state you live in. Most employers have a zero-tolerance rule, meaning that failing a drug test results in dismissal. However, there is a chance for false positives (even if it is very low), meaning that the employee may have a right to appeal.
It will also depend on what drug they tested positive for. If it’s an illegal substance, the employee will likely have far fewer rights. However, if it’s a prescription drug, alcohol, or marijuana (where it’s legal), they will likely have more rights.
Guide to Drug Testing FAQ
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Are there false positives in drug tests?
Yes, there are false positives in drug tests. However, they are rare. Even in the case of over the counter drugs that can trigger a false positive, such as the decongestant ephedrine showing as an amphetamine, there have been improvements to limit the possibility. Confirmation tests also drop the chances to almost zero.
The person getting the test should also complete a history of what they’re taking in terms of prescription, over-the-counter drugs, and herbal remedies. Medical review officers are aware of what combinations can create a false positive and will consider that.
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What are the benefits of drug testing employees?
Regular drug testing has the benefit of ensuring safety and productivity. In workplaces where being sober is important for the safety of the employees and the public, drug testing helps to make sure employees stay sober and catch those that aren’t.
How much drug testing actually helps with productivity is a matter of some debate, however, drug overuse does drop productivity. It can also help to catch those struggling with addiction and potentially get them help.
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What are the drawbacks of drug testing employees?
The primary drawbacks of drug testing are the cost and the effect it has on the candidate and employee experience. No one enjoys getting a drug test; even if they don’t have any worries, it may come back positive. It can also slow down the hiring process, as the hiring manager has to wait for the results to come back.
Employees may also feel like they have to constantly prove that they aren’t involved in wrongdoing. It can make them feel like they aren’t trusted.
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How long does it take to get drug test results?
How long it takes to get results back will vary on the test, however, most negative results come back within 24 hours. Positive results can take longer to return, as they require further testing to know what they’re testing positive for. Depending on what they tested positive for, the employee may have to present proof of a valid prescription.
It’s also important to make clear that they should notify the medical review officer of any over-the-counter or herbal medication that they’re taking so that that can be factored into the results.
Author
Di Doherty
Di has been a writer for more than half her life. Most of her writing so far has been fiction, and she’s gotten short stories published in online magazines Kzine and Silver Blade, as well as a flash fiction piece in the Bookends review. Di graduated from Mary Baldwin College (now University) with a degree in Psychology and Sociology.
