AccuDiagnostics

Posts Tagged ‘Drug Testing Policy’

It is important to allow a grace period for implementation of a new policy or implementing changes to the policy. This allows employees to familiarize themselves with the new policies and bring themselves into accordance with the new expectations.

Each facet of the drug testing policy is important.

Prohibitions

Specifically prohibiting illegal and dangerous substances is important. Although ignorance is not an excuse, it is possible for an employee to misunderstand the scope of prohibited substances. Being as specific and concise as possible reduces the risk of misunderstandings or complications. Employers must be confident that employees understand the prohibitions as they relate to every substance and circumstance.

Remember to include a list of prohibited substances and circumstances. Are employees allowed to use drugs and alcohol at the workplace? Are they allowed to report to work under the influence? Are they allowed to distribute controlled substances or alcohol at the job site? Exactly what blood alcohol level will be deemed intoxication by the employer? What circumstances are punishable? Address all these concerns and more in the prohibitions section of the policy.

Medical Review Officer (MRO) Allowances

While test evaluation by a qualified Medical Review Officer (MRO) is only mandated for Department of Transportation tests, companies may opt to allow their employees access to MRO reviews.

These physicians interpret the drug test and carefully examine the employee for any medical justification of the positive outcome of the test. The special training and extensive knowledge possessed by an MRO lends a strong legal validity to the testing process.

Testing Contingencies

The policy should cover all details of the testing process. This provides solid legality to the policy and removes any doubt or concerns about phases of the testing process or governing rules. The author of the testing policy should be very familiar with governing federal, state, industry and local drug testing law when drafting the policy. Different states allow different types of testing, such as random testing or suspicion-based testing.

Be sure that your policy specifically details where the tests will be conducted, how the specimens will be collected, who will be tested, when they will be tested and why. Leave as little information to interpretation as possible. Clearly and expressly state what circumstances warrant a test and who determines when a test will be conducted.

Consequences

To eliminate any question of favoritism or unfair practices, clearly establish the consequences for first time and subsequent offenders. Be sure to verify that the policy is in accordance with all federal, state, industry and local laws.

Will the employee be placed on probation, unpaid leave or suspension? Under what circumstances will employment be terminated? Will an employee have to receive treatment as a condition of continued employment?

Employee Privacy Rights

There are many laws governing employee privacy rights. It is important to reiterate in the policy that the company is in accordance with all these laws.

For example, employees should only be tested for alcohol and other controlled substances. A drug test should never, under any circumstances, disclose private medical facts about the employee such as pregnancy or disability. State clearly in the policy what is tested for and do not violate that policy.

Employee Assistance Programs

Some, but not all, employers opt to provide their employees with an Employee Assistance Program (EAP). These programs assist in the recovery and treatment process and can enable a quality employee to return to work without the substance use or abuse. In the policy, clearly state if an EAP is available. If a program is available, make sure to contain all relevant information about the program, such as what it does, who can use it, and how.

Acknowledgement of Receipt

Ensure that every employee signs an acknowledgement or receipt. This certifies that the employee has seen, read, and understands the policy and consents to any necessary testing.

NASCAR is facing turmoil over its drug testing policy and resent suspension of Jeremy Mayfield.

Mayfield, a 40-year-old NASCAR driver, was originally suspended on May 9^th, 2009, after failing a drug test. He had tested positive for methamphetamines, which he claimed were the result of a Claritin and Adderral mix. While he likely did ingest both of those drugs, it is unlikely that the combination would register as methamphetamines on a drug test.

A federal judge issued an injunction that allowed Mayfield to continue competing after he claimed undue financial hardships were being caused by his suspension. Although he failed to appear at the next two races, NASCAR appealed the judge’s ruling, contending that allowing a drug user back onto the race track is dangerous to other competitors and fans.

Mayfield continues to proclaim his innocence, despite the fact that he failed a second, subsequent drug test. His attorneys cite two independent drug tests that showed a negative methamphetamine result, but have failed to furnish proof of these tests.

Travis Tygart, CEO of the U.S. Anti-Doping Agency, sees the Mayfield controversy as evidence of “what can go horribly wrong when you don’t have an effective policy in place.”

NASCAR faces unique challenges in drug testing. Most sports organizations test only for performance enhancing drugs. NASCAR, on the other hand, must always be on the alert for drugs that would impair drivers, dramatically increasing the risk of the high-speed races.

Numerous agencies have raised concerns over NASCAR’s drug policies. Some exposed faults include a failure to publish a specific list of banned substances and failure to specifically define suspension lengths.

Professionally written drug policies should always include detailed information on the following facets:

• Prohibited substances
• Medical Review Officer (MRO) allowances
• Testing contingencies
• Consequences for first-time and subsequent offenders
• Privacy rights
• Assistance programs
• Acknowledgement of receipt