Why Drugs and Safety Don't Mix
Communication and documentation are two of the keys to creating a successful testing program.
This is the second half of a continuing article from October 2008.
Ease of Use, Ease of Administration, and Immediacy of Results
 Ease of use, ease of administration, and rapid results are terms associated with any successful business process employed in a workplace setting. Laboratory-based urine testing has been the accepted method for more than 20 years. The process involves sending individuals to a collection site to donate an observed urine specimen. This process requires two to four days at a minimum. Furthermore, this test is easily "cheated" because few specimen collections are actually observed, and as a result the process has been limited primarily to pre-employment situations. The process is also not gender friendly.
On-site tests for drugs of abuse can be conducted using various biological specimens (urine, hair, blood, and oral fluids). Oral-based tests have recently come to the forefront because of their ease of use, acceptance, and overall functionality for workplace environments. Oral-based testing can be done on site under direct observation of the test administrator and can yield a result in five to 15 minutes. This technology solves the problems typically associated with urine testing, such as sample adulteration and gender and dignity issues.
Communication & Documentation
 While any new corporate program will probably be met with some degree of skepticism, a drug testing program can be an especially sensitive issue. Direct and open communication with all constituencies is a must.
Organizations need a clearly written drug testing policy that is distributed to all employees for their signed acknowledgement. The policy should detail that drug abuse creates economic and social consequences that are unacceptable in the workplace environment and should state that illegal drug use will not be tolerated and may result in adverse personnel actions. Sample policies are available from industry experts and can be customized to the needs of a corporation. Diligent communication also should include an education or orientation program for employees.
A comprehensive drug testing program can be viewed as the "operating manual" for a company's drug testing policy and drug-free workplace. It is important to have supporting documentation for all aspects of the program for legal purposes. Documentation can be broken down into two categories. The first is program documentation, which would include the drug testing policy, certification papers for the program administrator, and details of the EAP program. It is important to keep accurate and up-to-date documentation of drug test results for employees. Just as you would add disciplinary or performance review documentation to a personnel file, you must be sure to keep all testing results. It is also recommended that all tests be reviewed by a Medical Review Officer (MRO) who can validate the results.
The second category would be documentation that tracks the success of the program over a given timeframe. For example, information that highlights how the employee base as a whole is testing is important in evaluating the program's effectiveness.
Complete and accurate documentation is the best way to protect yourself from future lawsuits.
Employee Assistance
 Drugs of abuse testing should be viewed as a means to help secure an employee's and the employer's right to a safe work environment. Should an employee be confirmed positive for drugs of abuse, an employee assistance program (EAP) can provide counseling and referral programs. It may be conducted and/or managed directly by the employer or by a third-party contractor. Programs are always operated in a confidential manner.
Many larger companies provide "first offenders" with access to EAP programs. Smaller businesses may provide access via the employees' health coverage plan. Drug testing during and after participation in an EAP program is common. Testing subsequent to completing an EAP program and returning to work is typically referred to as "return-to-duty" testing.
Pitfalls to Avoid
The benefits of a robust drug testing program are well established. However, organizations should not implement a drug testing program without:
- A written and signed drug testing policy
- Thoroughly reviewing federal, state, and local guidelines
- Performing adequate due diligence of the drug test supplier/manufacturer
- Using certified test administrators
- An MRO service
- Communicating the requirements and benefits of the drug testing program to everyone involved.
While every organization should clearly be advised of the potential risks in executing an improper drug testing program, a safe, secure work environment remains the overriding goal of any corporation. It is critical that every business develop quantitative metrics relative to substance abuse, including but not limited to: on-the-job accident rates, worker's compensation costs, health care utilization rates and associated costs, employee turnover and absenteeism, employee theft and/or inventory shrinkage, and the incidence of workplace violence.
This article appeared in the August 2006 issue of Occupational Health & Safety.
References
1. Substance Abuse and Mental Health Services Administration, Results from the 2002 National Survey on Drug Use and Health: National Findings, September 2003.
2. National Institute on Drug Abuse
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Thursday, December 4, 2008
Some of Nevada’s SIG Members have received a letter from Employers Insurance Group questioning the liability of membership in a Nevada self insured group. It is interesting that the executive staff of Nevada SIG’s major competitor is choosing to use scare tactics rather than trying to succeed on their own merit. Many of Nevada’s small business operators remember the days of SIIS (later becoming Employers Insurance Company) and the lack of communication, bad claims practices, audit disputes and arbitrary cancellations experienced by its policy holders. Nevada SIG’s became available in 1995 through an act of legislation to offer a viable solution to the failing state run workers’ compensation monopoly. SIIS/Employers were not contributing to the success of the Nevada workers’ compensation policy holder.
Although it is important to know how SIG liability and the joint and several liability agreement may affect your business, established SIG’s are probably more secure than many private insurance companies, including Employers Insurance Group. To help our SIG Members better understand the workings of a self insured group the staff of Pro Group Management, Nevada’s largest self insured group administrator have addressed the “ten questions” that are suggested you ask your SIG administrator. It is also important to understand that should you desire, a Pro Group Management staff member can meet with you in person to address any concerns you might have.
Keep cars and other vehicles fueled and in good repair. Have a mechanic check the following items on your car: battery, antifreeze, wipers and windshield washer fluid, ignition system, thermostat, lights, flashing hazard lights, exhaust system, heater, brakes, defroster, and oil level.
Dress appropriately for the weather and in several layers of loose-fitting, lightweight, warm clothing rather than one layer of heavy clothing. Buckle up and use child safety seats properly.
NEW RULES FOR SAFETY TRAINING ATTENDANCE
Did you know you may be causing yourself un-needed risk? A good number of group members filling out required claims forms, like the C-3, fail to complete the form in it’s entirety. They assume that the information is readily available to the reader of the form.