Workplace Drug Testing News

The HR BLR has published an article called Which Laws Apply for Drug Test—State or Federal?

The scenario discussed is:

An Oklahoma truck driver ran off the road one night, causing the two trailers he was carrying to overturn. Supervisors called to the site noted that the driver’s eyes were red and required him to provide a urine sample for drug testing. The sample was split into two parts, and was tested separately. Both were positive, and he was fired. But he charged the company didn’t follow state law in its procedures, so he sued.

Governor Jon Huntsman of Utah has announced a new random drug testing program for Utah state employees with access to sensitive information such as addresses, Social Security numbers, bank account details, medical information. The program is unusual in its focus on information security rather than health and safety.  Identity theft has been cited as a key reason for the program follow a high-profile incident by a Workforce Services employee. The program does not need any new legislation in Utah and can be implemented by executive order - extending random testing that currently only covers state troopers, prison officers, and staff with direct public safety responsibilities. 

The current drug testing policy states that any state employee can be required to test if his or her supervisors have “reasonable suspicion” of drug use.

The Construction Labour Relations Association and the Bargaining Council of British Columbia Building Trades Unions in British Columbia have ratified a workplace drug testing policy that enforces mandatory drug testing for all unionized construction workers who are involved in workplace accidents or suspected of impairment and also voluntary pre-employment drug screening.  The new drug testing policy is the first of its kind in Canada and requires mandatory drug and alcohol testing for employees involved in workplace accidents or when there is reasonable suspicion of impairment. Workers who test positive must get clearance from a doctor to return to work and are subjected to follow up tests for two years.

Science News has published an interesting article about catching drug testing cheats. The article concludes by stating:

But, he continued, no matter the cost, keeping workplaces drug-free is important because clean environments prevent accidents and also improve productivity. The American Council for Drug Education reports that drug abusers are 33 percent less productive and 10 times as likely to miss work than employees who are sober and do not use drugs. Drug abusers are also almost four times more likely to be involved in on-the-job accidents and five times more likely to file workers compensation claims for such accidents.

West Virginia Alcohol and Drug-Free Workplace Act, Senate Bill No. 657, takes effect today. The new legislation instructs “public improvement contractors to have and implement a drug-free workplace program that requires drug and alcohol testing.” and defines the scope of public improvement to include “includes all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures upon which construction may be let to contract by the State of West Virginia.” The legislation decribes testing protocols and requirements and offers guidance.

The Arkansas Court of Appealshas ruled that a former shuttle bus driver for the University of Central Arkansas who was fired after testing positive for marijuana on a Department of Transportation drug test was not entitled to unemployment benefit. The appeals court affirmed an earlier ruling by The Arkansas Board of Review that found that the worker had demonstrated deliberate disregard for his employer’s interest and therefore was not entitled to unemployment benefits.

Six New Zealand soldiers, out of a total of 120 troops, have been sent home to New Zealand from Afghanistan to face a court martial for allegedly using drugs while on active service there. The New Zealand Defence Force has a zero tolerance policy because soldiers who use drugs cannot be fully trusted in safety critical situations, especially battlefields. The soldiers are accused of using hashish, which is considered a Class B drug.

The New York Times has provided interesting coverage of the expansion of the NYPD drug testing program to include steriods.

Contractors working on West Virginia state construction projects will be subject to drug and alcohol testing under the Alcohol and Drug-Free Workplace Act recently signed by Governor Joe Manchin, which will bring the public sector into line with private construction projects. The law will require contractors to conduct random drug tests annually on at least 10 percent of their workers and also to conduct pre-employment drug tests on all employees. The new law also requires contractors to have a written plan for a drug-free workplace and to provide two hours of drug-free education for new employees. The law allows employees who test positive for drugs or are caught skewing a test to be fired, but protects employees from criminal or administrative proceedings.

The Affiliated Construction Trades Foundation has welcomed the new law.

The Boston Globe has published an article about ‘Operation Redblock’, a workplace drug testing program that aims to improve railroad safety by training employees to confront fellow employees who appear to be under the influence of drugs or alcohol, persuade them to go home, and provide them with counseling options.

The innovative program follows three recent serious accidents in Massachusetts where four rail workers tested positive for drugs or alcohol.