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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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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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 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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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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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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