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.

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.

An increasing number of job seekers in the U.S. are risking their chances of landing a job because of failed drug tests.

In the latest Drug Testing Index™ (DTI) data released by Quest Diagnostics, positive results for pre-employment urine drug screening in the country’s general workforce rose by 5.7 percent in the first six months of 2012 than in all of 2011. Marijuana continues to be the most commonly detected drug, followed by amphetamines.

“The uptick in U.S. general workforce pre-employment data suggests that employers should be mindful of illicit drug use among prospective employees,” Dr. Barry Sample, Director of Science and Technology for Quest Diagnostics Employer Solutions, said in a news release. “These findings align with recent news reports citing some employers facing increasing drug positives when recruiting new workers.”

In January, The Wall Street Journal cited another Quest Diagnostics report that showed many U.S. employers are facing the challenge of finding potential employees because many are failing their drug tests. The problem was particularly worrisome in parts of Pennsylvania, Ohio and West Virginia.

But while pre-employment positive rates have increased, positive results for random drug testing were down by 5.8 percent. In the federally mandated, safety-sensitive workforce, positivity rates in pre-employment urine drug screening remained unchanged from 2011 through the first half of 2012.

Positive results for cocaine oral fluid tests had also dropped by 14.6 percent from January to June 2012, compared to 2011.

It’s been weeks since recreational marijuana use has been legalized in Washington and Colorado, but until now, many are still asking how the new law will impact drug-free policies in schools and businesses. Although some universities and organizations have already issued statement that they are not going to change anything in their drug testing policy, others continue to consult with their lawyers and await for further announcement from the government.

Still, one important question remains: how do employers in these two states handle the tricky issues associated with the passage of Amendment 64 in Colorado and Initiative 502 in Washington which collide with the federal government’s drug laws?

As often stressed in various references and by the government, marijuana is still a Schedule 1 substance and the Justice Department earlier maintained their “enforcement of the Controlled Substances Act remains unchanged.”

However, if one will review the provisions of Colorado and Washington State’s marijuana legalization measure, there was nothing that specifically address employers’ rights to drug test their employees. Colorado’s Amendment 64 states “Nothing in this section is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees.” Similarly, driving under the influence of marijuana remains prohibited.

In Washington, Costco said “Drug testing is a requirement to be hired. Nothing will change. Marijuana is illegal under federal law.”

The Boeing Company also disclosed similar stand, saying “Use of marijuana by Boeing employees is prohibited regardless of state law.”

As employers need to decide how to approach Washington and Colorado’s new marijuana laws, a legal expert, Michael W. Groebe from Foley & Lardner LLP, with experience representing employers before state and federal courts and administrative agencies offered a sound advice.

“First, employers should continue to focus on the employee’s conduct while at work. If the employee is under the influence or using marijuana at work, the new laws are unlikely to protect them from discipline,” Groebe explained. “Second, employers should remember that marijuana remains prohibited under federal law. Even with Colorado’s “Lifestyle” law that prohibits employers from disciplining employees for engaging in lawful conduct while off-duty, federal law still makes the use of marijuana unlawful.”

Additionally, if an employer requires drug testing, including the policy in the employee handbook and informing job applicants and existing employees could prevent the organization from wasting money on pre-employment drug tests.

Drug testing has become common practice in the workplace for years. But with Washington’s new marijuana legalization law, are employers going to change their workplace drug policy anytime soon?

Several Washington businesses told News10 that the new pot law isn’t going to change the way they do business.

“Use of marijuana by Boeing employees is prohibited regardless of state law,” said Cathy Rudolph, from The Boeing Company.

Costco, one of the largest retailers in the US, said they will continue to drug test employees despite Washington voters’ approval of recreational marijuana use.

“Drug testing is a requirement to be hired,” said Costco Senior Vice President and Chief Legal Officer Joel Benoliel. “Nothing will change. Marijuana is illegal under federal law.”

However, things may be a little different for the Seattle Police Department. They said they will review their hiring practices, policies, and procedures for existing employees in light of the new state law.

Many employers, particularly small business owners, are facing serious doubts when it comes to implementing a drug testing policy at work. It makes a valid concern especially if you’re not sure where and how to start. A well-designed workplace drug testing policy is a good preventive strategy for a safe workplace. However, if your drug testing policy is full of loopholes, it won’t take much before you find yourself wading through a slew of lawsuits. Below are four basic steps to make sure your organization is not violating employee rights while keeping your business protected.

1. Outline a clear drug policy. Set a clear drug policy that would define the purpose and goals of the policy; the date the policy will be implemented; the kind of drug tests to be done; the penalty for policy violators; and so forth. The policy should be supportive and not punitive. Likewise, it should be supported by the top management.
2. Educate staff. It’s mandatory to inform all employees – new and existing – about the policy and make a consistent effort to educate everyone about the importance of a workplace drug policy. Managers and supervisors should be trained on the effects of drugs; what the different drugs look like; the popular street names of commonly abused drugs; and the legal responsibilities. This will help managers and supervisors exercise due diligence and proper judgment when dealing with drug-related scenarios at work.
3. Promote policy awareness. Your HR personnel should be able to communicate the policy to everyone at work. Similarly, design information drive programs that will remind your employees about your company’s drug policy.
4. Do Not Forget to Use Employee Assistance Programs. Use the EAPs to help develop a happier, healthier, and more engaged workforce. An effective employee assistance program will be a contributing factor in the success of your policy.

HRM Report, a site that provides the latest in human resource management news, shared with its readers information on drug and substance abuse testing in the workplace.

Most employers find illegal drug abuse a cause for concern, but drugs are by no means the only substance that employees abuse. This brings to light the importance of implementing a substance abuse testing package that covers other substances that, when abused, can affect the productivity and efficiency of an employee, such as steroids, nicotine and alcohol.

It is, however, important that employers ensure that they have covered every detail before launching a drug testing program, in order to prevent lawsuits by disgruntled and disadvantaged employees, which can be costly.

The feature shares the following to employers who intend to set up a substance abuse testing program: what things should be avoided and what the trends in workplace substance abuse testing are.

Employers designing a drug testing program should ensure that it is not designed for a specific group of “problematic employees”. It is also advised that employers do not simply put a substance testing program in place because all other companies have one.

Substances that a comprehensive testing program should cover include prescription drugs, nicotine, alcohol and steroids. Various methods should also be used, including hair follicle and oral fluid drug testing.

HRM Report readers are being offered an opportunity by TestCountry to download a substance abuse testing package that includes the following:
•    Drug Testing Policy Stock Template ($150 Value)
•    30 Minutes of Phone Time with a Drug Testing Expert for your questions ($100 Value)
•    10 Things to Consider Before You Start or Redesign Your Workplace Drug Testing Policy
•    7 Places Employees Hide Drugs in the Workplace
•    3 Obstacles to Overcome when Implementing Workplace Drug Testing
•    Most Popular Drug Test Cheating Methods

What’s for dinner honey? For NYPD cop Anthony Chiofalo, it was meatballs spiked with a little bit of love – pot.

His wife, Catherine, had admitted to investigators that she had spiked her husband’s meatballs with marijuana. She is using marijuana for medical reasons, as a therapy for back pain. In 2006, Chiofalo was fired after failing a drug test. And last week, the Court of Appeals upheld that decision, according to a report on the New York Daily News.

Anthony Chiofalo has been with the NYPD for more than twenty years. He had challenged his termination by Commissioner Raymond Kelly, blaming his wife’s ingenious way of forcing him to retire and arguing that the hair sample test that he was subjected to was not included in the stipulations that the collective bargaining agreement of his union had with the NYPD.

Unfortunately for Chiofalo, the panel of judges who looked over his appeal agreed with Kelly’s decision. The decision explained that the levels of marijuana found after Chiofalo’s test did not look like they could have been reached through “accidental ingestion” or “from second-hand smoke”.

If, indeed, this was all the handiwork of Catherine Chiofalo, then the missus seems to have done one heck of a job in order to get what she wanted.

The judges made the following statement in the decision that was released on Thursday: “The Court of Appeals has held that the Commissioner was empowered to choose the method of drug testing, and that choice was not subject to collective bargaining.”

New York Drug Screening

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