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.

The drug testing world is constantly changing and evolving in today’s world—which means that your drug testing policy should also be updating regularly.

Having a clear drug testing policy helps protect your company and your employees. It provides clear guidance that can help you sidestep any confusing loopholes or accidents that might open up from an unclear or outdated policy.

Just as drug and alcohol testing policies are continually evolving and changing to reflect new state laws, federal regulations, or workplace attitudes. A regular review of your company’s current policy and procedures will help ensure that your company is on track to meet its goals and be legally compliant.

So what are some things you should look at or consider when drafting or updating your drug testing policy? Here are few suggestions:

MEDICAL MARIJUANA HASN’T BEEN DISCUSSED

Although an employer is generally allowed to create their own drug testing policy including the right to a drug-free workplace, with changing laws surrounding both medical and recreational marijuana there may be some nuances you should be familiar with. Check out our article talking about testing for marijuana in the workplace today here and consult with your legal team about what guidelines you should follow.

NO PROCESS IS IN PLACE TO MONITOR INDUSTRY STANDARDS OR CHANGES

After spending so much time and consideration building your drug testing policy, you won’t need to review or update it for several years, right? Wrong! Most drug testing companies advise that you should review your policy at least once a year. Laws are ever-changing and this includes background screening and drug testing laws. Make sure that your policy is up-to-date with your specific state and industry’s standards.

YOU HAVEN’T RECENTLY ASSESSED YOUR TESTING TYPE OR PANEL

We find that employers sometimes need to change their testing type or panel to best reflect changes within their company or improve their testing process. It’s a learning game and there isn’t necessarily a testing type or panel that is “best”; it depends on what options are most beneficial for your company.

Some examples of cause for change include:

-With the opioid epidemic, many employers have now updated their testing panel to include semi-synthetic opioids (hydrocodone, oxycodone, etc.) or other prescription medications.

-Some employers decide to change testing types to allow on-site testing which can help cut down on time spent for an employee to take a test.

-Other employers have had issues arise with certain drugs they hadn’t previously included in their testing panel which they then added. Or they’ve had a workplace accident occur due to drug use that has prompted them to add things to their testing program such as: reasonable suspicion training for their supervisors and post-accident testing.

At the beginning of every new year we would advise you to take some time reviewing your company’s current drug testing policy. If you have any questions about how adding or changing your current services could potentially benefit your company, please give us a call at the number above or reach out to our support team at mail@blueline-services.com.

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But where does this leave employers? And where does the National Safety Council stand on marijuana use for employees?

The NSC released their current position on marijuana use with their most recent announcement, “At this time, NSC believes there is no level of cannabis use that is safe or acceptable for employees who work in safety sensitive positions.”

The National Safety Council has been a workplace safety advocate for more than 100 years, helping provide guidance for employers.

When asked what had influenced their position against marijuana use, they referenced a recent National Institute on Drug Abuse report that compared employees who tested negative for marijuana against employees who tested positive for marijuana. The report’s results found that employees who tested positive for the drug are:

-55% more likely to have industrial accidents
-85% more likely to be injured
-75% more likely to have absenteeism

In an October 2019 press release, Lorraine M. Martin, president and CEO of NSC, said, “Research clearly shows that cannabis impacts a person’s psychomotor skills and cognitive ability. In order to protect our employees and those around them, we need to acknowledge the impairing effects of cannabis. We urge employers to implement policies stating no amount of cannabis consumption is acceptable for those who work in safety-sensitive positions.”

Both the NSC and the Occupational and Environmental Medical Group have urged Congress to take worker safety into account when considering marijuana legalization. But things are still in flux, which is why the NSC’s position is so profound. It may help provide employers with some clarity and direction in the constantly changing world of marijuana legalization.

The post National Safety Council’s Position on Marijuana in the Workplace appeared first on Blueline.

To see more detailed information on the difference between CBD and THC as well as current state legislation on CBD levels, check out our previous blog post that covers that here.

CBD or cannabidiol is one of around 400 compounds found in cannabis. And while CBD is a cannabinoid and shares some structural similarities with THC, it does not product a “high” like the THC portion of the plant does.

Because CBD does not create a high, it is perceived as less harmful. Many different products have emerged that contain CBD to help users benefit from its therapeutic and medical properties, such as:

-Oil (most popular)
-Beauty and health products
-Vapors
-Infused edibles (gummies, chocolates, etc.)

However, despite CBD being less harmful, it may still cause adverse reactions in some people. Reported side effects from human and/or animal studies have included:

-Fatigue/drowsiness
-Changes in appetite
-Decreased blood pressure
-Anxiety
-Possible endocrine disruption
-Altered immune function
-Dizziness
-Psychomotor slowing
-Diarrhea

Will CBD affect my drug test results?

Maybe. CBD itself would not show up positive on a drug test for marijuana or marijuana metabolite. However, in some states, CBD can contain up to 5% THC. If the CBD product contained THC at a sufficiently high concentration, there is a possibility that it could result in a positive urine drug test result.

It is also important to remember that the use of CBD or “medical marijuana” is still not considered an alternative medical explanation for a positive test result in federally-mandated drug tests. CBD is still classified as a Schedule I substance and remains illegal at the federal level.

As an employer it’s more important than ever to stay up-to-date in the always-changing landscape of marijuana, and most importantly, to make sure that your drug testing policies stay updated as well.

Please make sure that your company’s substance abuse policy is updated to clearly reflect your position on marijuana and the use of CBD products within your workplace.

The post CBD and Drug Testing appeared first on Blueline.

These guidelines will allow federal executive branch agencies to collect and test oral fluid specimen as a part of their drug testing programs.

The OFMG will be effective starting January 1st 2020. However, federal agencies will not be able to conduct oral fluid drug testing of federal employees until HHS has approved laboratories for oral fluid drug testing in accordance with the OFMG.

These guidelines may also be used by agencies such as the Department of Transportation (DOT) and Nuclear Regulatory Commission (NRC) as part of their regulated drug testing programs, but these agencies must engage in separate rule-making activities.

This is the first time since 1986 that a specimen other than urine will be able to be used in the federal agency testing programs.

Some important things to take note of with these new changes:

-The specimen collection, laboratory analysis, and medical review of oral fluid tests will mirror existing procedures and processes currently in place for urine drug testing.
-Laboratories must be approved by the HHS National Laboratory Certification Program for oral fluid drug testing. Requirements for approval will largely mirror those currently in place for urine drug testing laboratories.
-The oral fluid specimen collections must be observed, use an FDA-cleared specimen collection device, and will require split specimen procedures using 2 separate devices.
-Federal agencies will be allowed to use oral fluid testing for all of the same testing reasons as currently authorized for urine drug testing and will not be required to choose between using only urine or oral fluid.
-An approved federal custody and control form (CCF) will be used to document the oral fluid collection and establish chain of custody of the specimen.
-The drug testing panel will test for the same drugs as the federal panel for urine drug testing. Cut-off levels specific to oral fluid are included in the OFMG.
-The OFMG contains provisions for when an individual cannot provide adequate volume oral specimen or urine specimen.
-The OFMG only refers to and permits lab-based oral fluid drug testing, not instant or POCT oral fluid testing.

It has taken many years from the first time SAMHSA publicly recognized the valuable attributes of lab-based oral fluid testing until now—announcing the proposed regulations. The agency has said that their hopes with releasing oral fluid testing options will be to help reduce time and money needed in order to maintain a drug testing program, and help eliminate the ever-growing issue of drug test cheating.

To see further details on these latest updates, you can view the guideline announcement here.

The post SAMHSA’s New Oral Fluid Guidelines appeared first on Blueline.

Along with CBD oil’s newfound popularity, however, a new onslaught of legal and best practice questions have emerged for employers.

Will CBD products impair my employees or endanger my workplace? If an employee or applicant tests positive on a drug test and blames it on CBD, what should we do? Should we allow CBD products in a zero-tolerance workplace?

Understanding CBD and THC

Before diving into these questions, it’s important to understand the different kinds of CBD products there are on the market and how THC may play a role in them.

THC is the main psychoactive ingredient in cannabis and what causes most of the mind-altering or “high” effects of the plant. It is also usually present to a small degree in most CBD products. The amount of THC in CBD products can vary based on the manufacturer, product, and what variety of cannabis the CBD was derived from.

CBD can be extracted from both hemp and marijuana. Hemp and marijuana are both varieties of the cannabis plant. However, hemp is a variety that contains considerably less THC concentration than the marijuana strain—usually less than 0.3 percent.

Recent federal legislation has removed hemp and hemp-derived products (including CBD) from Schedule I of the Controlled Substances Act. This means that hemp and hemp-derived products are no longer considered to have “no.. accepted medical use and high potential for abuse” by the federal government. A 2015 NIH paper also said that although much about the CBD is still unknown, they believed that CBD use wouldn’t impair employees.

That being said, some CBD products are derived from marijuana (instead of hemp) and have higher levels of THC. Additionally, a study was performed in 2017 and found that nearly seven in ten CBD products do not contain the amount of THC advertised—meaning that users can be getting more than they bargained for. CBD products are not regulated, so as a user it can be hard to find assurance that your product is exactly what you believe it to be.

Current State Legislation on CBD

Fourteen states currently have a legalized CBD oil program with most of those programs requiring that the CBD be extracted from hemp and contain less than 1% THC.

Below is a chart that outlines the current states with CBD oil programs. This chart was shared in OraSure Technologies’ newsletter What’s the Buzz – you can find more in that article here.

Employment And CBD

So what can you do as an employer?

The Society for Human Resource Management (SHRM) recently discussed some of the complications that cannabis oil presents for drug testing.

“If an employee is taking CBD or cannabis oil… in accordance with a state’s medical marijuana laws, there may be some state law protections for the employee. Otherwise, employers with zero-tolerance drug policies are free to discipline employees for failing drug testing, even if the ingestion of THC was inadvertent.”

You probably won’t be able to tell whether a positive test for THC was caused by the use of CBD or cannabis oil rather than marijuana use. However, you can look for other signs of impairment such as red eyes and delayed reaction times and make sure that your supervisors are trained to recognize and handle drug impairment symptoms. If someone does test positive for THC, it may be best practice to have a conversation with that person first to see if they have a reason for the positive test.

Ultimately, most of the decisions are up to you as the employer. Whether or not you decide to take adverse employment action should depend on the applicable state laws and the nature of the individual’s job. Disciplinary action for a positive THC test, even if it were due to the use of cannabis oil, are likely to be justified if it is a federal or safety-sensitive position.

The post CBD Oil: What Employers Should Know appeared first on Blueline.

We thought that these statistics might be useful to consider as you strive to make or update your own workplace drug policies.

This NSC survey was taken by over 500 individuals that make decisions about workplace drug and alcohol programs for their companies. While 86% of the respondents agreed that opioids (even while taken as prescribed) impact job performance, only half (50%) of respondents felt confident about their company’s substance abuse policies and procedures.

Some other interesting statistics from the survey included:

-75% of employers have been directly affected by opioid use
-79% of employers are not very confident that individual employees can spot warning signs of opioid misuse
-One-third of employers have experienced an overdose, arrest, or injury/near-miss
-38% of employers have experienced absenteeism or impaired worker performance
–Despite widespread impact, only 17% of employers feel extremely well prepared to deal with this issue

Nick Smith, interim president and CEO of NSC said, “The opioid crisis is truly encompassing nearly every aspect of American lives. Today’s survey confirms that the No. 1 cause of preventable death is not just taking its toll on our home lives but companies across the country are also grappling with the impact of this epidemic.”

If you have questions about reasonable suspicion training or how you can help get your supervisors trained to handle drug and alcohol abuse within the workplace, please contact us! We’ll help you get it figured out. All Blueline Service clients have access to our FREE reasonable suspicion training materials.

You can contact our drug testing department at mail@blueline-services.com. Please feel free to take a look at NSC’s drug use guide as well here.

The post Employers Speak Up About Illicit Opioid Use At Work appeared first on Blueline.

This is one of the most common questions or hesitations that we get from both employers and employees about drug testing.

Both sides of the issue are a little bit tricky, but the short answer is yes. Yes, an employer can require prescription medication disclosure, and, yes, employees must disclose medication if requested to do so by the employer. However, an employer can’t just require employees to disclose their prescriptions without having good reason to.

When is it appropriate to have a prescription medication disclosure in your workplace drug testing policy?

Unfortunately, there is no specific hard and fast rule for being allowed to mandate disclosure of prescription medications. The issue of privacy is very important in regards to protecting an employee’s rights. However, the issues of safety and liability beat out privacy in the case of safety-sensitive work. If there is a chance that the employee or others could be harmed due to impairment from a prescription drug, then employers are able to require prescription medication disclosure. As a general rule, employers must be able to prove that their request is job-related and consistent with business necessity.

Referencing current and past court cases related to prescription drug policies. The following seem to be good indicators that prescription drug policies should be enforced:

1. The employee is engaged in safety sensitive duties.
2. The drug in question may impact the employee’s ability to engage in safety-sensitive duties adversely.
3. The disclosure is only related to on-the-job drug use.
4. The information required to be disclosed is treated by the employer with the utmost discretion in order to safeguard the employee’s privacy.

If you have questions about getting started with drug testing for your own organization, please give us a call at 888-919-8378 or email us at mail@blueline-services.com. We’re more than happy to help!

The post Prescription Medication In The Workplace appeared first on Blueline.

Drug and alcohol testing policies are continually evolving and changing to reflect new state laws, federal regulations, or workplace attitudes. A regular review of your company’s current policy and procedures will help ensure that your company is on track to meet its goals and be legally compliant.

If your policy is no longer delivering value or helping you find employees that will execute your desired goals, it may be time to reevaluate.

Not sure if your policy could use updating?

Here are some indications that it could be time to update your policy:

Medical marijuana hasn’t been discussed

Although an employer is generally allowed to create their own drug testing policy including the right to a drug-free workplace, with changing laws surrounding both medical and recreational marijuana there may be some nuances you should be familiar with. Check out our article talking about testing for marijuana in the workplace today here and consult with your legal team about what guidelines you should follow.

No process is in place to monitor industry standards or changes

After spending so much time and consideration building your drug testing policy, you won’t need to review or update it for several years, right? Wrong! Most drug testing companies advise that you should review your policy at least once a year. Laws are ever-changing and this includes background screening and drug testing laws. Make sure that your policy is up-to-date with your specific state and industry’s standards.

You haven’t recently assessed your testing type or panel

We find that employers sometimes need to change their testing type or panel to best reflect changes within their company or improve their testing process. It’s a learning game and there isn’t necessarily a testing type or panel that is “best”; it depends on what options are most beneficial for your company.

Some examples of cause for change include:

-With the opioid epidemic, many employers have now updated their testing panel to include semi-synthetic opioids (hydrocodone, oxycodone, etc.) or other prescription medications.

-Some employers decide to change testing types to allow on-site testing which can help cut down on time spent for an employee to take a test.

-Other employers have had issues arise with certain drugs they hadn’t previously included in their testing panel which they then added. Or they’ve had a workplace accident occur due to drug use that has prompted them to add things to their testing program such as: reasonable suspicion training for their supervisors and post-accident testing.

At the beginning of this new year we would advise you to take some time reviewing your company’s current drug testing policy. If you have any questions about how adding or changing your current services could potentially benefit your company, please give us a call at the number above or reach out to our support team at mail@blueline-services.com.

The post Is It Time To Update Your Drug Testing Policy? appeared first on Blueline.