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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30 Olypmic Athletes Test Positive For Drugs

More than 30 athletes have been prevented from competing at the Olympic Games in Vancouver.

Their names, nationalities, or competitive events have not been released yet.

Subjected to random drug tests months leading up to the games, pending cases were reported to the World Anti-Doping Agency (WADA). Disqualifications can be positive results or failure to comply.

WADA officials have made it clear that North American professional league drug testing is not up to par for the national sports world. WADA Director General, David Howman, said of the state of drug testing in the NHL, "It's not as stringent as you would want. We don't know if there's a [doping] problem, but you're left with the suspicion that there may be a problem if you're not prepared to front up."

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Marijuana Meatballs

New York Police officer Anthony Chiofalo was terminated after appeal for failing a drug test.

Chiofalo, a 22-year-veteran detective on the NYPD force claimed his wife spiked his meatball with marijuana, causing him to fail the test. However, judges agreed that the levels of marijuana in Chiofalo's system were inconsistent with accidental exposure.

Chiofalo's wife, Catherine, claims she smokes marijuana for back pain and told investigators she laced her husband's meatballs in hopes that he would be fired before getting killed on the job.

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Drug Tests for Missouri Public Officials & Welfare Recipients

On Thursday, Missouri elected officials agreed that public officials and welfare recipients will undergo drug screening.

Lawmakers and other state officeholders would receive a drug test before taking office and again every two years. The officials are required to foot the bill for the test, refusal to do so - or to take the test - will be considered an admission that they are using controlled substances.

Those citizens receiving cash welfare payments would be tested if the Department of Social Services felt there was "reasonable suspicion." Refusal would render the citizen ineligible to receive the benefits for one year. Children affected by the refusal would receive benefits handled by a third party outside the household.

In October, Social Service Department employees who fail to report suspected drug use are subject to immediate termination.

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The Unemployed to be Drug Tested in South Carolina

South Carolina's state capital is reading a bill that could affect some 150,000 South Carolinians receiving unemployment benefits. The bill would require a negative drug test to receive the benefits they need. Senator David Thomas proposed the bill, requiring anyone applying for the benefits to be tests and a then subject to random testing in the future.

South Carolina is headed into debt due to the large number of people receiving benefits in the state. Last year, they paid over $934 million in benefits to the unemployed and had to borrow from the federal government to make ends meet.

"They should not be expected to pay taxpayer money with this when that unemployment is being used for drug use," said Thomas. "It's actually meant to be helpful to these individuals perhaps if they are misusing drugs to say to them, nope, that's not what you should be doing with your money number one. Number two, if you're on drugs and you go to apply for work, don't you understand that you're going to be tested very likely in that place of employment and you're not gonna be able to get work?"

Other representatives fear such laws would push the drug users in the lives of crime, "When someone has no income and you'll see crime begin to elevate," said House Representative Leon Howard.

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Welfare Applications to Include Drug Tests

The Nebraska government has a new bill in Legislature seeking to approve a measure to require all applicants for welfare to undergo mandatory drug testing to receive it. 22 other states attempted to pass the bill last year, but were unable to due to concerns about privacy and cost.

Sen. Charlie Janssen's bill requires Nebraska's Department of Health and Human Services to develop a plan to test welfare recipients and applicants for drugs. A positive results would mean a loss of benefits for one year.

Janssen said, "When a taxpayer gives assistance to somebody, it's assistance so they can get back up on their feet. It's kind of a slap in the face to the tax payers when they say, 'We're going to get up on our feet while we're doing drugs."

In 1999, Congress authorized states to implement drug testing for welfare, but Michigan is the only state to implement it only to have it thrown out be a federal judge for allowing for random drug testing, violating constitutional protections against unreasonable search and seizure.

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Idaho Schools Plan Nicotine Testing

Cassia County School District is making plants to test their student athletes for nicotine use. 20% of Idaho teenagers use tobacco illegally.

The student athletes are already undergoing mandatory drug and alcohol testing.

Cassia County School District Superintendent Gaylen Smyer stated that when "the athletes make the team they will be randomly tested throughout the season. When the athletes are randomly tested 50% of the tests will check for the presence of nicotine."

The school district will use the data received from the random tests to further document cigarette use among teenagers. Offending teens shouldn't receive as severe punishment for positive tests since nicotine is not an illegal drug like marijuana or cocaine. However, it is illegal of children under the age of 18 to posses nicotine, so it should be taken seriously and the matter handled proactively with counseling and support.

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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 Tests Work in Cumberland County

Cumberland County, NC high school students have been subjected to random drug testing for two years. All students who participate in extracurricular activities are expected to submit to the random tests throughout the school year.

One parish was tested in the first year of the program. Last year, the number of students tested nearly doubled. And the good news, only 5 positive results were returned of the 17 total positives from the parish on the second year of testing.

It seems, students there are getting the message. It is good news for school districts considering similar programs. Recently, hundreds of counties across the county have implemented random drug testing programs with the belief that it will deter drug use. Some citizens believe it is an invasion of privacy, but most school authorities feel it is in the best interest of the students.

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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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Security Guards Test Positve for Steriods

Four security guards were terminated from their positions for testing positive for anabolic steroids.

The guards were employed at the Y-12 nuclear weapons plant. Guards were part of a random drug testing program that tested mainly for Schedule I and II drugs, like cocaine and marijuana. Anabolic steroids are a Schedule III drug and are not typically tested for in average drug tests.

Courtney Henry of Wackenhut said the company began testing some guards for anabolic steroids, a Schedule III drug, "for probable cause." Asked what prompted the tests, Henry said, "We received credible information alleging the SPOs (security police officers) were involved in the activity and tested under our drug-free workplace policy." Use of steroids violates both company policy and Department of Energy policy, she said.

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Drug Tests for California Lawmakers?

That is what some are suggesting, though they will need to gather 430,000 signatures in 150 days to get the initiative on the floor for a vote.

"Drug testing and sobriety checkpoints? I can't walk a straight line because I have vertigo so I don't know if I would pass that test," said Assemblywoman Norma Torres, D-Ontario.

The ballot is about getting proof that the lawmakers are not on drugs or alcohol, and many site the financial difficulty the state has faced a good reason to keep track of the legislation.

"It certainly can appear like there's some serious substance abuse going on when you see some of these crazy votes," said Assemblyman Anthony Adams, R-Los Angeles.

The proposal is getting a few laughs around the Capitol, but testing for any intoxicated politicians won't solve California's low cash flow.

"I think what's going on in California is what is going on globally. It's the economy, stupid," Assemb. Torres said. "It really is."

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Pennsylvania Schools Consider Pre-Employment Drug Tests

Only about 60 school districts in the state of Pennsylvania have standard pre-employment drug testing procedures. Drug testing is not required by state law, it is up to the individual school districts to decide whether or not to implement a drug testing program.

FBI fingerprinting and extensive background investigations are a given across the state. Holidaysburg is one district that does perform drug tests on all new applicants. They say they've never had somebody fail the test, but a fail would eliminate that applicant from hire.

The district pays for the drugs tests with their own money and says that they test for the safety of their students. Employees are required to agree to a drug free policy to be good role models for the students.

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Drug Tests for Food Stamps

A new bill is set to take effect in the state of Texas in September 2009. The bill requires that all applicants undergo a mandatory drug test for food stamps. Any test that is returned positive for illegal substances or for un-prescribed prescription drugs will disqualify the candidate for food stamps, making them ineligible for 1 year.

As many more Americans are losing their jobs, there is good indication that there will be a rise in demand for food stamps. Using tax dollars to supply them, its nice to know that there will be some accountability for those who apply for them.

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Drug Testing Facilities Need Regulation

Starting a drug testing company is easy. There are no federal regulations and most mis-read drug test results are due to an error in reading at the lab level. Liberty Screening sends nearly all positive results to our MRO who reviews the findings at the lab, but for those who rely solely on the drug testing lab, watch out, nobody is looking after those who operate it.

In a recent report by KFDX3, Steve Cooper, Vice President of S&A Services, vowed to bring legislation to the courts to demand regulation. S&A is voluntarily certified by a federal trade organization. “A person can be working at McDonald's or Walmart today and decide to open a drug testing business tomorrow – and there's nothing to stop them,” Cooper said.

Watch the report here.

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Homeless Face Background Checks

Doing their part to protect the homeless, a shelter in Harrisonburg, VA is running background checks as well as alcohol and drug tests on the many people lining up outside their door. The measure is to protect those who are living a life of sobriety on the streets from the potential threat of those who are not.

The recent cold that's been ravaging the United States these last few weeks have many of the nation's homeless scrambling to save their lives. Though temperatures have moderated somewhat in the last week, Harrisonburg, VA still faces single digits. Executive Director of Mercy House, Twila Lee said the doors are open to anybody, but they must meet certain requirements.

Anybody not eligible for shelter in Mercy House will be accepted at the Salvation Army.

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Company Drug Tests with Inadequate Methods

Marlborough Lines Ltd, a New Zealand utility supplier used ineffective drug testing methods and is now paying the price. A hefty $12,000 because they failed to use an MRO after a drug test revealed that Warren Bush was positive for amphetamines.

After his supervisor reported that he "didn't seem with it," Bush was ordered to take a drug test administered by an industrial nurse. When the results came back positive he was dismissed, due in part to previous warnings on his record.

Bush told managers he was taking sinus medication and requested another drug test. Though the second test came back negative, he was still terminated.

Marlborough Lines has been charged with failing to understand the drug test results or to take qualified professional advice, such that an MRO might provide before dismissing Bush.

Bush was awarded $12,000, a reduced amount from $15,500 for his contribution to his dismissal.

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Anesthesiologists To Undergo Random Drug Testing

Two hospitals: Massachusetts General Hospital in Boston and The Cleveland Clinic Foundation in Ohio have recently implemented a random drug testing program that focuses on their anesthesiologists. The Cleveland Clinic ran a survey in 2005 and discovered that 80% of those in the profession were found to be abusing drugs. Even more frightening, 19% of those were reported dead from drug related causes.

Dr. Michael G. Fitzsimons, administrator for the substance abuse program of the department of anesthesia and critical care at Massachusetts General Hospital in Boston explains, "The problem is that we are exposed to, and we have the use of, very highly addictive and potent medications."

Drug testing doctors is problematic. Doctors are well aware of the signs and symptoms of drug abuse and know how to mask those signs. Not only that, but they are fully aware of the best, most effective ways, of beating a drug test. This would mean observed tests, an invasion of privacy for those who don't abuse the drugs, but little else could be done to insure nobody was cheating.

Dr. Raymond Roy of Wake Forest University in Winston-Salem, N.C. tells a story of a young resident in his anesthesiology program who would arrive at work early to get just high enough to avoid going into withdrawal and return home each night to use heavily. The young man died of an overdose soon after completing a drug rehabilitation program. The unfortunate death of his young resident led Dr. Roy to ask his other doctors if they had noticed any signs of abuse. 100% of them reported that had suspected nothing.

The doctors find the incidents rates to be the same, but are hoping for multi-institutional studies that will help understand if the program is effective in staving off drug users.

The hospitals offer treatment programs and often allow the abusers to return to the program once they are clean. But the death rate for treated residents that return to the program is 1 in 9, as a result, hospitals are looking to find other ways to keep addiction at bay, including reining in the already tight regulations on narcotics and their availability in hospitals.

The institutions participating in these programs should be commended for taking action against a problem that has existed for years. The rehabilitation programs are impressive and the ability to return to the program is respectable. Doctors understand addiction is a disease and as they are called to do, they are fighting that disease with all the tools they have available to them.

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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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Hawaii Teacher Drug Testing Program In Jeapordy Due to Economy

Hawaii recently mandated that all teachers would have to submit to a drug test to remain working in Hawaii public schools. Early contract talks are stalling out because the teacher's union is so opposed to the mandate.

Governor Linda Lingle is all too aware of the problem, and is facing economic turmoil as well. The Hawaii Council on Revenues predicts a state tax decrease of $75 million. Revenue growth productions are also expected to decline.

Lingle said that the downturn would force adjustments to the state budget and special funds. "I'm anxious for the election to get over and for the Legislature to elect their leadership so we can sit down (and) begin the discussion between us and the community," she said. Executive branch agencies have already been ordered to draft budget cuts of 10 to 20 percent.

Lingle originally pushed for the random drug testing program for the teachers, and hasn't been able to implement it. She did release state funds for a last round of teacher pay raises despite the unresolved drug testing issue.

The Hawaii Labor Relations Board is reviewing the current contract to see if it requires drug testing to begin. Teachers are fighting it, arguing that the drug test should be limited to cause for suspicion.

Where the funds will come from to support the random drug testing program is unannounced.

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