The Quest Diagnostics Drug Testing Index™ (DTI) is known to be the Drug Testing Industry’s longest standing and most frequently utilized resource for drug trends in the American workforce.  Policymakers, media, employers, and the general public utilize this source to provide a basis for trends associated with drug testing data, facts and results on regular basis.

The DTI report examines testing results broken down by positivity, testing reason and specimen type.  Since 1988, the DTI has analyzed millions of drug test results and tracked the evolution of the drug testing industry.

The National Survey on Drug Use and Health (NSDUH) which is used in conjunction with Quest’s DTI’s is used to compare positivity trends and self-reported drug use throughout several periods of time.

The most recent DTI data and reports revealed a steady increase in overall positivity in the combined U.S. workforce that reached a 10-year high.  The NSDUH survey results also support the DTI findings.

NSDUH also reports a year-over-year increases of self-reported drug use since 2012.  Furthermore, the DTI brought attention to increases in marijuana positivity during the past five years.

NSDUH also revealed a higher self-reported use for marijuana with approximately 22 million Americans identifying as current users.

Dr. Sample re-emphasizes these conclusions from the NSDUH data:

• Employee drug use in society is rising among employers without a drug testing program.
• There is typically a 30 to 45 percent higher occurrence of self-reported drug use for respondents who work for an employer without a drug testing program.
• In relation to self-reporting, marijuana use, the most commonly detected drug by the DTI, has increased year-over-year since 2010.

Since the approval and implementation of the Drug-Free Workplace Act of 1988, drug use among American workers has declined 74 percent and workplace drug testing programs have proven to be a valuable tool to deter drug use and promote safe and healthy environments.

Data from the DTI and NSDUH showcase the importance of screening applicants and current employees for drug use and continuing to remain committed to drug-free workplaces.

 

For more information or to read the entire report, download the Quest Diagnostics Drug Testing Index 2016 report or contact us at 800-221-4291 or at www.accrediteddrugtesting.net/contact

April 29, 2017 – 10AM to 2PM

This year’s National Prescription takeback day will be held on April 29, 2017 between 10:00am and 2:00pm.

The National Prescription Drug Take Back Day aims to provide a safe, convenient, and responsible means of disposing of prescription drugs, while also educating the public about the potential for abuse and medications.

The 2016 Prescription take back event was the most successful in recent years since its inception in 2010.  Last year illustrated Americans’ understanding of the value of this service.

In 2016, the DEA partnered with over 4,200 of its state, local, and tribal law enforcement partners collected 893,498 pounds of unwanted medicines—about 447 tons—at almost 5,400 sites spread through all 50 states, beating its previous high of 390 tons in the spring of 2014 by 57 tons, or more than 114,000 pounds.

2016 Top 5 States Participating

1. Texas (almost 40 tons);
2. California (32 tons);
3. Wisconsin (31 tons);
4. Illinois (24 tons); and
5. Massachusetts (24 tons).

Recent studies have indicated that most prescription drug abusers report that they get their drugs from friends and family. With the success of National Prescription Takeback Day, it is promising that many Americans understand that cleaning out old prescription drugs from medicine cabinets, kitchen drawers, and bedside tables reduces accidents, thefts, and the misuse and abuse of these medicines, including the opioid painkillers.  This is a huge impact in as much that opioid painkillers accounted for 20,808 drug overdoses (78 a day in 2014 which is the most recent statistics from the Centers for Disease Control and Prevention). The studies also show that 8 out of 10 new heroin users began by abusing prescription painkillers and moved to heroin when they could no longer obtain or afford those painkillers.

“These results show that more Americans than ever are taking the important step of cleaning out their medicine cabinets and making homes safe from potential prescription drug abuse or theft,” said DEA Acting Administrator Chuck Rosenberg.  “Unwanted, expired or unused prescription medications are often an unintended catalyst for addiction.  Take-Back events like these raise awareness of the opioid epidemic and offer the public a safe and anonymous way to help prevent substance abuse.”

Where did the National Prescription Takeback Day Come From?

This event stemmed from the final rule called the Secure and Responsible Drug Disposal Act of 2010 (“Disposal Act”)

What is the Drug Disposal Act?

The Drug Disposal Act amended the Controlled Substances Act (CSA) to give the DEA authority to endorse new regulations, within the framework of the CSA.  This would allow an “ultimate user” to deliver unused pharmaceutical controlled substances to appropriate entities for disposal in a safe and effective manner consistent with effective controls against diversion. The goal of the Disposal Act is to encourage public and private entities to develop a variety of methods of collection and disposal in a secure, convenient, and responsible manner.

Who is an “ultimate user”?

The Controlled Substances Act defines an “ultimate user” as “a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member

Will there still be take-back events every six months?

Law enforcement may continue to conduct take-back events at any time. Any person or community group, registrant or non-registrant, may partner with law enforcement to conduct take-back events. The DEA encourages communities to partner with law enforcement to continue to conduct take-back events.

The DEA will continue to sponsor nationwide take-back events in the spring and fall. DEA will continue to encourage local law enforcement to implement additional take-back efforts conducted in accordance with the new regulations.

Can I dispose of illicit drugs through a collection receptacle, mail-back package, or take-back event?

How can I safely and securely dispose of my unwanted marijuana?

NO!  Individuals may not dispose/discard any illicit drugs (e.g., schedule I controlled substances such as marijuana, heroin, LSD) through any of the three disposal methods.

Furthermore, individuals may not dispose of any controlled substances that they do not legally possess. This includes schedules II-V controlled substances that are illegally obtained and possessed.

 Are there environmental impacts?

Disposed pharmaceuticals must be rendered non-retrievable in compliance with all applicable Federal, State, tribal, and local laws, including those relating to environmental protection. By expanding options on how ultimate users may dispose of their pharmaceutical controlled substances, fewer of these substances may end up in our nation’s water system.

For more information on the DEA’s Takeback Initiative or to find a collection site near you Click Here

 

 

In San Diego California, police are using new mouth-swab tests to nab drivers under the influence of marijuana and other drugs.  This new method of confirming the presence of marijuana and other drugs in impaired drivers is a mouth-swab device that is already being used by police departments in more than a dozen states and is expected to become more popular with the legalization of marijuana.

The two Dräger DrugTest 5000 machines, which cost about $6,000 each, were donated by the San Diego Police.

What is the DT5000?

The DT5000 utilizes oral fluid to test for the presence of psychoactive components from seven of the most commonly abused drug types, including

• cannabinoids (THC),
• opiates,
• cocaine,
• amphetamines,
• methamphetamines,
• benzodiazepines and
• methadone

The machine is measured at about the size of a mini bookshelf stereo system.  It allows law enforcement to have an accurate, reliable and easy to use tool to help deter impaired drivers on our roadways.

The DT5000 is leveraged by law enforcement personnel in more than a dozen states during roadside stops and offers quick non-invasive results, as an alternative to collecting urine or blood samples during driving under the influence of drugs (DUID) investigations. The device does not read the level of intoxication; drivers would have to take a lab based urine or blood test for that information or a second mouth swab sent to an independent confirmatory lab for independent analysis.

“It’s a huge concern of ours with the legalization of marijuana that we’re going to see an increase in impaired drugged driving,” Police Chief Shelley Zimmerman said at a news conference.

California voters approved the use and cultivation of recreational marijuana by passing Proposition 64 in November.

In an effort to prepare for the impacts of the law, several San Diego narcotics officers went to Denver to learn how Colorado has fared since recreational marijuana was legalized.  Offcials have found that the region has seen an uptick in drugged driving, Zimmerman said and the numbers have been growing in California as well.

According to the California State office of Highway Safety, in 2014, 38% of drivers who were killed in motor vehicle crashes in California tested positive for drugs, whether legal or illegal.  This number was up from 32% the year before.

“We want to get these impaired drivers off the streets,” the chief said.

The Dräger 5000 has been utilized since 2009 in the U.S. by law enforcement in cities such as Los Angeles, New York, Arizona, Nevada and has also been utilized in other countries such as Australia, Belgium and Germany.

San Diego initially plans to utilize the machines primarily at DUI checkpoints for now. The Dräger 5000 will be used with the same protocols as the handheld preliminary alcohol screening devices (Breath Alcohol Machines) frequently used in the field to test for drivers impaired from alcohol.  Just as alcohol check points, drivers cannot be forced to submit to a Dräger 5000 test.

Officers will initially utilize their training to recognize the symptoms of drug impairment and will first look for various indicators that a driver is high, such as unsafe driving maneuvers, bloodshot eyes, the odor of marijuana and blank stares, San Diego police Officer Emilio Ramirez said. “Once there is ample suspicion of drug use, the officer can then request to perform field sobriety tests or for a driver to take the Dräger 5000 test.”

If the driver refuses at that point, the officer can force the person to submit to a blood test.

How does the Dräger 5000 work?

• Driver is handed a mouth swab with instructions to run it around the inside of the mouth for up to four minutes.
• The swab is then placed into the machine, along with a vial of testing solution, and the machine does its work.
• It takes about six to eight minutes for results to print out.

A positive result will likely send the driver to a police phlebotomist for a blood test to determine precise drug levels.

If the mouth swab test is negative but the officer still has a suspicion of impairment, then a blood draw might still be mandated, because the Dräger 5000 measures for only seven kinds of narcotics, Ramirez said.

When it comes to detecting marijuana, the machine only looks for the active THC compound that is responsible for the high. That component, delta-9 THC, can stay in a person’s system for a few hours or longer, depending on how the cannabis was ingested and how the person’s body processes the drug. The machine does not look for the inactive THC compounds, which can stay in a person’s system for weeks, police said.

In other words, if someone legally smoked marijuana two days ago, there would be nothing to worry about if tested on the machine.

Evidence from the Dräger 5000 will be admissible in court, although the machine is not expected to have a notable effect on how drugged driving cases are prosecuted, attorneys said.

Under California law, there is no legal threshold for the amount of drugs in a person’s system when it comes to driving.

Alcohol cases are more black and white — a .08% blood-alcohol level or higher is illegal.

Officers and prosecutors have instead had to rely on subjective measures and observations to build a case of drug impairment, which can be different from person to person.

Have you or your business been contemplating implementing a drug free workplace program?

If the answer is yes, you have come to the right place.  Accredited Drug Testing is a Nationwide Third Party Administrator (TPA) that can partner with your firm to help you implement a drug free workplace policy, coordinate your pre-employment, post-accident, reasonable suspicion and random drug testing programs.

After a quick complimentary consultation with one of our customer services representatives, ADT can put together a complete package for all your drug testing needs or provide you with convenient, confidential and cost effective alternatives to your current drug testing program.

Why would you choose ADT?

• No Annual Fee, free of charge to setup up an account
• Discounted rates for all testing once account set up is complete
• Invoiced for testing (monthly) or pay as you go options available
• Access to our online scheduling system, where you may schedule drug testing, obtain real time result notifications and access to our exceptional customer service department.
• Access to our industry newsletter which includes industry news, laws impacting drug testing, additional services offered and client spotlight. (brief introduction to new clients and the services they offer, inquire for more details on our endorsed provider program)
• Drug Free Workplace signage, welcome letter and door sticker

Call us today to discuss your drug testing needs, whether you are regulated by the Department of Transportation (DOT) and must comply with CFR 49 part 40 or choose to implement a drug free workplace, our friendly, knowledgeable and certified staff is here to help.

Contact us today at 800-221-4291 or online at www.accrediteddrugtesting.net/contact-us

 

“When you need a test, choose the best”

Accredited Drug Testing, Inc.

On Wednesday March 29, 2017 President Trump announced that his administration would be creating a new task force which would address the growing heroin and opioid epidemic.

“Drug abuse has become a crippling problem throughout the United States,” said President Donald Trump.

President Trump selected New Jersey Governor Chris Christie to spearhead the commission.

The task force mission is to partner with state and local governments to determine the best methods available or come up with new ways to fight the heroin and opioid abuse problem, which kills an estimated 91 Americans every day.

“I’m thrilled to work with the attorney general…on issues of prevention and interdiction of drugs so that we don’t get people hooked in the first place,” says Governor Christie.

The Growing Opioid Epidemic

This new commission is being created in the most opportune time, as heroin use and option abuse in the United States is continuing to skyrocket.

Columbia University researchers have found that heroin abuse has risen five-fold in the past decade. According to researchers, the biggest jump is among Caucasians between 18 and 44 years of age. The study shows that the trend has been fueled in part by the misuse of opioid prescription drugs.

The Trump administration’s anti-drug task force will also focus on increased law enforcement and addiction treatment.

A report centered around the opioid crisis and potential solutions is one of the immediate actions items of the commission and is expected to be completed by October.

Implementing a drug free workplace program on its own is a challenging task. Just think about the challenges an employer would face implementing a comprehensive drug free workplace program which consists of DOT regulated employees and NON-DOT employees.  However, an employer who implements a Non-DOT and DOT drug free workplace policy is provided with several benefits relating to the business, employee and general public.

DOT Regulations, Drug Free Policy and Non-DOT Employees

Department of Transportation (DOT) regulations 49 CFR Part 40, are typically referred to as the “Gold Standard” in the drug and alcohol testing industry. Part 40 clearly sets forth procedures in the regulations with respect to implementing and properly maintaining a DOT Regulated Drug Testing Program.

Part 40 also provides guidelines for the procedural requirements if the company receives a positive drug or alcohol test result. Consequently, many companies implement Part 40 regulations and procedures for their own Non-DOT or Non-Regulated drug and alcohol testing programs.

In many cases, some employers wish to expand upon Federal Regulations to include testing for different types of drugs, include additional reasons to test and increase the percentage of the employee random testing pool.

Are DOT Policies Outdated?

Many would argue that the DOT policy is lacking or at the very least a little outdated as it relates to the types of drugs employers are permitted to test for. As Part 40 Currently reads, employers are permitted to test for Amphetamines, Cocaine, Marijuana, Opiates (Codeine, Morphine and Heroin) and PCP.  On the other hand, there are several other forms of drugs widely available, and their use is on the rise.  These drugs are currently going undetected by companies only testing under DOT Regulations.

As an employer, what are your options?

Some best practices we often recommend are that employers have separate policies that work in conjunction with their “Safety Sensitive” DOT regulated employees. Today’s employees are starting to abuse drugs beyond the standard DOT 5 panel drug test, leaving the question of should the employee be tested for additional drugs of abuse?

If employers should desire to test in addition to the DOT Regulated Requirements, they must ensure that all DOT requirements are satisfied first and then must request a second collection and test to be executed under the secondary NON-DOT policy utilizing a NON-Federal Chain of Custody Form.  It is essential that these procedures be standardized and consistently practiced to prevent any potential for discrimination.

Here are some astonishing statistics to consider for your drug free workplace program:

• “The United States makes up 5% of the world’s population and consumes 75% of the world’s prescription drugs.” – Source: National Institute on Drug Abuse
• “In the US alone, more than 15 million people abuse prescription drugs.” – Source: Foundation for a Drug-Free World
• “Most abused prescription drugs fall under 3 categories: painkillers – 5.1 million; tranquilizers/depressants – 2.2 million; stimulants – 1.1 million.” – Source: National Institute on Drug Abuse

 

For more information regarding implementing a drug free workplace program call us today at 800-221-4291 or visit us at www.accrediteddrugtesting.net/drug-free-workplace

 

 

 

Anyone out there using prescription painkillers or designer drugs will be having a tougher time joining the military.  In March, the Pentagon released that it plans to expand the number of drugs it screens for in their drug panel.  This change is in response to the prescription painkiller epidemic throughout the United States and the recent popularity of synthetic marijuana.

The following drugs are being added to the US Military Drug Test

• Heroin
• Codeine
• Morphine
• Hydrocodone
• Oxycodone
• Hydromorphone
• Oxymorphone
• Benzodiazepine
• Other sedatives
• And several synthetic cannabis-like drugs

This change will mean that applicants will be screened for the same 26 drugs that all active duty troops are regularly tested for and per the Department of Defense, the new policy is scheduled to begin on April 3, 2017.

In a recent news release, the Pentagon referenced the change to “the level of illicit and prescription medication abuse among civilians as well as the increase in heroin and synthetic drug use”

The Pentagon expects that this new screening will lead to an increase of approximately 450 additional positives per year.  Currently, of the 279, 400 applicants per year there is about 2,400 that test positive for drugs that were already in the Military Drug Panel.

Applicants who fail the drug test may reapply, however, anyone who fails twice is permanently disqualified for Military Service.  Other Military Branches have stricter drug testing policies and this new drug screening requirement will also apply to Officer Candidates, service academies and enlisted applicants.

 

For more information please contact us at 800-221-4291 or www.accrediteddrugtesting.net/contact

 

NCAA Drug Testing Policy Overview

HOW are NCAA Drug Tests Administered?

The NCAA Board of Governors approved Proposal No. 30 at the January 1986 NCAA Convention and Proposal Nos. 52-54 at the January 1990 Convention, these approvals reaffirmed the NCAA institution’s dedication to the principal of fair and equitable intercollegiate competition including their championships and postseason bowl games.

The NCAA drug- testing program was created to ensure further steps were taken in the protection of the health and safety of the student-athletes competing.  Furthermore, this was done to ensure that no one participant might have an artificially induced advantage and that no one participant might be pressured to use chemical substances to remain competitive, but most importantly to safeguard the health and safety of participants.  The NCAA Board of Governors has final authority over the procedures and implementation of the NCAA drug-testing program.

All NCAA member institutions are subject to NCAA drug testing. The drug-testing program involves urine collection and laboratory analyses for substances on a list of banned-drug classes.

The NCAA Board of Governors have developed a list which consists of substances generally declared to be performance enhancing and/or potentially harmful to the health and safety of the student- athlete.

The NCAA drug testing policy bans the following classes of drugs:

1. Stimulants
2. Anabolic agents
3. Alcohol (Alcohol Link/ETG) and beta blockers (banned for rifle only)
4. Diuretics and other masking agents
5. Street/illicit drugs
6. Peptide hormones and analogues
7. Anti-estrogens and
8. Beta-2 agonists

 

NOTE: Any substance that is chemically- pharmacologically related to these classes is also banned. The institution along with the student-athlete shall be held accountable for all drugs within the banned-drug class regardless of whether they have been specially identified.

Examples of substances under each class can be found at www.NCAA.org/drugtesting. However, there is no complete list of banned substances.

The NCAA utilizes a system of banning substances by drug class, they also include related compounds which are included in the class due to their pharmacological action and/or chemical structure.

No substance belonging to the prohibited class may be used regardless of whether it is specifically listed as an example, unless specifically exempted and it is up to the student athlete to ensure they are not in violation of the NCAA Policy.

Positive Drug Test Levels Examples:

• caffeine, if the concentration in urine exceeds 15 micrograms/ ml;
• marijuana or THC, if the concentration in the urine of THC metabolites is equal to or greater than 5 nanograms/ml;
• testosterone, if the administration of testosterone or use of any other substance or manipulation has the result of increasing testosterone, or the ratio of testosterone to epitestosterone, or results in an adverse finding on IRMS.

The NCAA utilizes an approved laboratory for the analysis and confirmation of the student-athletes’ urine through mass spectrometry in conjunction with gas chromatography, liquid chromatography or isotope mass spectrometry, or other approved methods. The method of testing for erythropoietin (EPO) is isoelectric focusing (IEF) with immuno blotting, and other approved methods.

Here are some key points about the NCAA Program:

• Student-athletes are held responsible for use of all banned substances at all times.
• NCAA year-round testing may test for anabolic agents, diuretics and masking agents, peptide hormones, beta-2 agonists and beta blockers. Stimulants and street/illicit drugs are generally not tested in NCAA year-round testing.
• NCAA championship and postseason bowl-game testing may test for all banned drug classes, and include tests for street/illicit drugs and stimulants.
• Other testing occasions, such as exit tests, follow- up tests and suspected manipulation, may include testing for all banned-drug classes.

A student-athlete will be in breach of the NCAA drug testing protocol and treated as if there was a positive test for a banned substance other than a street/illicit drug as defined in bylaw 31.2.3 if the student-athlete:

• refuses to sign the notification form or custody and control form;
• fails to arrive at the collection station without justification as determined by Drug Free Sport;
• fails to provide a urine specimen according to protocol;
• leaves the collection station without authorization from the certified collector before providing a specimen according to protocol; or
• attempts to alter the integrity of the collection process.

The NCAA is committed to prevention of drug and alcohol abuse. NCAA bylaws require the director of athletics or his or her designee to educate student-athletes about NCAA banned substances and the products that may contain them. As a best practice, athletics departments should conduct drug and alcohol-education

The NCAA provides a drug-education framework for member schools to ensure they are conducting adequate drug education for all student-athletes.

Education Framework (beginning at orientation)

• Ensure that student-athletes sign NCAA compliance forms.
• Provide student-athletes with a copy of the written drug policies as outlined above.
• Verbally explain all relevant drug policies with student-athletes and staff:
• Discuss NCAA banned-drug classes
• Explain NCAA drug-testing policies and consequences for testing positive, including failure to show or tampering with a urine sample.
• Explain the risks of using nutritional/dietary supplements
• NCAA tobacco use ban during practice and competition.
• Conference and institutional drug-testing program policies, if appropriate.
• Street drug use policies and institutional sanctions for violations, if appropriate

The NCAA has approximately 480,000 Student-Athletes, 19,300 Teams, 1,100 Member Schools and 3 Divisions.

The NCAA equips student-athletes with skills to succeed on the field, in the classroom and in life. Graduating from college is as important as winning on the playing field.

 

For more information reading the NCAA drug testing policy or for help on creating and implementing your own drug free workplace policy, contact us today at 800-221-4291 or at www.accrediteddrugtesting.net

 

 

House Republicans are making some major headway in their quest to allow states to drug test people who are unemployed.  Republicans passed a resolution that negates a rule from the Department of Labor under the Obama
Administration that kept any drug testing for unemployment benefits very restricted. The House resolution passed with an overwhelming amount of Republican support and the support of four Democrats.

The rule is directly related to the Nationwide argument over unemployment benefits and whether drug testing should be required.   Since the 1960’s, federal law has banned states from using drug tests to screen unemployment insurance applicants. However, Republicans
desire to amend the federal law which would permit states to require all applicants be screened for drug use.

In 2012 the Democratic party struck a deal as part of a compromise with Democrats to increase unemployment benefits and funding for other programs.  The Democrats ultimately conceded on a provision in a bill that would allow states to drug test applicants who either lost their jobs due to drug use or were applying for jobs in industries where drug tests are already commonly used. However, crafting the final rule and how it would work in practice was left up to the Department of Labor to implement. As a result, when the Department of Labor released its rule last year, Republicans argued that it was so narrow, States would not be allowed to implement drug tests for anyone.

In as much as the rule was released last August which allow Republicans to have the power to nullify it using the Congressional Review Act and thus that is what occurred in the recent House vote.

The House approved a resolution which was authored by Rep. Kevin Brady (R-TX) that voids it. If the Senate passes a vote to void it as well, which only requires a simple majority, Congress can then create its own rule or have the Labor Department draft it.  No matter which agency drafts the rule it will likely give States wide authority to drug-test people who are unemployed.

After the vote, Brady said in a statement, “This legislation places a check on blatant executive overreach that all but prohibits states from implementing important reform to help qualified unemployed workers in their quest to find a new job.”

Although states do not have the authority to drug test most government programs, they can implement testing for Temporary Assistance for Needy Families who require cash assistance.

Thus, far, there have been 12 States which have implemented drug tests for welfare applicants and among those who have had testing programs up and running for the past two years, the results show very few positive test results.

 

 

The new OSHA rule which took effect and has been enforced since December 1, 2016 needed some clarification.  In an effort to summarize the final rule which was created to improve tracking of workplace injuries and illnesses but did not specifically address mandatory post-accident drug and alcohol testing,

OSHA’s view on the new rule clearly specifies the agency’s stance on mandatory or blanket post-accident testing and does not want it to act as a deterrent to the reporting of workplace safety incidents.

OSHA rule CFR part 1904 requires employers with more than 10 employees in covered positions to electronically submit occupational injuries and illnesses, and these employers must ensure that their policies and procedures cannot be construed as retaliatory towards the injured employee.

Along with the electronic reporting, the rule also requires employers of workplace injuries to implement “a reasonable procedure” for employees to report workplace injuries and that procedure cannot deter or discourage employees from reporting a workplace injury.

Furthermore, OSHA stated that “A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness”.  This statement is applied directly to post-accident drug testing and it could be interpreted that a blanket requirement for the drug test could discourage a reasonable employee from accurately reporting a workplace injury or illness.

It is important for all employers to understand that; OSHA is not prohibiting post-accident drug testing but rather specify that it should not be used as a blanket policy or in any method that would deter any employee involved in a workplace safety incident.

As an example, there would be no changes in post-accident drug testing policies for Department of Transportation (DOT) regulated employers or any other employers required to follow drug testing guidelines from the Drug Free Workplace Act of 1988.

Additional drug free workplace programs and employers who comply with State workers’ compensation drug free workplaces have no need to amend their post-accident drug testing policies.

Here are some key points employers may want to consider with this new rule.

1. The regulation does not prohibit employers from post-accident drug testing.
2. The regulation does require a “reasonable basis” for employers to perform a post-accident drug test
3. The rule does not apply to drug testing employees for reasons other than injury-reporting.
4. Employers will not be issued citations for conducting drug testing in accordance with a state workers’ compensation law or other state or federal law.

For a citation to be issued, OSHA will need to establish the three elements of retaliation to prove a violation of the new rule.

A protected report of an injury or illness;
b. Adverse action;
c. And causation.

Please review the following Critical steps to take to help avoid issues with this OSHA rule:

1. Review your current drug free workplace policy, specifically your Post-accident policies should be reviewed and updated if needed to ensure that it’s language cannot be construed as “blanket” and therefore be presumed to be retaliatory and deter or discourage reporting.
2. Review your state laws: many employers’ drug free workplace polices specifically govern the enforcement of post-accident or post-injury drug testing. There are several states which have laws that apply to employers in that state. Employers adherence to State Drug Free Workplace Programs and State worker’s compensation laws will not change and OSHA will not find a violation of 1904.35 (b)(1)(iv) when post-accident testing is performed in compliance with these laws.
3. Retrain supervisors on reasonable suspicion drug testing and include training on post-accident “reasonable suspicion/basis”.
4. Implement a policy for a ‘decision tree’ to be utilized for every accident to determine if the accident requires post-accident testing and who involved in the accident should be tested.