Drug Testing: A New Ball Game

It is estimated that substance abuse costs the US $276 billion a year

- SAMSHA

Lewis Maltby believes that drug testing is a waste of money. He claims it's doesn't make the workplace any safer. "The tests have many flaws, including job candidates' ability to clean themselves out."

State laws can vary regarding the legality of drug testing. Maltby says most states allow pre-employment drug screens, but others don't permit a reasonable-suspicion or random post-employment testing unless there has been an accident on the job.

Illicit drug users report that they would be far less likely to work for employers who conduct random drug testing when compared to those who do not use illicit drugs.

- National Survey on Drug Use and Health

Maltby isn't entirely wrong. That's why more companies are looking to hair tests as "cheat-proof" testing options. Hair tests are effective in detecting repetitive, habitual use in employees over a 90-day period of time.

And despite concerns about state regulation, drug testing doesn't appear to be going anywhere. More employers are choosing hair tests, and random drug testing is up to about 12% nationwide. That's up 2% in five years.

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Medical Marijuana in the Workplace

In April 2008, Michigan deemed medical marijuana a legal right, and since then about 5,100 people have registered as users with just over 1,000 denied applications. The prescriptions are for pain relief among people who are chronically and terminally ill. Michigan isn't alone, 13 states across the county have legalized marijuana for medicinal use.

What happens when a medical marijuana user tests positive for a drug test? In an article for freep.com, Kathleen Gray investigates.

In states where employees have tested positive for drug use but were medicinal users, the law has consistently sided with the employer.

Michigan's laws aren't clear cut. One section states that the user cannot be "subject arrest...or denied any right or privilege including...disciplinary action by a business," yet another portion states "nothing in the act shall be construed to require an employer to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana."

Executive director of the Institute for a Drug Free Workplace, Mark de Bernardo states, "Marijuana is a dangerous drug that detrimentally affects the workplace. It has impacts on health care costs, productivity, accidents, and employee turnover."

It seems that users are not protected by this law from losing their job. Should a positive test come back, as it would for any prescription drug, an MRO should deem that a prescription in fact justifies the use, it seems it is up to the employer whether or not they would like to take the risk of having a pot smoker in their workplace.

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Drug Testing can Increase Profitability

It is estimated that there are over 14 million drug users in the United States. 75% are thought to be in the workforce.

Statistically, employees who are frequently absent, who are involved in more work related accidents, those who make more compensation claims, have poor production, or who steal cost more to employ than those who don't. Being a drug users raises the probability of exhibition of all these behaviors.

Drug users cost more to employ.

When compared to employees without a diagnosed substance abuse problem, alcohol abusers are 2 times as likely, drug abusers are 3 times as likely, and alcohol –and-drug abusers are 4 times as likely - - - to be hospitalized for an injury

35% of employees have seen / heard of drug use on their current job.

Implementing a pre-employment drug screening program or a random program if you already have the pre-employment are effective ways to curb drug abuse, to weed out those who are using, and to discourage drug use in the workplace. It will raise your production, and your profitability.

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Random Drug Tests Result in 15 Resignations

The City of Mission, Texas has one of the strictest drug testing policies among the Rio Grande Valley cities. They drug test every employee working in “safety-sensitive” positions at least once a year. They show zero tolerance if they uncover illicit drug use.

“The testing is to make sure you have a clean slate of employees that are working at 100%,” Julio Cerda, City Manager said, “I need to make sure we have zero tolerance of any drug whatsoever, including alcohol.”

As many as 15 city employees, all from the same department of about 150 have resigned after failing a mandatory drug screen. Mary Norberto Salinas confirmed the number, which is about 10% of the workforce.

The importance of a good drug testing program is obvious to Mission. Those whose jobs require the use of heavy or dangerous equipment or who drive on duty are a risk if impaired. Not only to themselves, but to any person around them.

Some employees have voiced concern over the testing for alcohol saying that if someone the substance might be lingering in their system but they may not be impaired. Cerda adamantly backs up the program. A person would have to be drinking all night or while at work for alcohol to show up positive in a drug test, and that compromises public safety.

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