The answer is… it depends. Many factors contribute to how easily an individual becomes impaired by marijuana and for how long they are impaired. The duration of impairment depends on the method of use (inhaling or ingesting), frequency of use, and the demands of the task being managed while intoxicated.

A recent study from the University of Sydney identified the window of impairment to be between 3-10 hours. According to this study, a typical length of impairment is about 4 hours, when low doses of THC are taken and simpler tasks are being done. This length of impairment can go up if high doses of THC are inhaled and more complex tasks, like driving, are needed.

That being said, current impairment is still challenging to infer based on repeated drug use. When trying to figure out which drug testing method to use, three attributes need to be examined.

1. The method’s ability to detect recent drug use
2. The method’s window of detection compared to marijuana’s method of detection
3. The method’s ability to detect drugs other than marijuana

Choosing the right drug testing method can be tricky. In all 50 states, employers still have the right to prohibit workers from using marijuana at work or being impaired on the job (more on this in the next newsletter). Understanding marijuana impairment can help companies choose the drug testing method that best meets their needs. Blueline is here to help you. Our experts can help you find the drug testing method that helps protect your workforce and business assets while mitigating risk and liability.

The post Add This to Your 2022 Checklist: Review Your Drug Testing Policy appeared first on Blueline.

A wrongful death suit was filed against Ford Motor Co. for failing to drug test an employee. A full-time employee of Ford collapsed at work and was brought to a hospital, where he later passed away. A toxicology report showed that this employee had marijuana, fentanyl, and alcohol in his system at the time of death. Ford Motor had a workplace drug policy, but they failed to implement it. The lack of supervision prompted employees to use drugs and alcohol while at work. The claim was filed stating that Ford was negligent with its workplace practices, which ultimately led to the death of this individual.

As the acceptance of illegal and recreational drug use rises throughout the US, the need for a firm workplace drug policy has never been more critical. Employers are held responsible for the actions of their employees while on the clock, especially when employers are willfully negligent of safety measures in the workplace and their own company policy. Choosing not to have a drug testing policy, or choosing to have one but not implementing it, can have serious negative consequences that may reflect poorly on your company.

Knowing what drugs to test for, what method to use, who and when to test, and how testing should be done can be confusing. Luckily, Blueline has you covered. Our experts can help you develop a workplace drug policy that is tailored to your organization’s every need.

The post LEARN FROM FORD MOTOR CO.’S DRUG TESTING MISTAKE appeared first on Blueline.

The need for drug testing has never been more crucial…and employer liability only increases as society becomes more casual in the acceptance of drug abuse.

Legalization

Now we may not be as laid back as our friends up north who are handing out free drugs to everyone, but more and more places in the US are legalizing drugs. The CDC reported in June 2020 that 13% of adults, age 18 and older, started or increased their substance use as a result of the pandemic. This means that 33.6 million adults began using illicit drugs to cope with emotions related to COVID-19. ODMAP, an overdose reporting system, found that 62% of US counties experienced increased drug overdoses due to the pandemic.

To keep your workplace safe, productive, and drug-free, knowing all your drug testing options is essential. Common drug test types include urine, saliva, and hair testing.

What Should I Test For?

It is essential to know which drugs to screen for. Some commonly abused drugs are:

• Narcotics: includes heroin, fentanyl, morphine, opium, methadone
• Depressants: includes benzodiazepines, barbiturates, methaqualone, quaaludes
• Stimulants: includes cocaine, amphetamines, methylphenidate, methamphetamine
• Hallucinogens: common “club drugs” such as ecstasy, LSD, phencyclidine
• Cannabis: includes marijuana, THC, hashish
• Synthetics: includes spice, bath salts, anabolic steroids

Types Of Testing Available

It is also essential to review your company policy to ensure all your drug testing needs are being met. Blueline offers many different testing options. Our most popular tests are:

• 5 Panel: includes amphetamines, cocaine, marijuana, opiates, and phencyclidine
• 7 Panel: consists of all 5-panel drugs, plus barbiturates and benzodiazepines
• 9 Panel: consists of all 7-panel drugs, plus barbiturates propoxyphene
• 10 Panel: includes all 9-panel drugs, plus methadone and methaqualone
• Popular Add-ons: tramadol, meperidine, fentanyl, spice, bath salts

Knowing which drugs to screen for can be tricky. Luckily, Blueline can help you navigate the right testing configuration for your organization and the proper drug testing policy catered specifically to your needs.

The post It’s Been a While Since Breaking Bad, so Here’s Your Refresher Course on Illegal Drugs appeared first on Blueline.

Keep Testing For Marijuana?

Marijuana is still federally illegal and is considered a Schedule I drug, meaning it has a high potential for abuse and no accepted medical use. Because state and federal laws differ for marijuana use, drug testing can be complicated especially for companies across multiple states. What does all of this uncertainty mean for employers?

Some companies may choose to remove marijuana screening from their drug testing policy for various reasons. The window of detection for marijuana use is a common reason. Employers often wonder how accurately impairment can be decided based on a positive test because marijuana stays in your system longer than many other drugs. So… there still isn’t a viable option for testing for real-time impairment. Another frequent concern of HR professionals is an issue of privacy in states that have legalized the drug.

Does Testing Help Limit Employee Risk?

There are many reasons to continue screening for marijuana use. Other ongoing benefits of testing include it can prevent drug users from applying to your company. Continued screening or random drug testing can also help protect your company from legal liability if an accident occurs. According to a study by the National Institute on Drug Abuse, employees that tested positive for marijuana were 55% more likely to have industrial accidents, 85% more likely to be injured, and 75% more likely to be absent. Screening for cannabis may be beneficial, particularly for those in safety-sensitive positions where employee risk is concerned.

Untangling the issue of whether or not to screen for marijuana can be tricky. Let Blueline experts help you implement a drug testing program that will keep your company and employees safe and compliant.

The post Amazon Has Entered the Jungle of Serious Employee Risk & Liability appeared first on Blueline.

Drug overdoses can happen anywhere, and the workplace is not exempt from these problems. The National Institute for Occupational Safety and Health (NIOSH) reported that drug overdose deaths at work have increased for seven years in a row.

Drug Overdose Rates Soaring

Drug related deaths in the U.S. skyrocketed 30% in 2020 to a record 93,331. This means an average of 256 Americans died every day from a drug overdose. This surge of overdoses was not unforeseen as drug abuse is a continually increasing problem in the U.S.

The strongest approach to prevent workplace drug overdoses is to implement a drug testing policy for your company.

How Can Drug Testing Reduce Workplace Drug Overdoses?

There are many circumstances in which a company may conduct drug testing. Each of these strategies can be used to eliminate the chance of a workplace overdose.

• Pre-Employment: This test is used to establish illicit drug use by a potential hire. Your workplace is less likely to have drug problems if applicant testing becomes part of the hiring process.
• Random: A random selection process chooses employees to perform drug testing. This will ensure employees are following your workplace drug policy.
• Post-Accident: This is performed after a workplace incident occurs. When a company has a post-accident drug testing policy, employees are less likely to consume drugs before or during work.
• Reasonable Suspicion: When there is evidence or reasonable cause to suspect an employee’s drug use, this test can be performed. Supervisors must complete a prior training course to report drug and alcohol symptoms.
• Return to Duty: This test may be used as a condition of a worker’s return to safety-sensitive duties after a company’s drug or alcohol policy has been violated. This will help prevent continued policy violations.

As drug overdose deaths are continuing to soar throughout the country, Blueline is here to protect your company. We can help navigate this sensitive subject by creating a drug testing program that is right for you.

The post How Drug Testing Can Prevent Workplace Death appeared first on Blueline.

Louisiana Law Updates- June 2021

Louisiana enacted legislation to prohibit employment discrimination based on criminal history records. Employers now cannot request or consider an arrest record that did not result in a conviction, if the information was found during a background check. Employers are allowed to make assessments about an applicant’s criminal history if it has a direct relationship to the specific job duties. This assessment must consider:

• The nature and gravity of the offense
• The time that has elapsed since the offense
• The nature of the job

 New York Law Updates- July 2021

The Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History was updated by the New York City Commission on Human Rights to consider changes made to the Fair Chance Act. The amendments to New York City’s Fair Chance Act were effective starting July 29, 2021. These amendments add protections for individuals who have unsealed violations and unsealed non-criminal offenses. It also expands protections to cover current employees who face pending criminal charges.

After a conditional offer of employment has been made, employers may conduct criminal background investigations. If reviewing the criminal record makes you reconsider the offer of employment, three steps must be completed before withdrawing the offer.

1. Evaluate the applicant under the Relevant Fair Chance Factors and share the evaluation with the applicant
2. Give the applicant a copy of the background check or any other documents used to determine their criminal record
3. Allow at least 5 business days for the applicant to respond

Staying on top of all these compliance changes can be time-consuming. Stay up to date with any compliance changes by using Blueline Services for all your background check needs.

The post Compliance Updates for Louisiana and New York appeared first on Blueline.

The U.S. Department of Transportation (DOT) has increased fines for trucking regulation violations. DOT issued a final rule earlier this year that allows the Federal Motor Carrier Safety Administration (FMCSA) to assess civil penalties for employers, employees, or medical review officers who violate the Drug & Alcohol Clearinghouse.

Violations related to commercial driver’s licenses could be subject to a fine of $5,833, which is more than double the amount of $2,500 that the same Clearinghouse violation would have cost you in previous years. The change in fines reflects inflation increases that should have been adjusted long ago. This was done in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires federal agencies to increase fines to account for inflation each year.

Other notable penalty changes from the final rule include:

• Violations of commercial regulations (property carriers) – Old fine $10,932. New fine- $11,125
• Minimum rail safety penalty – Old fine $892. The new fine is $908.
• Maximum civil penalty for violating procedures for use and allocation of shipping services, port facilities, and national defense operations – Old Fine $26,582. New fine $27,051.

Keeping track of all these changes can be confusing. Thankfully, Blueline stays on top of the latest regulations and changes to keep you in compliance. Reach out to us if you have any questions.

The post Even More DOT Nagging – Regulations appeared first on Blueline.

Here are the big questions around synthetics we encounter when doing drug screenings:

Is Synthetic Urine Detectable?

The short answer is Yes. By using a process called specimen validity testing, we can determine the origins of the urine – i.e., whether it is human or synthetic. However, as of now, there isn’t an industry standard for determining if a specimen is synthetic or has been substituted with another person’s urine. While several states have made synthetic urine illegal, there hasn’t been anything stopping cheaters from crossing state lines to get the products.

Without actual direct observation of the collection, there is not any 100% guarantee that real urine isn’t being substituted. That’s why it’s so critical that you use a reputable company. Blueline Services can administer your testing and screening processes.

As you’ve learned from working with our highly experienced team, the drug testing procedures can go very smoothly. That isn’t always the case, with several background and drug testing companies failing to provide fully accurate information. Some reporting doesn’t stay within legal guidelines. We take the worry and confusion out of the entire process. Our platform design will keep stress and confusion at bay. Check us out and see how we can work even better together.

The post Synthetic Urine Getting Flushed by States appeared first on Blueline.

If there is reason to suspect that an employee is under the influence, be sure to document everything thoroughly. You’ll need to take note of your direct observations. Be sure to include appearance, odor, behavior, and any work performance issues that support reasonable suspicion testing. Without the proper procedures and policies in place, your company could be at risk for legal and financial penalties.

It is common for employers to just report the requested test as a “random” test. If you go this route, you are opening the door for legal liabilities. While it is possible to order random testing, it’s not the appropriate option for reasonable suspicion and can lead to legal issues.

The provision can be difficult to define and execute. Blueline Services provides employers and management teams in-depth training to help with recognizing impairment and executing the provision. Being able to recognize impairment and properly ordering reasonable suspicion tests is critical for your organization to avoid any legal issues.

Additional training is available to help you create a detailed Workplace Drug and Alcohol Policy that includes an in-depth reasonable suspicion provision. Reach out to us at Blueline Services today to get started.

The post Why a Reasonable Suspicion Policy is Important appeared first on Blueline.

There are several ways to approach the Super Bowl at work and increase employee engagement. The Monday after the game has more people calling out sick than any other day of the year. According to a survey conducted by Office Team, 72% of HR professionals want the day turned into a holiday. Until that happens, let’s look at some tips to help you keep your employees engaged and at work.

1. Plan an employer-sponsored breakfast. You will get more people into the office if you give them a positive experience as soon as they arrive. The breakfast will also give them the chance to talk about the game with their co-workers without taking up productivity time.
2. Entice employees into the office by running a super bowl raffle. Have everyone fill out a ticket and put their guess at the games’ score, who will win the MVP, etc. Announce the winner Monday morning with the caveat that the employee must be present to win.
3. If your company can afford it, give your employees a late start on Monday. Everyone needs to come to work, but the start time could be delayed by a few hours. This not only builds morale; it also gets far more people into the office.

Things to be aware of while planning for the Super Bowl:

1. Reasonable Suspicion: In years past Blueline has seen a significant spike in positive alcohol and drug tests the week after the super bowl. Keep your workplace safe and be mindful of safety-sensitive positions within your company.
2. Office Pools: Office pools can lead to legal issues if not properly implemented. Check to ensure your company has a policy that complies with local and state laws. You can be more strict, but don’t allow pools if they’ve been deemed illegal by the state.
3. Revenue costs: The number of people who call out sick causes a total loss of revenues over $2 billion dollars. A survey done by Challenger, Gray, and Christmas found that the dollar figure could rise even higher in the years to come.

The Super Bowl can be fun. It can also make the workplace more enjoyable for a few days. Keep your employees engaged with work while still having fun. Not only will you be more productive, but you’ll also have better retention rates as well. Blueline Services can help with background and screening checks to make the employers’ guide to any event simple and straightforward.

The post The Employers’ Guide to the Super Bowl appeared first on Blueline.