Drug screening can make the workplace safer
Drug screening programs may reduce workplace accidents and disruptions in employee productivity, but instituting these programs isn't one-size-fits-all.
Businesses have many options to choose from, both in testing and
policy, while ensuring they meet state guidelines and discourage
litigation. To work properly, the testing must be combined with
employee education and clear corporate policies.
Drug use has been found to cause serious problems for employers. Regular drug users are two-and-a-half times more likely to be absent from work, are one-third less productive and are 50 percent more likely to steal from their company, said Barry Sample, director of science and technology for the employer solutions division of drug testing company Quest Diagnostics. He estimates that nearly half of all workers' compensation claims involve substance abuse.
While an employee can be denied workers' compensation benefits if the injury was caused by intoxication or substance abuse, it's not easy to prove that the drugs were directly responsible for the accident, said Peter Sampo, a labor and employment law attorney with Allen Norton & Blue in Miami. Employee drug use won't excuse a company from liability if that employee injures someone, he said.
Drug screening can save a company from these costs. Plus, if a company follows the steps to be designated a drug-free workplace, it's eligible for a 5 percent discount on its workers' compensation insurance and preference in government contract bids.
Traditionally, drug testing has been more common for big businesses, but smaller companies are realizing the benefits through using human resource outsourcers, said Marilyn Culp, president of the Miami Coalition for a Safe and Drug-Free Community. Her organization helps companies select drug-testing firms and has given out more than 100 Small Business Administration vouchers to help fund drug screening programs.
Drug screening can be more important to small companies because losing a key employee or a big lawsuit could cause greater harm, Culp said.
"The distractions that might otherwise be present, like absenteeism or being tardy or quality of work, are hopefully eliminated," said Perry DonFrancisco, owner of Boston's on the Beach, a Delray Beach restaurant that's a certified drug-free workplace. "I'd assume in the 15 years we've had this [drug screening], it has curtailed possible applicants. We've had people take the test who should have opted out."
The standard time to institute drug screening is prior to employment, as a condition of being hired. Drug tests can also be offered at random, after workplace incidents, on condition of suspicion or at mandated times for all employees.
Most general employers choose only pre-employment screening for their programs, Quest's Sample said. But for those who choose to offer random drug tests, as well, the positive rate for those is higher than the pre-employment rate.
"If an employer only has pre-employment screening, the employer runs the risk of them going back to drugs," Sample said. "Because there's a lower expectation of being subject to random tests in the private sector, we see a higher instance of positives."
Put the policy in writing
Whatever an employer's policy is on when to test, that policy needs
to be placed into writing and the management needs to be trained in how
to implement it, said Joseph Reilly, president of Florida Drug Screening, a Palm Bay-based company that helps about 3,200 companies set up drug testing.
Employers are allowed to deny applications or terminate employees if they refuse to take a drug test, but it must be clearly written in the company's policy and made available to employees, Reilly said. When setting up a new drug-screening program, current employees are generally given 60 days' notice before they are tested. During that time, they can voluntarily come forward and seek help without any repercussions.
In order to qualify as a drug-free workplace, employers need to provide addiction treatment options. This can be as simple as having a list of local treatment centers or having a sophisticated employee assistance program, Reilly said. The company doesn't need to pay for the rehabilitation, but some do.
If a current employee fails a test, there needs to be a policy that spells out the punishment for all employees, not just those in certain positions, said Elaine Taule, president and CEO of NMS Management Services, a Palm Springs-based company that manages drug testing for 1,900 businesses.
However, employees can be dealt with differently based on their history and performance. She recommends a policy stating that the punishment could range from probation with regular tests and treatment to termination.
If an employee is terminated, the employer should keep documents to show what other behavior was a contributing factor, Taule said.
"If you had an employee with you for 10 years, and he had a death in the family and was abusing drugs, certainly, once identified, you'd like to give a second chance to him," she said. "If it's an employee who's always late and disheveled, you might terminate this person."
Another requirement to be a drug-free workplace is to project the employees' privacy. Tests that have instant results aren't permissible under the state program because employees should have the right to have a positive result examined by a medical review officer before it's disclosed to an employer, she said.
Although they are usually done at a collection center, drug tests
can be collected at work, but they must be shipped to a licensed clinic
in order to qualify for the state program, she said. If the test is
positive, the medical review officer will confer with the employee
before notifying the company to try to determine if there's a valid
reason, such as a prescription medication. Should there be a reason,
the employer would only get back a negative result.
"The integrity of the specimen is very important, as is the confidentiality and privacy of the donor," Taule said.
Tests that show evidence of masking agents are also reviewed and
can sometimes mean there's no clear result. In pre-employment testing,
this often prevents a hiring, but existing employees could be subject
to a surprise test, sometimes under direct supervision, Reilly said.
Oral fluid testing has more expensive lab work, but can be collected in the workplace with a swab, then mailed to the testing center, which cuts out the collection cost, Sample said. Like the urine test, it can determine if the employee has used drugs within a few days, but sometimes longer, depending on the drug and frequency of use.
Hair tests, which can test for drug use during about the previous 90 days, are best for employers who want a greater look into an employee's lifestyle, Sample said. Combined with the collection cost, it's generally more expensive than the other tests. However, there aren't any verified substances to mask it, Sample said.
The standard urine test in South Florida costs from $35 to $40, Reilly said. That covers the five most common drugs: marijuana, cocaine, opiates, amphetamines and PCP. That can be expanded to 10 or 15 drugs, depending on what the employer wants.
"One thing we've noticed is if a good percentage of employers are drug-free workplaces in a particular industry, the companies that still don't offer drug testing will get more drug users," Reilly said. "They'll see the drug-free workplace sticker in the window and then go to work down the street because that guy doesn't do drug testing."
E-mail health care writer Brian Bandellat bbandell@bizjournals.com.