Sample

Substance Abuse Program

The use of drugs in the workplace impinges all aspects of our daily lives. Drugs not only threaten the home, the schools, and the communities in which we live; they also threaten the workplace. Employers can no longer afford to ignore a problem that can and does affect a significant portion of employees in the workforce. Employers have a responsibility to help provide a healthy and safe workplace for all employees. The general public relies upon companies and their employees to provide and maintain essential services for our society.

There are indications that as many as 30% of all work-related injuries are attributed directly to the misuse of drugs in the workplace. Millions of dollars in losses and thousands of injuries are occurring yearly as a result of the illicit use of drugs in the workplace.

Employers must realize that the workplace is an appropriate setting for dealing with drug abuse, and must adopt procedures that will aid in eliminating drug use. If a drug program is to succeed, top management must be committed to the program and provide the needed personnel and resources to develop and implement an appropriate plan.

Program Coordinator

Your company needs to appoint an individual(s) to serve as the Program Coordinator. This individual’s responsibility is generally to provide the link between your company, your employees, and the selected testing facility. The testing facility will provide an individual who will serve as the Medial Review Officer. The Medical Review Officer will review results of all tests prior to release of information to your Program Coordinator. Results of drug testing will be provided to your Program Coordinator for review, analysis, and determination of compliance to your company’s program. The Program Coordinator may also be in charge of the random selection process; notification of selected candidates, scheduling of testing activities, and maintenance of confidential records. All related medical records should be maintained secured at all times.

Drugs to Be Tested

Regulations specific to your industry may impose or require additional and or more stringent testing criteria. HEMIC requires minimum testing of the following five substances:

  1. Marijuana
  2. Cocaine
  3. Opiates
  4. Amphetamines
  5. Phencyclidine (PCP)

All drug testing must be done from urine specimens collected under highly controlled conditions. Specimen collection procedures require a designated collection site, acceptable security for the collection site, chain of custody documentation, use of authorized personnel, privacy during collection, integrity and identity of the specimen, and transportation to the laboratory. Most medical providers generally provide these requirements.

The National Institute on Drug Abuse (NIDA) certifies laboratories that have met all of the guidelines established by the Department of Health and Human Services. This list of NIDA certified laboratories is updated once every month, and this update appears in the Federal Register. You have the right to request a copy of the NIDA certification when selecting the medical provider who will provide drug testing services for your company.

The initial test is the immunoassay test. This test is a screening test to determine drug usage for the five classes of drugs. The positive levels for the five classes of drugs in the initial test are:

DrugInitial Test Levels (ng/ml)

  1. Marijuana50
  2. Cocaine300
  3. Opiates300
  4. Amphetamines1,000
  5. Phencyclidine (PCP)25

If results of the initial test are negative, the testing laboratory will advise your company’s Program Coordinator that the drug test for the employee was negative. No additional tests on the specimen will be done. If the results of the first test are positive, a second (confirmatory) test is performed. This test is done in an entirely different manner from the initial test. All specimens identified as positive on the initial test must be confirmed

using gas chromatography/mass spectrometry techniques at the required cutoff values.

Only specimens that are confirmed positive on the second or confirmatory test are reported positive to your company’s Program Coordinator.

Who Should Be Tested?

Consideration of the following components is recommended when developing a Drug Testing Program.

1.Pre-Employment Drug Testing. Pre-employment drug testing should be provided for all new hires. Selective drug testing is the selecting of applicants in specific job positions and classifications. Although in some industries, selective testing may be feasible, we recommend that the development of your drug testing programs be inclusive of all employees; including managers, supervisors and administrative personnel.

All applicants should be provided notice of the Pre-Employment Drug Testing Policy in advance so that people who might test positive do not pursue employment. A convenient and effective way is to post a notice in the area where applications are handed out. We recommend that an attachment page to the front of your company’s “application form” be provided explaining your program testing requirements. An applicant’s drug test results must be made available to the applicant upon request. Such requests should be made within 60 days of the testing date.

  1. Random Drug Testing. Random testing insures that every employee has an equal chance to be tested. Random tests are unannounced. An annual minimum-testing rate of 25% to 50% of employees is acceptable. A testing cycle is defined as that period of time between the selection process of one series of testing employees and the selection process for another test group. If a driver is on vacation and they are randomly selected for testing, they may be required to test on return. Notice of the testing should not be provided for this employee until their return. If the employee will not return prior to the next selection process, they may be skipped and subject to being selected for the next testing cycle.

Every employee must be in the pool of names each time a selection process is initiated. This action ensures that there is an equal chance of being selected. Because of the random nature of the selection process, a person may be selected more than once during a calendar year. Conversely, it is statistically possible that a person may never be randomly selected. Every employee includes all part-time, temporary, seasonal, managerial, supervisory, administrative, corporate, and any other type of employee classification that is on the company payroll.

  1. Post Accident Testing. Post accident testing is required following all incidents that result in property damage, injury to the employee, or injury to others.
  1. Reasonable Cause Testing. Reasonable cause means that the company believes that the employee’s appearance or conduct is indicative of the use of drugs. The actions or observations of the employee must occur while the employee is on duty. Two supervisors or company officials should, if at all possible, observe the conduct, appearance or actions of the employee. If only one supervisor or official is available, one is enough.

Management or supervisory personnel who are going to be mandated with the responsibility of identifying employees who may be under the influence of drugs, must have received training in detection of probable drug use. This training must be provided by a competent source.

The employee must be taken immediately to a collection site, and a urine sample obtained. The employee’s action that caused the company to require the test must be documented and signed by the manager, supervisor, or official, and or witnesses within 24 hours after the behavior is noticed (prior to the results of the test being released).

When Should Drug Testing Be Required?

Any company that determines they are going to implement a Drug Free Workplace policy must provide a safe and productive work environment for its employees that will reflect a proper attitude to its employees, customers, and its responsibility for public safety. Drug testing should be required in the following situations or conditions:

  1. As part of the pre-employment evaluation
  2. As part of the random testing program
  3. At the discretion of management where an individual is involved in an industrial accident or injury situation
  4. Where there is reasonable suspicion that substance abuse is taking place as evidenced by, but not limited to one or more of the following:
  1. Frequent or unexplained absence
  2. Poor interpersonal relations on the job
  3. Abnormal work performance or personal behavior
  4. Physical condition of symptoms
  5. Discovery of drugs or paraphernalia during work
  6. Objective evidence of illegal drug use or sale provided by any governmental enforcement agency

In all cases, the company will cover the costs of such testing.

Disciplinary Action Against Those Showing A Positive Reading From Drug Testing

The company policy may vary with options of progressive disciplinary action up to and including suspension and termination. One option would be to adopt a 2 week to 30 day suspension period without pay for the first offense. You could also require testing prior to the return of the employee with a negative result. You may also require that the employee pay for any testing during a suspension period as a result of a positive test result. A second positive drug screen during any three-year period of time could result in termination without eligibility for rehire. Another option could stress that your company wishes to provide a “Drug Free Work Environment” and maintains ”Zero Tolerance” compliance. Employees under these conditions who test positive are terminated immediately.

Employee Notification

An employee does not have to be notified immediately after being selected. The random testing program may be structured to minimize disruption of normal operations while maintaining the deterrence aspects of random testing. The notification process should be unannounced. This ensures that an employee selected for testing will not have an opportunity to do anything that may compromise the outcome of the test. The selected employee(s), once notified, should proceed immediately to the collection site.

While there has not been a standard that establishes an absolute period of time between notification and collection, notification of testing candidates the day prior to testing is not recommended. Testing is best accommodated with minimal notice and immediate collection. Employees may need to be transported to the collection site if other reasonable transport is not available.

General Signs of Drug Misuse

  • Change in attendance at work
  • Dramatic swings in attitude in the span of several hours
  • Change in work habits
  • Poor physical appearance, including inattention to dress and personal hygiene
  • Efforts to cover arms to hide needle marks
  • Association with other drug users

Indications of Possible Misuse of Specific Drugs

Marijuana

  • Shreds of plant material in pockets, bobby pins and other small clips used to hold end of the cigarette papers and pipes
  • Pleasant euphoria
  • Lethargy, inability to concentrate
  • Impaired motor skills
  • Distorted sense of time and distance

Cocaine

  • Mental confusion
  • Restlessness and nervousness
  • Irritability and anxiety
  • Excessively active
  • Long periods without eating or sleeping, likely to be emaciated
  • Dilated pupils
  • Chronically runny nose, respiratory problems from snorting cocaine
  • Seizures
  • Breathing difficulty
  • User may have straws, small spoons, mirrors and razor blades

Opiates

  • Mental dullness
  • Scars on the arms and back of hands caused by injecting drugs
  • Constricted pupils
  • Scratches frequently
  • Gooseflesh
  • Loss of appetite
  • Nodding
  • Slurring speech
  • Restlessness, sniffles, red watery eyes
  • User may have syringes or medical droppers, bent spoons or metal bottle caps, small glassine bags or tin foil packets

Amphetamines

  • Reduced appetite, and exhaustion
  • Similar effects to cocaine, but lasting a long time

Phencyclidine (PCP)

  • Non-communicative, blank staring appearance with eye flicking from side to side
  • High stepping, exaggerated gait
  • Increased insensitivity to pain
  • Tremors
  • Profound changes in mood, perception, and can include self destructive behavior

Recordkeeping Requirements

The drug testing program and its results require accurate record keeping. The records and the system used to control the drug testing procedures provide for safeguards against the unauthorized release of information, proper chain of custody documentation, protection of the privacy of the employee, and the overall program effectiveness.

All records related to the administration and results of the drug-testing program are to be maintained for a minimum of five years. Individual negative test results need only be maintained for 12 months.

(A)Results of Controlled Substance Test

The following information should be maintained in the employee’s file regarding test results. This information should not be retained in the employee’s personnel file, but may be maintained in a separate “drug testing” or “medical records” file. This file is confidential and must be maintained secure from access to all employees. Information inclusive with the file should be:

  1. The date of the urine collection
  2. The location of the collection site
  3. The identity of the lab performing the test
  4. Whether the test findings were “positive” or “negative”, and if “positive” the name of the drug.

(B)Annual Summary of Drug Testing Program

The employer needs to maintain an annual summary of the results from the drug-testing program. This summary should be maintained on a calendar year basis. The summary should include the following information:

  1. The total number of drug tests administered
  2. The total number of drug tests administered in each of the following categories:
  1. Pre-employment drug testing
  2. Reasonable cause drug testing
  3. Post accident drug testing (if specified in the written policy)
  4. Random drug testing
  1. Number of individuals who did not pass the drug test
  2. Number of individuals who did not pass the drug test in the following categories:
  1. Pre-employment drug testing
  2. Reasonable cause drug testing
  3. Post accident drug testing (if specified in the written policy)
  4. Random drug testing
  1. The disposition of each employee who did not pass a drug test

The testing laboratory is required to provide to the company a monthly summary of test results. This information should be utilized to verify the company’s Annual Summary of the Drug Testing Report.

Laboratory

The drug-testing laboratory shall maintain and make available for at least two years documentation of all aspects of the testing process. The documentation shall include files on all individuals authorized to have access to specimens, chain of custody documents, quality assurance, procedures manuals, all test data, reports, performance records on performance testing, performance on certification inspections, and hard copies of computer-generated data.

Program Coordinator

The Program Coordinator will retain the lab test results for a minimum of five years.

Collection Site

No retention period is mandated by regulations for collection sites.

Forms

The forms on the following pages may be reproduced and used in your substance abuse program.

Implementation of Program

Implementation of Pre-employment Drug Testing may be accommodated at such time as the written policy is formalized and all elements for testing, evaluation, and record keeping requirements are in place. Implementation of Reasonable Cause and Random Drug Testing may be accommodated at such time as the written policy is formalized, all elements for testing, evaluation, and record keeping requirements are in place, and a minimal of 30 days notice provided to all employees of policy adoption and implementation date. This policy implementation should require the signed acknowledgement of employees that should be maintained in each employee’s personnel file.

THE INFORMATION PRESENTED IN THIS SUBSTANCE ABUSE PROGRAM HAS BEEN COMPILED FROM VARIOUS SOURCES BELIEVED TO BE RELIABLE. HOWEVER, IT CANNOT BE ASSUMED THAT ALL ACCEPTABLE MEASURES ARE CONTAINED IN THIS PROGRAM WITH REGARDS TO YOUR INDUSTRY STANDARDS AND REQUIREMENTS UNDER PARTICULAR FEDERAL, STATE, PROVINCIAL AND LOCAL LAW.

SAMPLE COMPANY POLICY

Alcohol and drug use in industry creates serious problems. The economic cost of lost output and medical expense is enormous. Alcohol and drugs are a hazard to productivity, property and personnel. Most importantly, the use of alcohol and drugs by a few employees jeopardizes the safety of the work place for all employees. Accordingly, our company has strict rules concerning alcohol and drugs in the work place. The company wants you to be aware of these rules and the disciplinary provisions for their violation.

PURPOSE

  1. To protect the health, safety and property of employees, the company and the general public; and to insure the fitness and ability of employees to perform their jobs.
  2. To establish a substance abuse (drug and alcohol) prevention program at the company.
  3. To inform employees and applicants of the company’s policy on substance abuse.
  4. To ensure fair and equitable treatment of employees who are substance abusers.

DEFINITIONS:

For the purpose of this policy, “drugs” include “illegally-used controlled substances” (encompasses narcotic and non-narcotic drugs, including prescription drugs used abusively) and “non-controlled” (over-the-counter) medicines if they render one unfit for duty. Additionally, the abuse of any substance (including the consumption of alcohol) for the purpose of achieving a drug-like effect will fall under the prohibition against “drugs.”

“Under the influence” is a state of having levels where screening test results are reported as being positive. It may, but does not have to, include being unable to perform work in a safe, productive manner, or being in a physical or mental condition that creates a risk to the safety and well-being of the employee, other employees or company property.

“Possession” includes the presence of drugs or alcohol in the possession or control of the employee in the work area, lunch boxes or other personal areas.

POLICY:

  1. Applicants for employment must undergo testing for drugs and alcohol before final selection. An applicant who refuses to undergo drug and alcohol testing or is detected as being under the influence shall be ineligible for employment and shall not behired. An applicant with positive test results may be eligible to reapply for employment after a three-year period.
  1. The company will implement and maintain a substance abuse prevention program aimed at educating employees on the harmful effects of drugs and alcohol and stressing the provisions of this policy.
  1. Drug and alcohol screen testing will be required in the following situations:
  1. As part of the pre-employment evaluation.
  2. Where there is a reasonable suspicion to conclude that substance abuse is taking place as evidenced by various factors such as but not limited to the following:

1)excessive absenteeism;