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Elements of a Drug-Free Workplace PolicyPrevent Employees from Cheating on Drug Tests Private employers are free to drug test employees as long as it is legal within their state and local jurisdictions. An ideal policy would be one that has been put into written form and shared with all employees before implementation.• According to the U.S. Dept. of Health and Human Services’ Center for Substance Abuse Prevention, an ideal policy includes the following: • An educational component for all employees to learn about the negative impact that substance abuse could have in their workplace and in the personal lives. •Training for supervisors to prepare them to deal constructively with employees who are having performance and/or conduct problems that may be caused by substance abuse. • Access to an employee assistance program for employees to obtain appropriate treatment for substance abuse or other kinds of problems that may be affecting their performance and/or conduct. • When appropriate, a drug-testing component that is based on reliable and accurate scientific and technical procedures, such as the Federal Government Drug-Free Workplace Program for Federal employees, required under Executive Order 12564 and PL 100-70. When considering the makeup of a drug free workplace program, keep in mind that studies have shown such a program is ineffective if it is solely a program of drug testing. These studies have shown that drug testing is only effective when is combined with an employee education component and access to substance abuse counseling and treatment for abuse problems. The following reasons for testing are generally included in a comprehensive workplace drug testing program: Pre-employment Test: An individual is required to provide a specimen during the job application process. Generally, a negative drug result is required before an employer may offer employment to an individual.Random Test: An employer selects, using a truly random selection process, one or more individuals from all the employees included in the employer’s workplace drug testing program. A random selection process precludes an employer from attempting to pre-select a particular employee for a drug test.Reasonable Suspicion/Cause Test: An employee is required to provide a specimen when there is sufficient evidence to indicate that the employee may have used an illicit substance. Typically, the evidence is based on the direct observations made by supervisors or co-workers that an employee has used or possesses illicit substances, exhibits physical symptoms of being under the influence, and has patterns of abnormal or erratic behavior.Post-accident Test: An employee is required to provide a specimen after being involved in an accident or incident on the job. The results of such a test may provide evidence as to the cause of the accident or incident.Return to Duty Test: An employee is required to provide a specimen to ensure that the employee is drug-free before being allowed to return to work.Follow-up Test: An employee is tested at random intervals after returning to work to ensure that the employee remains drug free.Collectors/Collection Sites Collectors are a very important part of a drug-testing program. The Division of Workplace Programs has published a Urine Specimen Collection Handbook that provides additional guidance to supplement the requirements in the Mandatory Guidelines for Federal Workplace Drug Testing Programs. Private employers may want to use it as a guide. A collector that is trained and knows what to look for regarding the possible techniques used by donors to defeat a drug test should minimize the number of specimens that are adulterated or substituted. The most important precautions a collector can take to minimize the opportunity an employee would have to adulterate or substitute a urine specimen are: (1) Ensure that the employee does not have access to anything at the collection site that could be used to adulterate or substitute a urine specimen; and (2) Request the employee to remove and display any items he or she may have concealed in pockets, coats, hat, etc. Recommendations The most important actions that can be taken to prevent an employee/job applicant from attempting to defeat a drug test are as follows: (1) If possible, the agent who notifies the employee/job applicant that he or she must submit to a drug test accompanies the employee/ job applicant to the collection site. Maintaining direct personal contact with the employee/job applicant from the time of notification until arriving at the collection site can prevent the employee/job applicant from drinking excessive amounts of fluids prior to providing a urine specimen or obtaining anything that could be used to adulterate or substitute the specimen they provide. (2) If direct personal contact with an employee/job applicant cannot be maintained, give the employee/job applicant less than two hours time to report to a collection site from the time the employee/job applicant is notified that a drug test is required. Using a two-hour reporting time minimizes the opportunities an employee/job applicant has to use one or more of the above techniques to defeat the drug test. Additionally, the Federal agency should notify the collector that an employee/job applicant is expected to arrive at the collection site before a specified time. Source: U.S. Dept. of Health and Human Services’ Center for Substance Abuse Prevention’s Division of Workplace Programs. FSM
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