By Sharon Bottcher, Director of Policy Services at Current Consulting Group (CCG)
This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
Just as businesses change over time, drug and alcohol testing policies continually evolve to reflect changing state laws, federal regulations, and company objectives and priorities. Regular review of even the most well-written policies is essential to ensuring compliance. Routine maintenance ensures that a company’s policy and procedures continue to align with its mission and goals, in addition to maintaining legal compliance.
Is your policy delivering value to both your company and your employees? Here are some indications that your drug testing policy needs a comprehensive review:
1. You can’t recall the program objectives:
To know what kind of drug testing program best suits your needs, you must understand why you implemented a drug testing program in the first place. Undoubtedly the most common reason is safety—that of employees, clients, and the general public—in addition to protecting the company’s property, equipment, operations, and profitability.
Was your program created to meet the contractual requirements of a client? Was the purpose to receive benefits offered by a state (e.g., workers’ compensation discounts, unemployment compensation claim denial, etc.)? Perhaps you only implemented a program to ensure your new hires were a good fit for your organization.
Whatever the reason for your drug and alcohol testing program, in today’s competitive business environment, companies should understand how to get the most out of their drug testing program. There are steps employers can take to optimize their return on investment when it comes to drug testing. Take advantage of these benefits to obtain cost savings and improve program results.
2. Marijuana hasn’t been a topic of discussion:
Although each state law varies, generally, an employer is not required to permit drug use in the workplace or tolerate employees who report to work under the influence. On the other hand, there are nuances that employers must be familiar with regarding medical and recreational marijuana laws, and they must ensure their policies and procedures follow constantly changing state laws.
For instance, some states have laws prohibiting employers from discriminating against employees solely based on their status as medical marijuana card holders. Other states include exemptions for employers, meaning they do not have to accommodate marijuana use on company property or during company time. Furthermore, some states may prohibit employers from discriminating against qualified medical marijuana patients that test positive for marijuana unless the individuals exhibit behaviors of being under the influence while at work.
With the varying laws and constant movement on this topic, it is imperative to know and follow the requirements outlined in your state’s law(s) and to review your substance abuse testing policy to ensure clear and concise language has been established. Your policy should:
- Prohibit the possession and/or use of illegal drugs in the workplace
- Define “illegal drugs”
- Define “under the influence”
- Stay consistent with state anti-discrimination statutes
- Specify when marijuana testing will take place
- Outline the consequences for marijuana violations
3. There is no process in place to monitor industry standards or changes in law that may impact your policy:
In a worldwide economy of rapidly emerging new technologies and markets, standards help set the rules and establish workplace frameworks, making it easier to innovate successfully. Using standards can help you identify and minimize your risks.
Employers should be aware of the different types of state laws and/or federal regulations that apply to their workplace and how they impact testing programs. Employers that understand these requirements benefit from having a successful and compliant program.
4. The specimen type hasn’t been reevaluated:
When evaluating the various specimen options available, it is not a question of which specimen option is “best,” but rather which specimen(s) achieve your policy’s objectives and are permitted in your state(s) of operation.
There are several specimen options that can be used to test for drugs or alcohol, including blood, breath, fingernails, hair, oral fluid, sweat, and/or urine. Choosing the appropriate specimen type(s) is imperative to achieving the desired drug testing objectives. Each specimen type has its strengths and weaknesses and depending on the reasons for your drug testing program, a given specimen type may fit more logically than another.
As laws and regulations evolve, employers are shifting their interest from traditional single specimen programs to a combination of different specimens to remain compliant. There are several aspects to take into consideration when evaluating specimen options, such as state laws, cost, ease of use, testing panel, and length of detection time.
5. There hasn’t been an assessment to determine if your testing panel is still appropriate:
With the ongoing opioid epidemic, your testing panel may need to be updated to reflect semi-synthetic opioids (i.e., fentanyl, hydrocodone, oxycodone, etc.) or other prescription medications. Alternatively, there may be drugs included in your panel that are no longer relevant in the areas where you have business operations.
Importantly, does your program include the most commonly used addictive substance, alcohol?
Some states specifically outline which substances can be included in a testing panel, while others leave that discretion up to the employer. Determining what panel is right for your program could determine its success.
Conclusion
There is no specific update schedule that a company must follow but the best practice is to review your program and policy annually (at a minimum) for relevancy and accuracy. Over time, laws, company goals, objectives, and operational needs change, necessitating a review of the existing program and policy to follow suit.
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