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Laws Relating to Drug Testing
| The federal government maintains strict laws that require the transportation industry to perform drug
testing. But what about companies that are NOT in the transportation industry? |
| Suprisingly, there are very few federal laws concerning drug testing by companies with non-safety-sensitive
employees. However, there are some stipulations with the Labor Law that do address the issue of drug testing. These laws state
that the employer must have a written policy available to every employee that outlines the following: |
 | Who is subject to drug testing? |
| When drug testing will be performed (pre-employment, random, post accident, etc.). |
| What are the consequences of a positive drug screen are. |
| The other consideration is consistency. If your company policy states that an employee is terminated for a positive
drug screen, then every employee that tests positive must be terminated. Please see our page on "Drug Free Workplace Policy" for more details. |
Types of Testing Available
| Pre-employment |
| Pre-employment drug screening is your first line of defense when screening your prospective employees. Serious employment prospects
should be sent for a drug screen and only hired upon a negative result. Pre-employment drug testing is performed on approximately 1/3 of America's job seekers. |
| Random |
| Random testing is a popular choice among employers due to its high deterrent effect. NTA, Inc., clients may choose a random selection
frequency of monthly or quarterly. Our randoms are electronically generated by a computer program written to ensure that each time a selection is made, every
employee has an equal chance of being chosen. |
| Post Accident |
| Post accident drug testing is usually performed following an accident where any of the following occurrences have taken place: |
| the accident involved a fatality |
| any of the participants in the accident received bodily injury required
immediate medical treatment away from the scene |
| a workers compensation claim may be filed |
| Reasonable Suspicion |
| Some companies do require employees to submit to reasonable suspicion testing
when a *trained supervisor or company official has reason to believe that the employee may be under the influence
of drugs. |
| *Supervisor Training Information. |
| Return to Duty |
| Return To Duty testing is usually performed when company policy allows an employee
to return to work following a positive drug screen. |
| Follow-Up |
| If an employee passes his/her Return To Duty test and is allowed by company policy
to return to work, Follow-Up testing is used to encourage the employee to "stay clean". Follow-Up testing
usually involves 3 - 6 unannounced drug screens administered within the next 12 months of employment. Follow-Up testing
should be used in conjunction with other types of drug screening (such as random). |
Drugs Included in Testing
| The general recommendation of NTA, Inc. is that employers follow a standard 5-panel drug
screen. The following five drugs are proven to be the most commonly used: |
| Type of Drug | Most Positive Results |
| Marijuana | 60% |
| Cocaine | 16% |
| Opiates | 9.4% (Codeine, Morphine, Heroin) |
| Amphetamines | 4.9% ("Speed") |
| Phencyclidine | .34% (PCP) |
Basic Controlled SubstanceTesting Procedures
| Notification |
| An employee shall report to a collection facility as soon as possible following notification
that a drug screen must be taken. |
| Collection |
| Collection of a urine specimen for the purpose of drug testing must be completed using a chain of custody
form and specimen sample kit. The donor should remain at the colleciton facility until a specimen has been provided. Collection
procedure specifies that the employee provides a urine specimen in a location that is secured, prepared, and provides privacy. After
an adequate has been collected, the collector completes a chain of custody form and prepares the specimen and accompanying paperwork
for shipment to the laboratory. The specimen collection procedures and chain of custory forms are in place to ensure that the
specimen's security, proper identification, and integrity are not compromised. |
| Laboratory Screening |
| NTA, Inc. contracts testing through SAMSHA certified laboratories only. When the specimen arrives at the laboratory,
the primary specimen is opened and used for testing. The split specimen is stored at the laboratory for possible later use. The screening
process requires tight security and utilization of the internal chain of custody forms at all times by laboratory personnel from the time
the specimen is received until the time it is finally destroyed. Each specimen is required to undergo an initial screen followed by confirmation
of all positive screen results. Any specimen found positive by the initial screen must be confirmed by gas chromatography/mass spectrometry
(GC/MS) to determine exact levels. After the specimen has been through the screening process, the result is reported to the Medical Review Officer
at NTA, Inc. through electronic means that maintain confidentiality. |
Drug Screen Results
| Negative Results |
| Negative results are processed by the NTA, Inc. staff and reported
by fax or email to the company's confidential contacts. All reports are confidential,
therefore strict procedures are in place to insure that only designated company officials
receive information regarding test results. |
| Positive Results |
| Positive results are processed by NTA, Inc.'s Medical Review Officer following similar rules that apply
to federal drug testing. The MRO makes every effort to contact the donor to discuss the possibility of a medical explanation.
If no wrriten medical
explanation is given, the result is verified as positive. When the paperwork is completed, the result is reported verbally to the company's
confidential contact and a written confirmation is sent by mail marked "Confidential". The same procedure is followed to report the test
result if it is confirmed negative by written documentation from a physician. |
| Medical review is not required for non-federal testing. If you wish, all negative and positive results
can be reported the same way as described above for negative results. |
Consequences of a Positive Controlled Substance Test
After a verified positive drug screen, the following disciplinary action(s) must be taken:
| After a verified positive drug screen, the following disciplinary action(s) are suggested: (company policy should clearly
outline the consequences) |
| Termination; when your company policy requires it. |
| 24 - 48 hour suspension with a return to duty test required. |
Frequently Asked Questions
| Q: | What is the turnaround time for a test result? |
| A: | Most normal negative test results are reported within 24 hours from the time the
specimen reached the laboratory. Positive or abnormal tests take a few days longer due to the confirmation and
verification process. |
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| Q: | How much do the test supplies cost? |
| A: | All conventional test supplies are free of charge. This includes the chain of custody form,
sample kits, air bills, and lab packs for shipping. |
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| Q: | What are the options for receiving results? |
| A: | NTA, Inc. currently provides five means of receiving test results: by mail,
phone call, fax, web, or email |
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| Q: | How do I find a collection site? |
| A: | NTA, Inc. has a list of over 19,000 collection sites all over America for our
clients' convenience. If there is not currently a facility in your area, we will help find a location for you. |
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| Q: | How do I know that a positive result can be trusted? |
| A: | Laboratory testing procedures require the specimen to undergo an initial screening that uses a standard cut off level.
If a specimen is found to have a higher concentration of the drug than the initial cut off level, it undergoes further testing to detect exact levels
of the substance. |
| Q: | My employee says that she was at a party where other people were smoking pot but she wasn't. Will passive smoke make
you test positive? |
| A: | The lab cut off numbers are set at a level of concentration high enough to ensure that passive smoke will not cause
a positive result. Yes, she may have some level of the drug in her system, but for someone to test positive from passive smoke, they would have to be
locked in a room the size of a phone booth with 5-6 people smoking marijuana for 4 hours continuously. Passive inhalation will not make you test positive. |
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