Employee Drug Testing: Compliance, Providers & Cost

Setting up employee drug testing requires knowledge of compliance-related standards in order to operate fairly and lawfully.

Building a robust screening program requires finding licensed drug screening providers (which is necessary for certain areas), developing a drug testing policy, and budgeting for drug screening expenditures. While over half of all organizations conduct drug tests on their workers, just around 39% of small enterprises with less than 99 employees do so.

These eight stages, which include a free drug testing policy form, will guide you through the process of implementing staff drug testing.

Step 1: Research your state’s drug-screening laws.

Substance abuse screening is not covered by any federal compliance rules. As a result, different states and other regulatory organizations have stepped in to define what is and is not permissible. States such as Alabama, Oklahoma, and Washington, for example, have laws requiring employers to offer early warning or barring random drug testing (Vermont, Rhode Island). Your knowledge of how to lawfully hire and manage your staff should be informed by state legislation.

The American Civil Liberties Union (ACLU) has a comprehensive state-by-state breakdown.

6 Common Drug Screening Requirements

Here are some of the most typical drug-screening standards across states and businesses. Even if your state or sector does not require all of them, think of them as best practice standards. Below is an example of a drug-testing policy.

Give Notice in Advance

It’s a good idea to give your staff early notice of your drug testing policy or to include it in your employee handbook, which is required in certain jurisdictions. For example, before performing any drug testing, Florida requires companies to submit a 60-day notice of their drug screening policy.

Test results should be provided.

The lab is often in charge of informing workers about their test results. If you live in a state that requires you to produce results within 24 hours (South Carolina) or five days (Alaska), you’ll need to make sure this occurs.

Allowing employees to re-test is a good idea.

Employees in certain states have the right to challenge the results. In Washington, for example, you cannot fire an employee just on the first test result. You must re-test and check your results. In Nevada, the same is true. In Maryland, however, an employee who wishes to be re-tested must pay for the second test themselves.

Employee Privacy Should Be Protected

The Health Insurance Portability and Accountability Act (HIPAA), a federal statute, protects drug test results in all states since they constitute medical information. As a consequence, employee test results cannot be disseminated without the employee’s permission. You’ll need the employee to sign a paper authorizing you, the employer, to communicate the test findings. The paperwork, known as a General Consent, is usually collected from a drug testing facility. For your convenience, an example of general consent has been supplied.

You must, however, ensure that information concerning drug test results is not disclosed improperly inside your business or with those who have no right to know, such as the employee’s spouse, parents, or coworkers.

Methods of Data Collection

Drug testing must be done by a recognized lab in several jurisdictions. Other states just require testing to be performed by a third party, whether certified or not. Some states do not define who is responsible for drug testing. However, as a best practice, we advocate choosing a certified lab that is unrelated to your company in any manner.

If you terminate someone based on test findings, having the results verified by a recognized independent lab may help you avoid a wrongful termination claim.

Contractors working for the federal government

If you work for the federal government, you’re probably familiar with the Drug-Free Workplace Act. It contains precise criteria for each of the above-mentioned components, including a written policy, staff training on how to create a drug-free workplace, drug test notice, and consequences for non-compliance. It covers any company that works for the government.

Step 2: Locate a Drug Screening Service

Because drug testing is required in many sectors, it’s simple to locate a nationwide source to test your personnel, such as Quest Diagnostics or National Drug Screening. There are also local resources available, such as urgent care clinics and hospitals. The cost of a test will vary depending on the test provider, the substances being tested for, and the type of testing.

Providers of National Drug Testing

Some of these companies also conduct drug tests outside of the United States. Simply contact the number shown on their website, or request the test online in certain situations.

The simplest method to locate a reputable local drug testing firm is to contact local companies that test their own staff and inquire about who they use. Another option is to contact your local chamber of commerce; they may be able to provide a more solid suggestion than what you’ll read on a website.

Some hospitals and urgent care facilities, for example, provide drug testing services but do not promote them online. Consider utilizing a keyword phrase like “drug testing services near me” or “employee drug screen in (town)” while doing an internet search. Then inquire about their costs, including a package deal if you submit all of your drug tests to them. Drug test prices might vary a lot, and you might be able to get a bulk discount if you buy a lot of them.

Step 3: Calculate the Price of a Drug Screen

According to the Society for Human Resource Management (SHRM), a single simple drug test will cost between $10 and $30. However, depending on the number of chemicals you test for and the kind of test you perform, this figure might rise. With bulk discounts, costs may be reduced.

Employer incentives for drug testing are available in several areas, such as Florida, Ohio, and Kentucky, which might help you save money on drug testing.

Step 4: Write out your drug-screening policy.

Once you’ve double-checked your state’s rules and located a licensed facility, inform your staff that they’ll be tested ahead of time. Consider including a drug-testing policy in your employee handbook and going through it with new employees. Alternatively, inform applicants throughout the interview process that they would be subjected to a drug test before being hired.

Following that, you may want to tell workers of a positive drug test result and offer them the chance to repeat the test, maybe in a different fashion. For example, if an employee fails a saliva drug test, you might request that the lab validate the results with a urine sample before taking disciplinary or termination action.

Step 5: Determine When to Screen for Drugs

Again, certain jurisdictions specify the circumstances under which a drug test may be conducted. Here are some of the most prevalent scenarios that may or may not be acceptable depending on where your company is located:

Pre-Employment and Post-Offer

Workplace drug testing has been demonstrated to minimize absenteeism and increase worker productivity. It also has the effect of lowering workers’ compensation claims. According to the SHRM, more than half of all companies that do pre-employment drug testing do so during the application process.

However, as previously said, be mindful of state legislation in all jurisdictions where you hire employees to ensure that pre-employment drug tests are permitted.

In California, for example, privacy laws require that pre-employment drug screening be consistent and uniform in order to avoid employment discrimination. That implies that in California, you can’t only drug test employees of a specific age or protected status; you’d have to test all new hires performing a comparable job.

Post-Accident

Following an occurrence, such as a car accident that resulted in deaths, injuries, or significant property damage, testing should be necessary. In all situations, but particularly in the event of workplace accidents, your policy should explicitly outline this right to test. The majority of Occupational Safety and Health Administration (OSHA) investigations will ask about post-incident drug testing.

(Image courtesy of Shrm.com)

A suspicion that is reasonable

Another typical reason for drug testing workers is if the employee is acting in a manner that management suspects substance misuse. “Reasonable suspicion” or “probable cause” is what it’s termed. Could alcohol be to fault if your sales rep gets in a vehicle accident after a business meeting, for example? Is it possible that your finest forklift operator collided with a storage rack as a result of a drug overdose? Reasonable suspicion is the sole legitimate grounds for drug testing once an employee is employed in certain jurisdictions.

Testing at Random

Random drug testing is permitted in certain jurisdictions in addition to drug testing based on reasonable suspicion. Of course, random is random, so you can’t choose one individual for drug testing on the basis of a hunch. If you do, you’re probably breaking anti-discrimination statutes including the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), as well as other labor regulations.

Consider checking every third employee based on their hiring month or last name every quarter to build up a random drug screening strategy. That way, you’ll be able to cover all of your workers in a year’s time.

Promotion at Work

A few firms, like a new hire, want to drug test workers as part of the promotion process. They do this to confirm that the employee is drug-free before giving them further responsibilities, such as access to the company’s bank account or direct supervisory authority over employees.

Industry Requirements

Drug testing is required for transportation-related employment such as airline pilots, taxi drivers, and anybody with a commercial driver’s license (CDL), as well as anyone who operates in emergency response positions, according to the Department of Transportation (DOT). If your company works in an industry that is within the DOT’s authority, you’ll have to follow its rules.

Step 6: Choosing Your Drug Screening Panels

A drug test may be used to check for a broad variety of drugs and substances. The five-panel urine drug screen is the most prevalent, according to MobileHealth Management Services, which does drug testing in the New York region. “A five-panel drug test often detects for widely misused chemicals, such as THC, opiates, PCP, cocaine, and amphetamines,” they say.

It’s worth noting, though, that the term “panel” refers to a variety of distinct types of panels. Four-panel tests are one example of this. One 4-panel test might screen for THC, opiates, cocaine, and PCP, while another 4-panel test could screen for methadone, benzodiazepines, oxycodone, and Ecstasy, according to MobileHealth. As a result, be sure you know what your paneled test is looking for. If specificity is crucial to you, you may often guarantee that just one or two compounds are examined.

Examples of common testing panels are provided by MobileHealth:

• Amphetamines/methamphetamines, barbiturates, cocaine metabolites, marijuana metabolites: Tetrahydrocannabinol (THC), opiates (including hydrocodone, hydromorphone, codeine, and morphine), and phencyclidine are often tested in a 6-panel drug test (PCP).
• Companies or people worried that an employee may be misusing prescription medicines may give a seven-panel drug test. The 7-panel test may be used to determine the presence of prescription medicines in industries that need attention or the operation of heavy equipment, such as transportation and the DOT. Although lawful, these medicines may impede a machine operator’s ability to do their work or have exhausting adverse effects, especially if misused.
• Marijuana, cocaine, opiates, PCP, amphetamines, benzodiazepines, and barbiturates are often found in a standard 7-panel test.
• Employees in law enforcement and occupational medicine are often subjected to the 10-panel test. These 10-panel drug tests may also be used to see if a person is breaking the terms of their probation. Many federal officials are required to pass a 10-panel exam, especially if their position requires them to do risky tasks or safeguard the safety of others.
• Cocaine, marijuana, PCP, amphetamines, opiates, benzodiazepines, barbiturates, methadone, propoxyphene, and Quaaludes are often found in a standard 10-panel test.
• The 12-panel test is often used as an add-on to the 10-panel exam. If the presence of prolonged opiates and prescription painkillers, as well as traces of other banned drugs, presents a severe threat to the workplace, the 12-panel test checks for them.
• Cocaine, marijuana, PCP, amphetamines, opiates, benzodiazepines, barbiturates, methadone, propoxyphene, quaaludes, Ecstasy/MDA, and oxycodone/Percocet are all detected in a standard 12-panel test.

There are a variety of different kinds and degrees of drug panels that test for a variety of different drugs, including:

• Amphetamines
• Methamphetamine
• metabolite of marijuana
• Cocaine
• Opiates
• Phencyclidine is a kind of phencyclidine (PCP)
• Barbiturates
• Benzodiazepines
• Methadone
• Propoxyphene
• Oxycodone

Marijuana Testing in States Where Recreational Use Is Permitted

Even though recreational usage is authorized in certain states, it is still banned on the federal level. Employers may still opt to do a background check. However, in certain places, it may be hazardous to fire someone for non-work recreational drug use if the person demonstrates no impairment, such as with alcohol or smoking. Recreational drug use in the workplace, however, must not be condoned.

Some companies, on the other hand, choose to either skip the cannabis test or ignore the findings. This is due in part to the fact that cannabis may stay in a person’s system for up to 30 days. Also keep in mind that some applicants or workers may use marijuana for medicinal reasons, in which case medical proof should be available to back up their claims. However, there is no situation when an employee is under the influence while on the job or in the workplace.

Step 7: Select the Correct Test for Your Drug Screen

Employees might be tested in a variety of ways, from blowing into a tube to submitting a blood sample. Some drug screening tests, such as urine, are more accessible. Other types of drug testing are more accurate, detecting substances consumed in the previous four hours. We’ll go through five of the most frequent drug screening tests that may be ordered.

Urine Examination

According to Karrion Lalor’s search, the only Department of Transportation (DOT) authorized testing procedure is a urine test. Urine testing is the most popular, according to CleanFleet, another drug testing company focusing on the transportation sector since it indicates recent drug usage within one to five days. Urine testing accounts for around 95 percent of all pre-employment drug tests, with each test costing about $40 on average.

Saliva Test

Urine tests, as accurate as they are, cannot identify drug usage during the first four hours. As a result, a saliva test may be a preferable screening approach in certain circumstances. Whether you need to know if drugs were taken within the recent 24 hours, saliva testing might assist. It’s precise, it costs less than $15 per worker, and is legal in most jurisdictions that allow bodily fluid testing. Although you may buy these tests online and conduct them yourself, in jurisdictions where a third-party testing facility or accredited lab is required, this may be illegal.

Breath Alcohol Screening

According to The Balance, these tests detect blood alcohol concentration (BAC) and are another low-cost alternative that may be delivered directly by the employer in jurisdictions where testing by a licensed lab is not required. Online, test kits range in price from $7 for a blow tube to more than $100 for an alcohol breath testing gadget.

Toxicology Blood Test

Blood testing for drug usage isn’t as accurate as urine testing, according to WebMD, and it’s also far more costly, costing up to several hundred dollars each test. Furthermore, some people are afraid of needles. Blood testing for drug usage is best done while an employee is asleep, such as after a serious car accident or work-related stress.

Hair Follicle Analysis

The advantage of utilizing a hair sample, according to Concentra, is that it can screen for drugs as far back as 90 days. It is, however, significantly more expensive, costing over $100 every test. Although hair follicle drug testing has several advantages, it is not as common as urine drug testing, owing to its higher cost, difficulties in detecting recent drug use, and longer processing time.

Step 8: Minimize the Risks of Drug Screening

As a company owner, you’re in a difficult situation. You may have disgruntled workers if you drug test but don’t do it correctly. If you don’t drug test your staff and someone is injured as a result of an inebriated employee, you are also accountable. We’ll go through the advantages and disadvantages of drug testing vs. not drug testing so you can make the best option for you.

Employee Drug Testing Risks

The most significant danger of drug screening is that private health information may be released in violation of the Health Insurance Portability and Accountability Act (HIPAA), thereby exposing your company to legal action. Another danger is that you may fire an employee based on a drug test and then face a wrongful termination case; for example, if the individual wasn’t given the opportunity to repeat the test, as certain states require.

Screening for recreational drugs

To limit your chances of being sued for wrongful termination, make sure you have a drug policy in place and that it is followed consistently by all workers. Employees are not permitted to use any federally forbidden drugs, such as cannabis, according to your policy.

(Image courtesy of Quest Diagnostics.com)

If your company is located in a place where cannabis is legal, you should consult with an attorney before establishing and implementing your employee drug screening policy.

The Consequences of Not Drug-Screening Employees

You’ll create more damage in certain sectors if you don’t drug test your staff. Below are four scenarios in which it may be harmful to your company to not drug test staff.

Violations of the Law by the Government

If staff is discovered to be taking banned drugs on the job, you may be held liable if you fail to follow DOT standards.

Client Protection

Employers with employees who deal closely with children, the handicapped, or the elderly must take special precautions to ensure that their employees are not abusing drugs or alcohol on the job. Employers that fail to ensure the safety of their customers, such as children in daycare or elderly in a rehabilitation center, will be held accountable.

Legal Consequences

Failure to do due diligence may expose your company to liability. For example, if you are in the service sector and your electrician arrives at the job inebriated, the client and their property may be jeopardized. As a result, the customer may file a lawsuit against you for damages. Screening service workers and workers who typically come into contact with customers, especially in their homes, is the best way to prevent drug use.

Costs of Insurance

If you have a policy of drug testing personnel, your workers’ compensation expenditures might drop by as much as 47%. Alternatively, your insurance provider can offer you a discount on business liability or staff life insurance. Drug testing workers is a fantastic way to reduce insurance risk while saving money.

Final Thoughts

As long as drug testing is permissible in your state, it’s a good method to boost productivity and save expenses associated with problematic recruits, missing employees, and workers’ compensation claims. Of course, it’s required in certain businesses and controlled by the federal government in others (such as with the Department of Transportation and some federal law enforcement entities). After the reference check and as part of the job offer procedure, we propose that you do the pre-employment drug test. Just be sure to verify your state’s drug-screening laws to make sure you’re following the regulations.

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