Drug Testing News

The Financial Times published an article yesterday on workplace drug testing in Europe that contained some interesting facts:

The Financial Times article also provides a case study:

Zero tolerance approach keeps ferry services afloat

NorfolkLine Ferries has had a drug and alcohol testing policy in place for more than 10 years. The UK company has 430 onshore employees and 800 people on vessels on rolling rotas. Last year more than 2m passengers travelled on its ferries across the English Channel and the Irish Sea. The company also runs freight services.

“We have a zero tolerance approach to drugs and alcohol for our vessel-based employees. The shore-based employees are subject to random drug testing but can drink to the legal driving limit,” the company says.

It randomly tests 15 per cent of staff every year. It also tests individuals if their behaviour is considered suspicious or after any accidents or other incidents. Employees are contractually required to let the company take breath, saliva or urine tests.

“Sometimes there are people who refuse to take the test. This usually results in disciplinary action and can often lead to dismissal,” the company says. On average, it says, it dismisses fewer than five people a year for failing such tests.

But there is a policy of self-referral in place which means that employees who worry that they might fail a future test can sign up to therapeutic programmes to help them with drug or alcohol issues at the company’s expense.

The DaytaTree Team

The StarPhoenix has published an article called Alcohol insidious workplace issue that outlines the problem and how difficult it can be to solve:

Alcoholism or heavy drinking is a serious problem for businesses. An estimated 15 per cent of the workforce can be considered problem drinkers. These drinkers are functional in that they remain at work and perform at a satisfactory or even above-average level. Yet their drinking can damage their health, their home life and if left unchecked, their career. Worse still, many people who have trouble with alcoholism also suffer from depression or anxiety. A pattern emerges over time in which alcohol is used to self-medicate, to reduce worry and nervousness or provide a temporary escape from the blues.

Taken together the symptoms are a warning for employers to take substance abuse seriously. The law dictates it too. Substance abuse is considered a disability, making dismissal, demotion, suspension or discipline due to problem drinking or substance abuse discriminatory.

The DaytaTree Team

The Edmonton Journal has written a good article about an appeal by the Alberta Human Rights Commission to Supreme Court of Canada to decide on a national leval on the conflict between Alberta rules supporting dismissals of substance abusers for safety’s sake and Ontario rules against such firings as discrimination. The article outlines various confusing and conflicting lower court decisions over the past few months and the lack of national rules regarding workplace drug testing.

The DaytaTree Team

All drug testing programs should include a strong educational element.

A seven minute video is available on YouTube on the devastating impact of cocaine on people’s lives.

The DaytaTree Team

The Financial Times has reported that the rate of cocaine abuse by UK workers detected during workplace drug testing increased by over one third in 2007. The positive test rate for other drugs and alcohol also increased slighlty. Overall, the positive rate during workplace drug testing was about 5 per cent in 2007, which is a 5.4 per cent increase on 2006.

Twenty-two per cent of UK employers conduct either random drug testing or pre-employment screening and another 9 per cent are planning to develop a workplace drug testing program.

The DaytaTree Team

The negative impact of employees taking drugs or alcohol while on duty is illustrated by the press coverage received by the Erie County Water Authority when an employee was charged with driving while intoxicated on the job.

The DaytaTree Team

HR Zone has published statistics on workplace alcohol problems:

Nearly a quarter of UK businesses admit to problems with hungover staff on Monday mornings.

Around a quarter of accidents in the workplace are alcohol-related and 12 per cent of under 30-year-olds have been off sick due to excess alcohol, according a recent survey of 1,500 firms by insurer Royal & Sun Alliance. Recent research has also shown that alcohol abuse amongst women is climbing. Separate figures from the HSE suggest that 23 per cent of women aged between 16 and 24 drink over 21 units a week. The advised limit is 14.

The DaytaTree Team

Niels de Vos, the chief executive of UK Athletics, is proposing that the use of drugs in track and field athletics should become a criminal offence in the UK. He has cited the Tour de France as an example of a sport where sports cheats were subjected to police investigation.

The DaytaTree Team

A feature article in the Washington Post about how painkiller abuse is widespread among coal mine workers.

The DaytaTree Team

HRZone has published an article on how to implement an alchohol and drug policy in the UK.

The question to ask yourself up front is this: will having a policy be of any practical use?

You can certainly write a drugs testing policy and into that policy you can write that employees will be required to undergo regular and/or random drugs testing.

But since you cannot actually force an employee to undergo a drugs test, as drugs testing against an employee’s wishes will either be an assault (because you will need a blood or hair sample for example) or will require you secretly testing their urine, neither of which seem terribly sensible approaches to employee relations. As such, one key issue will be what you do if the employees refuse to undergo the test.

If the policy is contractual, then failure to comply by the employee will be a breach of contract and may be sufficiently serious to lead to summary dismissal, although ideally if you do want to go down this route you should express it in your policy and repeat it in your disciplinary policy.

Failing that, a breach will lead to a warning escalating over time to dismissal. Much will depend upon the initial reason for the test and there will be a difference between testing someone because you perceive that they may be under the influence of drugs (where there will presumably be evidence of intoxication as without that you couldn’t be suspicious) and merely random testing where there is no particular suspicion, it’s just a matter of routine.

Finally, you will need to consider what you do if you carry out a drugs test and it turns out to be positive. Are you going to dismiss, warn the employee, tell the police? Will your test differentiate between legal and illegal drugs and will your reaction be different depending on which is discovered?

This is not as simple as it may seem. Imagine two scenarios: Employee A is found with prescription drugs in his system. He has driven to work and his drugs say that he should not drive whilst taking them. Is this akin to careless driving; will you tell the police; will they be interested?

Employee B is found with a very small amount of an illegal drug in his system but you are advised that the amount is so small that it would not have had a significant effect on the individual. His level of ‘intoxication’ by drugs is equivalent to a small beer. Do you discipline, tell the police, perhaps even dismiss?

These are fine judgements, and before this particular can of worms is opened you must think through how you will deal with this.

The DaytaTree Team

A summary of the drug testing policies in various sports illustrates how varied the drug testing policies are.

The DaytaTree Team

Illinois state legislature has passed Public Act 095-0635, also known as the Substance Abuse Prevention on Public Works Projects Act, which prohibits employees in the state from using, possessing, attempting to possess, distributing, delivering, or being under the influence of drugs and alcohol while performing their duties on public works projects.

The full text of the act is available here.

The legislation goes into effect January 1, 2008.

The DaytaTree Team

Personnel Today has published an interesting article about zero tolerance of drugs and alcohol in the workplace that includes a case study:

Petrol giant Shell strives to ensure that the workplace is free from the effects of what is commonly called substance abuse; the use of illegal drugs, the misuse of legal drugs or other substances, and the abuse of alcohol.

Its drug and alcohol policy applies to all employees and contractors, but with particular emphasis on those who work at or visit safety-sensitive sites and/or hold safety-sensitive jobs, where the risks are greatest.

The policy includes standards of behaviour - employees should be fit and ready to carry out their work duties at all times, except where authorised for special occasions. Alcohol is not permitted during working hours on company sites, although some sites have also been designated alcohol-free at all times. The misuse of legal drugs is prohibited, as is the use, possession, sale or distribution of illegal drugs.

Shell also believes in education and awareness and has medical advisers and occupational health units with readily available information and advice, drugs and alcohol awareness booklets and videos.

There’s a rehabilitation programme to help employees before drug or alcohol dependency affects work performance. Staff who believe they have a problem are encouraged to ask their line manager or medical adviser for support. Drugs and alcohol are recognised as an ill-health condition; anyone who voluntarily discloses a dependence will be helped.

Testing for evidence of substance abuse is undertaken where there is good reason to suspect it, such as a particular incident, abnormal behaviour or appearance, or absence problems. Testing procedures are carried out with the individual’s consent. However, the failure of an individual to consent to a ‘with cause’ test will be considered serious misconduct. Searches may be conducted where there is good reason to believe that drugs or alcohol have been brought to the workplace or are in an individual’s possession. This might include a search of personal effects, desks, lockers and other company property. The failure of an individual to consent to a search will be considered serious misconduct, as will the discovery of drugs or alcohol.

The DaytaTree Team

Researchers at George Washington University are conducting a survey about alcohol screening and brief intervention (SBI) techniques used in workplace health promotion programs, employee assistance programs, occupational health programs, and rehabilitation programs.

Employers and professionals are invited to complete online questionnaires:

Employers can participate at:
http://www.surveymonkey.com/ensuringsolutions_employersurvey

EAP/MBHO vendors can participate at:
http://www.surveymonkey.com/ensuringsolutions_vendorsurvey

The DaytaTree Team

All employers conducting a workplace drug and alcohol testing program should provide factual information from reliable sources to employees. The Centers for Disease Control and Prevention has published a Web page with facts about alcohol and driving.

The hard facts on drink driving accidents are:

During 2005, 16,885 people in the U.S. died in alcohol-related motor vehicle crashes, representing 39% of all traffic-related deaths (NHTSA 2006).

In 2005, nearly 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (Department of Justice 2005). That’s less than one percent of the 159 million self-reported episodes of alcohol–impaired driving among U.S. adults each year (Alcohol-impaired driving among U.S. adults, 1993-2002. American Journal of Preventive Medicine 2005;28(4):345-350).

Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are generally used in combination with alcohol. (Source: State of knowledge of drug-impaired driving, NHTSA, 2003. Report DOT HS 809 642).

More than half of the 414 child passengers ages 14 and younger who died in alcohol-related crashes during 2005 were riding with the drinking driver (NHTSA 2006).

In 2005, 48 children age 14 years and younger who were killed as pedestrians or pedalcyclists were struck by impaired drivers (NHTSA 2006).

Some other good resources for drinking driving that are relevant for workplace drug and alcohol testing programs:

The DaytaTree Team

New Zealand’s Herand on Sunday published an informative question and answer article with Annette King (the country’s Minister for Police) about the introduction of stronger measures to combat the problem of people driving under the influence of illegal drugs.

The minister also addresses the question of legal prescription drugs.

It is an offence to drive while incapable of proper control of a vehicle due to alcohol or drugs. That offence will remain under the proposals for new legislation. The new offence will be for driving while impaired by illegal drugs. If impairment is detected at the roadside, the police officer will be able to prevent the driver from continuing to drive. If prescription drugs are found in the blood, then as long as they were taken by prescription, the driver would not be charged with driving while impaired by illegal drugs, but may be charged with other driving offences such as careless or dangerous driving.

Driving under the influence of alcohol is still a much greater problem than driving under the influence of illegal drugs. But both can be equally destructive and the new law in New Zealand ensures that there is a specific penalty for the drug offense. It seems likely that other countries and states will follow New Zealand’s lead. A workplace drug testing program should also identify different levels of response for driving under the influence of alcohol, illegal drugs, and prescription drugs.

The DaytaTree Team

John Harris of The Guardian, a leading UK newspaper, has written an interesting article “Our biggest drug problem is an ocean of cheap alcohol”.

The article argues that alcohol has become a major problem in the UK. Some of the facts quoted include:

According to the Institute of Alcohol Studies, drink is now about 55% more affordable than it was a quarter-century ago.

Official figures put the number of “hazardous and harmful” drinkers at 7.1 million.

In the last decade, alcohol-linked hospital admissions have doubled. Drink-related mortality has moved along much the same curve, and deaths have disproportionately risen among 35- to 54-year-olds.

This has important implications for workplace safety - and implies that alcohol should be included in any workplace drug testing program.

The DaytaTree Team

The StreetDrugs Web site has published an interesting list of the top ten misused drugs.

TOBACCO : biggest killer (400,000 deaths/year)

ALCOHOL : most widely abused legal substance

PRESCRIPTION DRUGS : dangerously addictive, rising in popularity

METHAMPHETAMINE : labeled an epidemic problem by the press

MARIJUANA : most widely abused illegal substance

MDMA (ECSTASY) : little research on long term effects, still popular

CRACK COCAINE : cheap, destructive drug making a comeback

HEROIN : highly addictive drug making a comeback in some areas

STEROIDS : horrible side effects, the toll they’re taking on athletics

INHALANTS : abuse is on the rise among youth again

It seems logical that a workplace drug testing program should include almost all of the drugs on the list.

The DaytaTree Team

A new study* in this month’s issue of the Archives of General Psychiatry estimates that about 30 per cent of Americans report having an alcohol disorder at some time in their lives. Most of the problems (17.8 per cent) are due to alcohol abuse and the rest of the problems are due to alcohol dependence (12.5 per cent). The research was conducted by researchers from Columbia University in New York, New York State Psychiatric Institute, and the National Institute on Alcohol Abuse and Alcoholism.

Both alcohol abuse and alcohol dependence can have serious negative consequences such as car crashes or violence - and of course, workplace accidents or poor performance.

The report found that 8.5% of adults had an alcohol use disorder in the 12 months prior to the survey and that alcohol dependence was statistically more common among men, whiles, Native Americans, younger unmarried adults, and lower income groups.

The report shows that alcohol-related problems are far more common than drug-related problems.

The DaytaTree Team

*”Prevalence, Correlates, Disability, and Comorbidity of DSM-IV Alcohol Abuse and Dependence in the United States: Results From the National Epidemiologic Survey on Alcohol and Related Conditions.” by Deborah S. Hasin, Frederick S. Stinson, Elizabeth Ogburn, and Bridget F. Grant.
Archives of General Psychiatry, Volume 64 Number 7, July 2007

The Menninger Clinic published a press release one week before the arrest of Al Gore III last Wednesday.

The press release contains some interesting information that is relevant for the Gore case.

Painkiller abuse is now a very common problem:

Increasingly, drug abusers are getting their next fix from their medicine cabinets, instead of from drug dealers.

More than 6 million Americans abuse prescription drugs, according to the U.S. Drug Enforcement Administration. One in 10 teenagers admits to abusing painkillers, such as Vicodin and Oxycontin. Painkillers cause more overdoses than cocaine and heroin combined.

The article explains how painkiller abusers support their habit:

Once hooked, patients may doctor shop to get multiple prescriptions to painkillers, forge prescriptions, order painkillers from web sites that don’t require prescriptions or take a road trip to Mexico to supply their habits. Teenagers can get prescription painkillers from their parents’ medicine cabinets and their friends—even dealers. Because prescription painkillers are so readily available, they don’t have the stigma of illegal drugs, like heroin.

The article also explains why it is difficult to stop painkiller abuse:

Because opiates are so rewarding and reinforcing, once a person stops using them, the body goes into shock and withdrawal. Symptoms of withdrawal are similar to a severe case of the flu and may include fever, vomiting, diarrhea, muscle and bone pain, insomnia, cold flashes with goose bumps and involuntary leg movements. To avoid pain, many people abusing painkillers keep using.

But there are now ways of treating painkiller abuse:

New medications help painkiller abusers avoid the painful symptoms of withdrawal and cut the time of withdrawal. The drug buprenorphine was approved by the FDA in 2002 to help ease the symptoms of detoxification and radically decreases the time of detox from an average of two weeks to one or two days. Buprenorphine is a safer alternative to methadone and is available in a convenient pill form. The medication speeds a patient’s entry into treatment, cutting down the time he or she is in bed and feeling uncomfortable withdrawal symptoms and drug cravings.

However, in a lesson for workplace drug testing programs, it should be noted that:

Relapse rates for patients who abuse painkillers are high, so creating a relapse prevention plan is crucial.

The DaytaTree Team