Drug and alcohol use in the workplace is a thorny issue for many employers. As such, many employers are implementing policies and programs to minimise associated risks.
Where are a number of important trends in workplace alcohol and drug testing, and one of the latest and most obvious trends in the industry has become the need to test for synthetic drugs – in particular, synthetic marijuana/cannabis, which is the only synthetic drug that can be detected using an onsite urine device at this stage, according to Kara Lane, national sales manager, LaneWorkSafe. “In recent years, synthetic marijuana – aka “kronic” – has substantially increased its presence on a global level, and due to this, safety officers are being made aware it should be tested for in the workplace,” she says.
“Synthetic marijuana is certainly an interesting substance to discuss due to the fact it is so undetermined; indeed, while it may be similar to marijuana in its ‘mimic-like’ effects, it is very different in composition and make-up. It is known that manufacturers of this banned substance continually change and alter the contents, consequently making it difficult to accurately detect. Adding to this, it should be noted that it is not listed or covered by the Federal Aviation Administration FAA 9120.1 - like marijuana, opiates, amphetamine, methamphetamine, cocaine and benzodiazepines.”
Steve Korkoneas, national operations & technical manager, Medvet, says there is a general trend towards oral fluid drug testing, particularly in heavily unionised environments. This has primarily come about due to hearings where the findings have been found in favour of oral fluid over urine testing for new drug and alcohol programs.
While there is a trend toward onsite oral fluid testing, the majority of companies are still drug testing their staff using urine, in some cases because it’s legislated, but also because the onsite urine screening process is a fully accredited process.
Successful Program Hallmarks
Successful workplace alcohol and drug testing policies and programs should include a holistic approach including education on the effects of drugs and alcohol to all staff, training to managers and supervisors in assisting them to identify employees at risk, as well as having a robust policy and procedure, Korkoneas says. “As mentioned above, education and training of employees is crucial in a successful program, and ideally this should be performed prior to any alcohol and drug testing program.
Make sure the education and training packages are delivered by appropriately qualified providers – Registered Training Organisations (RTOs) are your best option.”
Whether a company performs their own testing or outsources the program, he says it’s important the devices used are compliant (ask for a certificate) with the relevant standards. If using a third party provider ensure they are accredited.
“Access to a qualified toxicologist for drug result interpretation and a medical review officer (MRO) for clinical assistance is crucial so companies can make informed choices about how to manage someone with a confirmed positive drug test from the laboratory,” says Korkoneas. “These days many businesses work around the clock, so if using a third party supplier, make sure they have 24/7 service for reasonable cause and post-incident testing.”
Lane says one of the most important hallmarks is that a program must meet the lawful requirements for both employee and employer. “That is, ensuring both parties have understood and of course agreed to the specific guidelines and steps that are outlined and expected,” she says.
“In conjunction with this, a policy and program should be clear and simple to understand. This will ensure a better opportunity of acceptance for all parties involved; failure to make this clear from the outset can, in some cases, cause delay and dislocation in acceptance of the policy and subsequent programs.”
Another important hallmark is keeping up to date with recent findings and ensuring the policy and programs reflect these potential changes. “This ties in with my earlier point on synthetic marijuana and also recently can be seen with the increase of oxycodone prescriptions. Recent studies have shown a 152 per cent increase in issuing oxycodone prescriptions; what a recent ABC article found as a trend that is being ‘diverted from medication use to illicit use’. Like synthetic drugs, oxycodone is not covered by international standards, however, options for its detection are available.”
Common Challenges
There are a number of common challenges and pitfalls that organisations face in implementing workplace drug and alcohol testing programs. These include a lack of understanding and/or awareness on recent trends and developments, and how best to combat them effectively, says Lane. “That is, ensuring their policy and programs are up to date and they are using both a drug and alcohol device that can accurately and reliably meet these changes,” she says.
As technology continues to evolve and science continues to improve, Lane says that onsite devices for both drug and alcohol are becoming faster, easier to use and more reliable. “It is imperative that the onsite devices selected for the drug and alcohol programs meet the requirements of the international standards. Failure to do so may lead to potential costly and stressful legal proceedings.”
Another challenge that has recently developed is what drug testing method to actually use – more specifically, a saliva testing device or urine testing device. In July 2013 a number of significant technical issues remain unable to be resolved - a decision has been made to withdraw the accreditation for this testing. Urine drug testing has not been questioned in its reliability and still withstands accreditation in on-site testing.
Korkoneas says the biggest pitfall companies face is lack of or no consultation with employees when introducing a drug and alcohol testing program. “It’s more important than ever, particularly under the current OHS legislation, that employees are engaged in this process,” he says. “Key stakeholders may include health and safety representatives, union representatives, safety managers and importantly human resources. The HR department is crucial in driving the introduction of a drug and alcohol program, because although it primarily can be seen as a ‘safety issue’, which of course it is, at the end of the day, it’s about managing people, particularly those who test positive to a drug or alcohol test.
“Although putting a robust drug and alcohol policy and procedure in place takes a lot of energy and time, if the company has decided to include a drug and alcohol program, it’s imperative to get the policy and procedure right at the start, before testing begins, for the best chance of success.”
Korkoneas says another common pitfall is not having access to an MRO to help human resources in managing the affected employee. “Canada and the US generally have a ‘zero harm’ versus a ‘zero tolerance’ approach, and most companies offer counselling initiatives when a drug or alcohol issue is identified. Having easy access to an MRO can facilitate decision making in employee management,” he says.
Steps for Companies
It’s important the key stakeholders, particularly HR which drives the drug and alcohol policy and procedure, with the assistance of other key stakeholders, remember: “consult, consult, consult”, says Korkoneas. “Although this takes time at the front end, it will pay off at the back end.”
The policy and procedure should contain clear guidelines for confirmed positive drug and/or alcohol results, available counselling and other support options as well as guidelines for disciplinary action. It’s crucial the policy and procedure is written in a way that all employees are able to understand the content, including the outcomes of a positive drug or alcohol test, he says.
Lane adds that it is important to stay up to date with industry knowledge and work with their supplier in doing so. “Indeed, partnering with a reputable supplier will ensure that ongoing support and questions can be covered throughout the process.”
The Role of OHS
Quite often, OHS professionals are put in charge of the program once it has been established and are responsible for the management of it, including scheduling of random testing and identifying employees eligible for post-incident and for cause, says Korkoneas. “The OHS professional needs to have a very good understanding of the policy, program and how to manage a non-negative on-site drug test result,” he says.
“The OHS professional needs to continue to work in combination with HR, however, needs to take a step back in the management of the employee who has tested positive. This is a people issue and is best managed by the human resource professional.”
Lane says choosing an accurate and reliable on-site drug and alcohol testing device is a key factor. “Indeed, this is arguably the most important aspect of any workplace drug and alcohol policy; OHS professionals should ensure the device they are using is certified to avoid any costly or stressful legal proceedings,” she says.
“Secondly, have a short- and long-term plan. Ensure it covers what drugs will be tested for; how often employers will be tested; will there be random or blanket tests conducted; and what method of testing will be used.”