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WHO PAYS FOR THE DRUG TEST
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
- 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.
Drug Testing. What is Drug Testing?
Questions to ask when considering a drug testing program.
When
Should You Drug Test?
How To Implement A Drug Testing Program, What Should A Drug Testing Policy Include?,
The Concequences of Testing Positive or Refusing To Take a Test.
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