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Drug and Alcohol Testing – Who, What, When, and How
Finding and retaining dependable and productive employees is every employer’s priority. Since the legalization of marijuana in Ohio, many employers have been prompted to re-evaluate their current drug-free workplace programs.
When you are considering making changes to your program, consider what authorities may be associated with your organization that could dictate what, when, who, and how you test BEFORE you make the revisions.
For example, if you’re contemplating adding or removing drugs from your drug testing panel, be cautious and remember if you’re enrolled in the Drug-Free Safety Program through the Bureau of Workers Compensation, you are required to AT LEAST test for amphetamines, cocaine, marijuana, opiates, and phencyclidine (PCP/angel dust) at the federally established cut off levels. However, the Comparable, Basic, and Advanced levels each have a set of requirements that may offer flexibility regarding who and what you test for.
Maybe you want to reduce the opportunity for employees to adulterate a test, and you want a less invasive method of administering drug tests; therefore, you decide to switch from urine to oral fluid testing. AGAIN, caution. If you are enrolled in the Drug-Free Safety Program (DFSP) or have employees regulated by the Department of Transportation (DoT), then this method of testing may not be acceptable. (Not yet). If you haven’t heard the news of DoT adopting oral fluid testing, please click here for more information.
Short on time and need a quick result? Maybe you want to begin utilizing rapid tests to promote efficiency. Many employers need feet on the ground immediately and waiting for a drug test to cycle through the laboratory and a Medical Review Officer can take some time! Remember – the Drug-Free Safety Program (DFSP) and Department of Transportation do not honor this testing device, meaning you would be uncompliant with their testing specs and regulations.
Should I add an alcohol test by default? HAULT – certain protocols may be in place dictating when you can add an alcohol test.
Drug and alcohol testing is a BIG DEAL! Civil liberties are involved, and it is very important to follow protocols within your policy, maintain consistency, and stay current on the ever-changing laws and regulations of the state and dictating authorities that your company may be subjected to.
Unions advocate for their employees and it’s imperative as an employer to be educated and adhere to any existing drug testing policies you have in place with your union and to always consult with your union if you’re considering deviating from your policy.
Unions, DoT, DFSP, and contractors are just a few of the authorities that may require you to adhere to specific testing regulations. It’s important to stay current and educated to help prevent any unintended violations.
If you have questions or are considering making changes and need assistance with navigating the different regulations, please call Working Partners® at 614-337-8200.
DISCLAIMER: This publication is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the publication are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.