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Employee and Forensic Testing

Approximately 30% of the current workforce is abusing illegal drugs. Drugs in the workplace cost employers millions every year in poor work performance and the downtime caused by the inevitable drug-related accidents at work. The only way to effectively protect yourself or your business from the havoc drug abuse can cause is to implement a drug testing program. Businesses that have instituted a regular drug testing program report dramatically lower incidents of accidents, less drug addiction among workers, and increased savings in personnel expenditures.

The employer's need to ensure a "drug-free" workplace is always balanced by the employee's right to privacy. Businesses contemplating instituting a drug testing program should understand the laws governing such testing and the action a business is allowed to take on a given test result. The following overview should answer your basic questions, but for more detailed information or to setup an account you can e-mail or call us at out our toll free number (800) 875-4797.

Employee Drug Testing Policies

Employers typically use one or a combination of the following types of testing as part of their drug policy. Depending on the type of testing, the employer and employee have different rights and responsibilities.

Pre-Employment Testing: As part of the recruitment and hiring process many businesses require an applicant to pass a drug test before hiring. This is the most common type of testing done by businesses. If a prospective applicant tests positive for an illegal drug permitted to be tested, an employer has the right not to hire the applicant. Note the difference when testing current employees.
Random Employee Testing: Because drug abuse can pop up at any time, employers often institute a random drug testing policy. All employees, regardless of any other factor, are tested over time. This type of testing can be very effective in discouraging drug abuse among current workers since a drug test can be required at any time, but there are very strict legal issues regarding how often random testing can be done and what action an employer can take in the event of a positive result. Current employees can file a lawsuit for unfair firing practices if the laws are not followed.

Requirements of Employee Testing

Employers cannot test for every illegal substance available. Drug testing and methodology is governed by the Substance Abuse and Mental Health Administration (SAMHSA). SAMHSA rules state that only certain illegal substances can be legally tested for using certain scientific methodologies. These requirements along with rules governing specimen collection & handling, make up what laboratories call Forensic Testing. Forensic testing, as the name implies, is a secure method of assuring results are accurate. In short, this is what makes up the requirements of SAMHSA Employee Testing.

SAMHSA Drug Profiles: SAMHSA rules permit testing of up to 9 common classes of illegal drugs in two profiles (NIDA 5 or NIDA 9). A couple exceptions have been made as detailed in the list of the drug profiles. Employers are not permitted to test non-SAMHSA regulated drugs or take action based on such results.
Valid Testing Methodology: All forensic employee testing is subject to screening and confirmation utilizing various SAMHSA approved scientific methodologies. Generally, specimens are initially tested (screened) via EIA. Positive specimens are then tested again by GC/MS (Gas Chromatography/Mass Spectrometry) to confirm the result. An explanation of these methods can be found in our Methodology Page in the Drug Information Library. All laboratories are required to adhere to SAMHSA's regulations regarding forensic testing.
Medical Review Officer: Confirmed positive results can be somewhat confusing to the layman. A result may be influenced by cross-reactivity of the laboratory's testing methodology or influence from another substance ingested by the employee prior to the drug test. To account for these factors, all positive employee test results must be subjected to a review by a Medical Review Officer, trained personnel who review all the factors to determine an accurate result. This result is then given to the employer.

SAMHSA Approved Drug Testing Profiles

NIDA 5: Amphetamine, Opiate, Cocaine, PCP, Marijuana
NIDA 9: The NIDA 5 plus Barbiturates, Benzodiazepine, Darvon/Propoxyphene, Methadone
Special Rules Drugs