Drug Testing

Ringing in a new year brings new requirements for employers managing their workplace drug and alcohol screening programs. From state-specific laws to changes at the federal level, it is critical to understand these changes and make the appropriate internal adjustments to ensure your compliance.

State Laws

Several states, and one city, have new laws that employers must comply with here in the new year. Below is a summary of the significant changes:

Illinois

As we begin a new decade in 2020, here’s a look back at the most popular posts from the previous year. 2019 was a year with a heightened focus on compliance for employers as I-9 and E-Verify updates are enacted combined with no shortage of state marijuana legislation limiting how employers can drug test their workforce. The nursing talent shortage, healthcare compliance and recruitment conference takeaways, workforce diversity, and employment drug testing are all topics that were most popular among our readers in the past year.

Reasonable suspicion drug testing has long been a common practice and useful tool for enforcing drug-free workplaces. It’s a fair and reliable testing method that can both dissuade and detect drug and alcohol use. It’s also an issue of Individual privacy versus an employer’s responsibility for maintaining a safe workplace. With the trend of new laws (marijuana, etc.) impacting when or under what circumstances employers can conduct a drug test, the role of reasonable suspicion has never been more critical than ever before.

The 2019 American Society for Healthcare Human Resources Administration (ASHHRA) Conference took place this past week in the Windy City of Chicago, Illinois. This year’s theme was “Connect. Innovate. Transform.” In the midst of constant change in the healthcare field, fostering professional connections is more important than ever before. Sarah Fredrickson, ASHHRA President, discussed how healthcare HR must lead an engaged workforce to innovate.

While mandatory random employee drug testing is common in safety-sensitive positions, the vast majority of healthcare professionals who are responsible for patient care are not subject to any kind of monitoring for substance abuse. 

Drug testing remains an essential part of workplace safety, providing numerous benefits to employers, regardless of industry. While random drug testing provides an extra layer of safety, it is not very common in the healthcare industry.

In the early years of state medical marijuana rulemaking, the language of the laws largely excluded the workplace. It is safe to say that tide has turned, and employers now face limitations unlike they ever have before. State-specific rules related to medical and personal use of marijuana are changing at a very rapid pace, and the language of these laws differ from each other significantly.  Employers must be sure their drug testing programs accurately reflect the rules that impact them in each of the states’ where they operate.

With our nation on the heels of an opioid epidemic, states continuing to legalize marijuana use, drug testing positivity rates continuing to rise, and the perception of a dwindling job applicant pool, some employers are challenging the entire idea of performing drug testing in their workplaces. Are there still benefits for conducting employee drug testing?

More than half of the states in our country have introduced and implemented laws authorizing the use of marijuana for medical use. A ‘growing’ handful of states have also authorized the personal (‘recreational’) use of marijuana.  These state laws are in direct conflict with the federal Controlled Substances Act (CSA)(21 USC §812), which still holds that the possession of marijuana is a crime.

Healthcare is the fastest-growing sector of the U.S. economy, employing over 18 million workers. Healthcare workers face a wide range of hazards on the job, including sharps injuries, harmful exposures to chemicals and hazardous drugs, back injuries, violence, and stress. Drug use and abuse in the workplace not only puts the employees and patients at risk, it leaves the employers vulnerable to negligence claims and costs.  A strong and defensible drug and alcohol testing program and policy, including a robust random testing program, helps protect employers and their bottom line. 

Vermont’s recreational marijuana law, Act 86, goes into effect on July 1, 2018. While employers still broadly retain their same rights to test for marijuana, prohibit it’s use in the workplace, and discipline based on a marijuana-positive drug test, Act 86 brings about nuances to workplace drug testing in the state that employers should be aware of.