|
This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
At the core of any successful drug-testing program is a written policy. And despite what you may have heard there is no such thing as a "model," one-size-fits-all drug testing policy. Just as all companies are different, all policies will be different, at least somewhat. Much depends on your company's experience with worker substance abuse, as well as the safety-sensitive nature of the business and your company’s overall drug testing objectives. Although no two policies will be exactly alike, every policy should cover certain key issues. For example, a good policy will clearly state your drug testing objectives, the behavior prohibited by the policy, and the consequences for policy violations. Why You Are Implementing a Policy In order to know what kind of drug testing to do, you must first understand why you are drug testing. One such objective common to most companies is concern for safety—the safety of workers, customers and clients, and the general public. This is particularly true if the work being performed is of a safety-sensitive nature. Other common reasons include improving productivity; controlling the costs of doing business, such as health care insurance, workers' compensation, and accident insurance premiums; increasing the overall health and well-being of employees and their families and helping them with their problems; and minimizing employee theft and other wasteful and costly behaviors. Compliance with federal or state government regulations should also be stated when applicable. What the Policy Prohibits While it may be obvious that all illegal drug use on company time should be prohibited, what will the policy say concerning off-duty use, criminal drug convictions, and being at work under the influence of illegal drugs even though the use took place elsewhere? What about the misuse of prescription and over-the-counter medications? What will be the company’s position on alcohol use? Alcohol is legal and, in many circles, socially accepted. It is not uncommon for a company to serve alcohol at company functions or to reimburse employees' travel or sales expenses that include alcohol consumption. However, alcohol is the most commonly abused substance in America. When measuring the impact of substance abuse on your company, ignoring the role of alcohol is almost like ignoring the problem altogether. It is appropriate for a company to require its employees to report to work fit for duty and to prohibit any employee from purchasing, manufacturing, transferring, using, or possessing illicit drugs while on company business. This includes work performed off company premises. Consequences for Violations Simply put, any violations of the company policy should result in disciplinary action, which may include termination. The purpose of this section of the policy is to make it clear that employees will be held accountable for their substance abuse-related behavior. Drug and Alcohol Testing The policy should describe who will be subject to drug testing and who will have the authority to require a drug test. Also, how and under what circumstances testing will occur should be stated in the policy. Pre-employment and reasonable suspicion testing are the most common types of testing, followed by post-accident and random testing. If the company tests with a point-of-care testing (POCT) device, it should state so in the policy. Also, the specimen used for testing should be explained... oral fluid, urine, or hair. The lab being used for confirmation and the medical review officer who will verify positive results should be listed in the policy. The consequences for a positive drug or alcohol test should also be explained. Conclusion Your company’s drug testing policy is your opportunity to clearly express your position on employee substance abuse. For some workers, the knowledge that the company is active on the issue and that they will be held accountable for their behavior is enough to deter future substance abuse. For others, knowing that their company is aware of the problem and is trying to respond to it will strengthen their commitment to being loyal and productive workers. Still others who may be struggling with a loved one's substance abuse problems will appreciate the opportunity to obtain support and assistance at work. Much good can be accomplished by establishing a substance abuse program, and it all starts with a written policy. © DrugPak – No portion of this article may be reproduced, retransmitted, posted on a website, or used in any manner without the written consent of DrugPak. When permission is granted to reproduce this article in any way, full attribution to the author and copyright holder is required. This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein. In today’s technology-centric world, the value of most companies lies in their data. The security of this data is paramount both to the company and to its customers. Much of this security relies upon the actions and decision-making of the company’s employees. If data security is vital, are these employee positions the new safety-sensitive? Safety-sensitive employees are held to higher standards in the workplace because their failure to perform can cause harm to others. Drug and alcohol use by safety-sensitive employees is a much more serious offense due to the risks inherent in their job responsibilities. Given today’s data-driven world, it may be time to expand the definition of a safety-sensitive employee. What is at risk in a data breach? Breaches to data privacy can cost a company and its customers big. In 2013-2014 Target experienced a major data breach of customer information that resulted in huge losses for the company. Target reported $202 million in expenses due to the breach, and it additionally settled a multistate lawsuit related to the breach for $18.5 million. Sixty million customers were affected, causing unknown amounts of fraud and identity theft. Experts blame the Target data breach on multiple communications breakdowns and negligence, as the hack was not especially sophisticated. Warning signs went unnoticed, and when security employees did notice problems, corporate staff was very slow to respond. Employees’ practices are at the center of cyber security. The FCC’s recommendations for preventing data breaches list training employees on security principles as its number one precaution. But training will only prevent breaches if employees abide by what they are trained to do. Employees must make clear-headed and judicious decisions while on the job in order to safeguard data security. Employees must act quickly to respond to data safety concerns and must be able to identify the subtle warning signs of a breach. Impairment to decision-making faculties will necessarily affect data security. What is the definition of a safety-sensitive employee? What is a “safety-sensitive” employee? The name can have different definitions, some more specific and some more broad, across different contexts and jurisdictions. In general, a safety-sensitive employee is one whose responsibilities require a constant state of awareness to prevent harm. There is a nexus between the employee’s job duties and a safety risk. The Equal Employment Opportunity Commission (EEOC) adopts an extremely narrow definition of safety-sensitive employee. The EEOC even goes so far as to claim city bus drivers are not in safety-sensitive positions. Fortunately, the EEOC guidelines of safety-sensitive will only govern situations with disabled individuals, or when an employer seeks medical information about employees. Very few employees are governed by the EEOC’s definition of safety-sensitive because they have no legal disability. The EEOC will oftentimes apply to an employee’s prescription medication use, but under current law will never apply to an employee’s medical marijuana use. In contrast to the EEOC, the state of Tennessee adopts a more broad definition of safety-sensitive that can clearly include employees who handle data security or sensitive data. Tennessee Code 50-9-103 includes in its definition of safety-sensitive position “a position in which a drug or alcohol impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to … work with confidential information ….” An employee who works with confidential information is specifically listed as a safety-sensitive position. Utah uses a definition of safety-sensitive that is middle of the road between Tennessee and the EEOC. It does not specifically mention employees who work with confidential information, but neither does it narrowly limit what employees are considered safety-sensitive. Utah Code 34-41-101 defines safety-sensitive as a position “involving duties which directly affect the safety of governmental employees, the general public, or positions where there is access to controlled substances.” Some companies may feel very comfortable with defining data security as directly affecting the safety of the public, and other companies may wish to adopt a more conservative definition. Most states allow employers to craft their own definitions and requirements for safety-sensitive employees. However, be sure you are up to date on the laws and requirements of your state for safety-sensitive designations. Data Security Is the New Safety-Sensitive Safety is no longer solely about bodily harm. With digital work and commerce replacing paperwork and brick-and-mortar at an ever-increasing rate, the necessity of secure data will also grow at an ever-increasing rate. Sophisticated technology will not be enough to protect a company’s data and its customers’ information if its employees are not functioning with alertness and a high degree of care. Companies must be clear that data security is a very high priority, and must adjust all workplace policies across the board to reflect this priority. © DrugPak – No portion of this article may be reproduced, retransmitted, posted on a website, or used in any manner without the written consent of DrugPak. When permission is granted to reproduce this article in any way, full attribution to the author and copyright holder is required. This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
The drug testing process begins with the specimen collection. A step that is arguably the most important. If mistakes or errors are made during the collection, and those errors are egregious enough, the remainder of the testing process may be invalidated or canceled. It is the collector’s duty to ensure the security and integrity of the specimen throughout the entirety of the collection process. The US Department of Transportation (DOT) drug testing regulations are often viewed as the industry standard when it comes to secure collection procedures. The DOT’s 10 Steps to Collection Site Security and Integrity has long been the go-to reference for urine specimen collections, and with the recent approval of DOT oral fluid testing, this document will likely serve as a template for the security and integrity of oral fluid collections. What is most important for collectors to understand is that by holding a DOT collector certification, they are acting as a service agent on behalf of the DOT when conducting specimen collections for DOT personnel. However, there are other important key elements that can be associated with the security and integrity of the collection process. A Basic Understanding of the Collection Process is Important Whether you are a Designated Employer Representative (DER) for an organization, or a person of authority who deals with an organization’s drug testing program, it is beneficial to have a general understanding of how the collection process works. Sure, it may not be necessary to go through the certification process DOT collectors are required to do, but understanding the step-by-step process of a specimen collection will likely add depth to your ability to fulfill your role. For example, if you understand the procedure for a shy bladder scenario, it will become apparent why one pre-employment collection takes ten minutes to complete, while another pre-employment collection may take three hours. This relatively small amount of knowledge and understanding can speak volumes to the success of DERs and authoritative personnel, simultaneously offering valuable insight to the collectors who are ultimately responsible for the integrity of each collection. Drug Test Results Carry a Lot of Weight When it comes to workplace drug testing, most individuals required to test are either seeking employment or maintaining employment. Regardless of reason, the test outcome may quite literally change an individual’s livelihood for better or worse. Depending on the company policy and/or mode of DOT, this can be as harmless as temporary removal from duty, all the way to the severity of permanent loss of license or certification required to work in a specific industry. Despite the level of consequence, employers need to be confident that a result is valid so appropriate action can be taken. That validity begins with an uncompromised specimen collection regardless of whether the specimen is urine or oral fluid. Collection Errors Come with a Cost When a specimen is collected properly without errors, this streamlines the rest of the drug testing process. Examples of common errors include samples being mislabeled, missing information on CCFs, or specimen bottles that are partially full or not split properly. Errors, commonly referred to as flaws in the drug testing industry, can be classified as correctable or fatal. Flaws that are correctable afford the collector an opportunity to submit a memorandum of correction describing what led to the error and account for the issue. Fatal flaws are errors so egregious that the testing process cannot continue, and a re-collection may be necessary. Regardless of error type, additional time is required to make the correction and move forward with the testing process. All errors have a cost. In the setting of a fatal flaw, there will be the cost of a re-collection, but situations like this incur more than a monetary loss. The employer must initiate a new collection, the collector will need to conduct a new collection, and the employee may miss work, all of which can add up to a significant amount of lost time. Additionally, if a collector commits a fatal flaw, they must undergo retraining which also takes time and money. Avoiding these unnecessary costs is the primary goal and can simply be achieved with error-free collections, which uphold the security and integrity of the collection process. Interacting with Collectors can Improve the Experience As DERs, it is easy to get lost in the day-to-day shuffle of dealing with results, referrals, and all other aspects of the company’s drug testing program; but having an active relationship with collection sites can go a long way in supporting a successful drug testing program. Taking time to visit your collection sites will not only help familiarize you with how the collection process is handled, but it also sends a message to the collection site that you as an organization are on top of what is important. This call to action can be taken a step further by requesting copies of collectors’ DOT certifications, requesting to undergo a mock collection, or even conducting an audit of the collection site. Not only will this show collectors that you are intent on holding them accountable for the outcome of every collection they perform for your organization, but it can also provide peace of mind that your collection site is adhering to a standard your organization should expect. Lastly, building rapport between collection site and employer can be beneficial to creating a program that is perfectly suited to the employer and the drug testing program they wish to apply to their organization. Instead of purchasing menu item services from an unknown collection site, active relationships with collectors and collection sites will create partnerships, and ultimately confidence that the importance of specimen security and integrity will be upheld. © DrugPak – No portion of this article may be reproduced, retransmitted, posted on a website, or used in any manner without the written consent of DrugPak. When permission is granted to reproduce this article in any way, full attribution to the author and copyright holder is required. |
RSS Feed
|
|