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ON SITE DRUG TESTING


ON SITE DRUG TESTING

Who Pays For Drug Testing?

ON SITE DRUG TESTING

Who Pays for the Drug Test?
Normally, employers pay for drug tests. Sometimes employers require the employee to pay for the test, and if the results are negative, the employer reimburses the employee. If employees are expected to pay, this should be stated in the written policy.

Drug Testing Procedures:
A clear written description of the procedures that will be used for drug testing should be included either in the drug testing policy or in a separate document. For organizations doing contract work, the procedures may vary from one contract to the next and would best be outlined in a separate document. Below are examples of the type of information to include:

  • Where employees will give their samples (name and phone number of the collection site)
  • Where the samples will be tested (name and phone number of the testing laboratory)
  • How results will be reported (will the laboratory contact the individual, or will a designated person in the company tell the employee?).
Employers will also want to know these terms:
Chain of Custody. A chain of custody form is used to document the handling and storage of a urine specimen from the time it is collected until the time of disposal. This form links the individual to the urine sample. It is written proof of everything that happens to the specimen while at the collection site and the laboratory.

Confirmation Tests. The first test of a urine sample is called an initial test. This test is fairly accurate and reliable but can also detect over-the -counter medications. Therefore, if the initial test is positive, a second test (by gas chromatography/ mass spectrometry, or GC/MS) should be done on the sample immediately. This confirmatory test is highly accurate and will rule out any false positives (mistakes made) on the first test.

SAMHSA Cut-Off Levels. A cut-off level is a value that is used to determine whether a drug test is positive or negative. Many employers use the cutoff levels established by the Department of Health and Human Services. These cut-off levels have been proven accurate and reliable, as well as defensible in a court of law.

  • Amphetamines 1,000 ng/ml
  • Benzodiazepines 300 ng/ml
  • Barbiturates 300 ng/ml
  • Cocaine 300 ng/ml
  • Marijuana (THC) 50 ng/ml
  • Methamphetamines/1000 ng/ml
  • Opiates 300 ng/ml or 2000ng/ml
  • Phencyclidine (PCP) 25 ng/ml
  • Tricyclics 300 ng/ml
MEDICAL REVIEW OFFICER (MRO).
Although not always required, an MRO is an important part of an effective drug testing program. An MRO is a licensed medical doctor who has special training in substance abuse. Using an MRO helps to protect both the employer and the employees. For example, if a drug test is positive, the MRO reviews the results, makes sure the chain of custody procedures were followed, and contacts the employee to make sure that there are no medical or other legitimate reasons for the positive result. For example, some prescription medications can cause a positive test result. If this is the case, and if a doctor prescribed the medicine, the test is reported as negative. Otherwise, the MRO reports the positive test result to the organization. Only after the MRO has reached his or her final conclusion does the MRO report the result to the employer.

WHAT ABOUT LEGAL CHALLENGES?
Many States have drug testing laws that determine what an employer can and cannot do. Resources are available to help you find out if there are any State drug testing laws you must comply with. An attorney with experience in labor and employment issues, or a professional consultant specializing in workplace drug testing can help ensure that the testing rules and procedures as outlined in your policy are in compliance with State regulations. Avoid legal problems by using procedures that are clear, fair, consistent, and documented in a written policy. Because employment decisions based on a test result can be contested, it will be to your advantage to have a detailed policy and to understand the protections that are available to you.

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