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Proof Positive
Drug testing in the workplace has
been shown to improve safety and reduce claims
By Sheila Bacon
Drug testing in the workplace is a hotly debated topic, often
straddling nebulous legal and ethical boundaries. While some
argue that drug testing is an invasion of privacy, others
believe that testing employees for illegal substances is a
sound way to heighten safety in the workplace and reduce liabilities.
Leaders at Cianbro Inc., a 3,000-person heavy civil and industrial
contractor based in Pittsfield, Maine, have applied some form
of employee drug testing since 1987, says Alan Burton, vice
president of human resources, safety and health. Initially,
drug tests were used primarily during the application process
to screen out potential drug users before they were hired.
Today, with less restrictive regulations limiting such testing,
along with drug testing requirements dictated by some public
sector clients, Cianbro does random urine tests from a pool
of 1,300 craftworkers and drivers. Each quarter, a computer
program selects about 5% of Cianbro's employees, who are instructed
to go to a designated clinic for a substance-abuse screening
within 24 hours.
Those who test positive for drug use are not fired, but rather
referred to the firm's employee-assistance program, where
they are asked to begin a treatment plan. If they comply with
the plan, they remain employed.
Less than 3% of Cianbro employees each year test positive,
Burton says. Cianbro also tests prospective employees, which
often discourages drug users from applying for a job with
Cianbro in the first place.
"I look at any drug test as an IQ exam," Burton
adds. "If they know they're not going to pass, and they're
applying anyway, either they're pretty stupid or they've got
a real problem."
Types of Tests
There are five primary types of drug tests: urine, blood,
hair, saliva and sweat. The urine test is the most common,
but less intrusive saliva tests are becoming more prevalent.
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| Oral drug tests are usually not as
intrusive as a urine or blood test and can be administered
immediately after an employee is notified of the procedure,
in the field or in the office. |
Canton, Mass.-based Avitar manufactures the Drugometer, an
onsite, oral-based, disposable testing unit that detects the
presence of a number of types of drugs in a person's system
through his or her saliva. The hand-held test, which can be
administered by employers or a third party, is not as intrusive
as a urine or blood test and can be administered immediately
after an employee is notified of the procedure. This immediacy
eliminates chances that a test can be adulterated or altered
in any way by the test taker.
The end of the sponge-tipped device-similar in style to a
digital thermometer-is inserted into the mouth of the employee
for three minutes, and then topped with a plastic cap. The
results are ready within 3 to 5 minutes.
The presence of a red line means the employee is drug-free.
No red line indicates drugs in the system and triggers a a
more quantitative test. Twenty disposable test units sell
for $479.
Avitar sells drug-testing supplies to a wide range of customers,
including construction companies. Of Avitar's new customers
in 2005, 27% were construction firms, says Peter Cholakis,
Avitar vice president of marketing.
Companies are choosing to test their employees for drug use
for a number of reasons, Cholakis says. Stories of workplace
violence and catastrophic accidents caused by employees under
the influence of drugs are more and more common, and corporate
executives are realizing that drug use can seriously jeopardize
safety as well as a company's reputation and its bottom line.
A 2003 U.S. Dept. of Labor study on workplace fatalities
said construction was the sector with highest number of on-the-job
fatalities-1,126 in 2003.
"We know construction is a dangerous job," says
Cholakis. "Adding drugs to the mix makes it that much
more dangerous."
On a less dramatic scale, drug users tend to bring down morale
in the workplace and contribute to employee turnover, Cholakis
says. "People don't want to work next to someone who
does drugs for a variety of reasons," he adds.
Testing Drawbacks
Not everyone is in favor of drug testing. The American Civil
Liberties Union of Washington's stance on drug testing is
that people should not be punished for their actions if they
are not harming others. While the ACLU generally advocates
for the public sector, many of its viewpoints can be applied
to private agencies as well.
"Granted, no one wants anybody who is under the influence
of drugs to be operating heavy machinery," says Andy
Ko, director of the ACLU of Washington's Drug Policy Reform
Project. "But as far as we can tell, [testing] doesn't
seem to discourage drug use. People find ways around it."
Often, drug testing penalizes people who are "responsible"
drug users, says Ko. One of the most widely used recreational
drugs-marijuana-is detectible in the system long after its
effects are gone. An employee could be tested on a Monday
and, although under the influence of no drugs at the time,
be penalized for having smoked marijuana the Friday before.
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Few consistent regulations exist at the local or national
levels that directly address the issue of drug testing
in the workplace.
Federal law requires that certain employers-mainly
in the transportation and defense industries- drug test
their employees, says Mark Berry, a partner in the employment
law group of Davis Wright Tremaine, Bellevue, Wash.
"Beyond that, there are no statutes that require
testing on the part of the employer," he says.
Neither are there many laws that prohibit testing of
employees, he says. Some states, such as California,
have state constitutions that prohibit invasion of privacy,
and that can often be interpreted to include certain
types of random testing for employees who are not in
safety-sensitive positions.
Some states have laws that regulate how the actual
testing process is done, but usually only on a benefits
basis. For example, if an employee tests positive for
illegal drugs and is fired, the employee may be ineligible
for certain unemployment compensations, provided the
employer has followed state statutes. Other states will
offer reduced workers' compensation premiums for employers
who follow certain testing procedures.
Drug testing labs, however, are regulated to some extent,
Berry says. The U.S. Dept. of Health and Human Services'
Substance Abuse and Mental Health Services Administration
reviews laboratories on issues of quality and integrity.
SAMHSA's National Laboratory Certification Program then
certifies labs based in part on those reviews.
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"You will see responsible marijuana users who are not
high during work hours facing an unjust outcome," says
Ko. "People can be fired for nothing more than using
marijuana at a private time."
Methadone-a synthetic opiate often used as a legitimate painkiller
or to help heroin users kick the habit-is also detected by
drug tests and can be misinterpreted as illegal drug use,
Ko says.
Rate Reduction
Despite its drawbacks, many companies rely on drug testing
to keep their workplaces safe and costs down. Leaders at Gould
Construction in Glenwood Springs, Colo., bumped up their drug-testing
efforts in 2001 and have since experienced a dramatic reduction
in workers' compensation claims.
Although the 150-employee, heavy-highway contracting firm
had long administered urine tests to detect drug abuse among
its work force, it revamped its safety manuals, rewrote its
employee handbook, implemented a no-tolerance drug and alcohol
use policy and began using an oral-based testing system five
years ago.
The year before beginning the more vigilant safety program,
Gould Construction had 19 workers' compensation claims. The
number dropped to seven claims the next year, three the following
year and none the year after that.
Carl Metcalf, Gould's safety and human resources director,
attributes the fewer claims in part to less drug use on the
job, driven by Gould's use of onsite drug testing.
"Testing became less of a hassle," says Metcalf,
who administers pre-employment, post-accident and reasonable-suspicion
drug tests. Random drug testing includes a pool of 10% of
all Gould employees-field and office-each quarter.
"Before, it was an issue of having to have a restroom
available, messing around with a testing cup and dealing with
disposal items," Metcalf says.
Metcalf admits Gould's earlier drug-testing practices were
not as intense as they are today, but not to the point of
being out of compliance. Oral-based testing has helped.
"Now, you just grab the kit and head out to the jobsite,"
he says.
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