Testing It Up

In a move to increase the confidence of Arizonans who patronize “for hire” vehicles, Governor Jan Brewer approved a bill earlier this month that requires drug testing for taxi, livery, and limousine drivers.

Gov. Brewer signed into law SB 1087, a first-of-its-kind legislation in Arizona, which mandates taxi, livery, and limousine companies in the state to conduct pre-employment drug testing and annual, random drug testing on all drivers. The new law also requires these companies to maintain the drivers’ drug testing results and make them available at all times for inspection by the Department of Weights and Measures as part of the state licensing process.

“It is critical that Arizonans who patronize taxi and limousine services feel safe and assured the person behind the wheel is drug-free,” Gov. Brewer said in a news release. “This common sense but crucial measure will increase the safety of Arizona public transportation, and may ultimately save lives. I thank the Arizona Department of Weights and Measures for its work and persistence in bringing this bill forward. I am proud to sign it into law.”

Kevin Tyne, Director of the Department of Weights and Measures, is grateful that state officials have finally recognized the need to implement additional safety measures that would protect consumers, particularly senior citizens and people who rely on taxi and livery services.

Workplace drug testing has become common place across the U.S., as well as in other countries. Its benefits include a safer work environment; increased employee morale and productivity; and reduced health care costs, attrition rates, and absenteeism.

There are a number of legitimate reasons why an employer should consider drug testing workers. Whether you’re running a small business or a large enterprise, it’s important that you let your employees know that illegal substances will not be tolerated in your workplace and so are people who report to work under the influence of drugs or alcohol. This message should be properly communicated to the workforce through the organization’s drug free policy.

But despite the benefits of workplace drug testing, many employers skip or delay implementing such policy because they are uncertain about how far they can go in screening job applicants and existing employees for drug use. This is understandable, though, as there are several federal and state laws that employers must adhere to in order to avoid future legal battles. Some of these laws include the Americans With Disabilities Act, the National Labor Relations Act, the Fair Labor Standards Act,  the Drug-Free Workplace Act, and the Omnibus Transportation Employee Testing Act.

In addition to getting familiar with a handful of workplace-related laws, an employer is also deemed liable for the conduct of their drug testing service agents, such as the medical review officers, specimen collectors, and laboratories. Hence, some employers would rather hire a lawyer with solid background in corporate drug testing to help them create an effective and flawless drug-free policy.

A well-crafted drug testing policy does not only state what kind of drug tests will be conducted, when the drug test will be conducted or who will be subject to the drug test. It must also comply with federal and state laws governing labor employment and fair workplace practices. This way you prevent the chances of your workplace drug testing policy from becoming a source of liability.

Previously, we have shared with you reports about employers getting tough on employees who smoke and the growing dilemma of some businesses when it comes to finding workers that do not use drugs. Even though the U.S. has a lot of laws pertaining to the distribution of tobacco and alcohol, as well as possession and use of illegal drugs, many employers feel that having a drug-free policy in their organization is the most effective way to combat a range of problems, including tardiness and absenteeism, attrition, workplace injuries, and high health care claims.

But how does a company begin in creating a drug-free policy?

As we already know, Colorado and Washington have legalized recreational marijuana use. Will the measure affect how employers in both states should treat marijuana use among employees?

Mike Rich, an Occupational Health and Safety Professional with Safety Services Company, discusses some good points about marijuana legalization and whether or not it could hinder an organization’s goal to have a safe workplace.

“If marijuana were to be legalized, I think it would be treated in the same way as alcohol by most employers, essentially it is ok to drink at home, but don’t show up to work under the influence. However, the greater problem … is determining what level of THC in the blood stream is enough to be considered the influence,” Rich said.

Rich notes that while drug testing and counseling services are vital in promoting a drug-free workplace, there are other effective strategies that an employer can put in place to minimize drug abuse, such as eliminating or reducing factors that could invite drug use.

For employees who are seriously considering a drug-free workplace policy, Rich shared useful tips on what to consider when deciding on the contents of the program, drafting it and implementing the program.

To read the full text of the interview, visit Interview With Mike Rich on Drug Abuse in The Workplace.

Drug abuse undoubtedly has an impact on the community, and for employers into the United States, it means an estimated cost of $276 billion a year.

Seventy six percent of people who are dealing with drug and alcohol issues are employed. These employees, according to the Substance Abuse and Mental Health Services Administration, are not as productive on the job. They are more likely to take long lunch breaks, leave early, or sleep on the job, and are three and a half times more likely to be involved in a workplace accident. Their health care expenses also cost twice as much as their co-workers.

Employers attempt to control substance abuse costs in two ways: drug testing, and the implementation of an Employee Assistance Program.

In the state of Oklahoma, changes made to its Drug and AlcoholTesting Act provide employers with more latitude in conducting drug tests for their employers, and reduces the cost of unemployment insurance by denying claims from former employees who lost their jobs because they failed a drug test.

Before these changes, which took effect in November, a worker could be subjected to drug testing if the employer had reasonable suspicion. The amendments provided “for cause” testing, and expanded the circumstances that would trigger a drug test, such as negative performance patterns and excessive or unexplained absenteeism or tardiness.

Former state Rep. Dan Sullivan, one of the authors of the bill, shared: “We wanted to make sure we protected employees … but also make it simpler for employers to implement.”

Drug Free Workplace Program Sign

Creating a drug free workplace can be a hard task. Starting a drug testing program usually is the first step to that goal. Even that can be hard. So here are few points to consider when you are trying to build that drug free workplace.

1- Plan Carefully: A drug policy for your company is not something which should be taken lightly. You need to give the process careful thought and write out the policy so that the information is clear and well-explained. Don’t again DON’T create a plan just to catch that one guy you are thinking is coming to work high.

2-Talk to Workers: Because the policy directly affects your employees, getting their feedback and allowing them to assist you in developing the plan is a wise choice.

3-Write the Policy: Something as important as the drug policy for your company absolutely needs to be in writing and should be readily accessible to all employees. Having the policy in writing is important not only it might be required by law, but also because the rest of the staff needs to see that the policy is being applied fairly throughout the company.

4-Accuracy: One of the main concerns your workers are going to have is that the drug testing results will be inaccurate. To reassure them, you should stress the precautions taken against such a possibility. Explain that double tests are performed on the specimens, federally certified labs are being used, and employees have the right to request a re-test before any disciplinary action is taken against them.

5-Talk to Lawyers: This is obvious but sometime skipped to save cost or time. Always, always consult your attorney. Try to make sure your attorney is qualified to consult you on this subject.

6-Communication: Having open communication with your staff about drug testing is essential to its success. Their feedback can help you improve the policy and the programs associated with the drug testing procedures. If they are freely able to voice their concerns, you will have a chance to defend and explain the policy so that the workforce will come on board with little resistance and reduced morale.

This post is written by John Arkin from TestCountry.org

Sorry for no post yesterday. Got caught up with work. I was on the phone with one customer for two hours! They wanted to know everything about all of our drug testing products. And I mean everything. I was actually browsing our own store website while talking to her because she was finding the most obscure products and asking the most specific questions. Glad that’s over.

Anyway, I was surfing around on YouTube on my lunch break today and found this clip from “The Office.” How fitting, don’t you think?

Drug testing in the workplace can be useful in keeping employees and employers safe and promoting a productive work environment. However, some bosses just don’t get it. However, employee drug testing, in all seriousness, is an effective way of curbing drug abuse in the workplace.