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.

Proper employment screening is the most effective way for companies to reduce their overall risk and liability. Background checks help ensure a quality hiring decision and save your company time and money. Ban the box policies have tightened the regulations on these screenings.

The background check industry is facing significant challenges. Legislation, known as ban-the-box laws, prohibits employers from asking criminal history questions during the hiring process. These laws are intended to provide applicants with a fair chance at employment by delaying background checks until further along in the hiring process. Ban-the-box policies have been enacted in 36 states and over 150 cities.

HR managers are faced with finding the balance between being liable for negligent hiring and giving applicants with a criminal history a fair chance to be evaluated. Thorough background checks can uncover all the information necessary for employers to make the right decisions in hiring.

Being able to access the full records of a potential employee makes the hiring decision much simpler, with the integrity and safety of the company and its current employees being kept secure. It’s understandable to want to give the ability to individuals with checkered histories the chance to return to the workforce without being labeled. However, in certain roles, it’s also imperative the applicant be forthcoming with any hidden records that may impact the role itself.

Staying within compliance is an ever-growing challenge unto itself in this evolving time, and the team at Blueline is here to make it an easier road to navigate. Let us help you through the entire hiring process, and take you through any testing and reporting that may be required after the hiring work is done.

Blueline’s customizable screening services offer:

• Identity verification
• Criminal record checks
• Driving records checks
• Reference checks
• National database

Let Blueline help you keep external threats from becoming internal threats. We are here to make sure you stay in compliance with all new rules and regulations.

The post Ban the Box? 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.

This particular employee had a nasty habit of sleeping at their desk. One may forgive a small nap of five minutes or so, but not three to four hours a day. EVERY DAY…FOR THREE YEARS!!! Of course, things at the DMV tend to take time, so it’s only natural this case took THREE YEARS before anyone thought it may be a problem! While a background check might not show this type of behavior, it would raise the question of how and why an applicant could be fired from the DMV.

Thankfully, Blueline has your back throughout the entire screening process (platform-process-data-reporting-disclosures) and across all states and jurisdictions. Screening Out Bad Candidates will save you money in the long run. So if you find yourself questioning whether a background check is “worth it,” ask yourself if you can afford over $40,000 with nothing to show for it.

The post Screening Out Bad Candidates appeared first on Blueline.

There are specific issues you must address when dealing with background screenings. Here is a brief rundown:

• Approved Purpose: You may use a third-party company to run background checks for approved purposes like prescreening potential employees. When requesting a background check for employment considerations, you must follow the FCRA provisions and guidelines.
• Written Disclosure: Potential candidates must be given written disclosure advising of the background check. You must present this document separately to the candidate, and they have to give their signed consent before the screening can be ordered.
• Completed Results: After the screening comes back the potential employee must be shown the information to have the opportunity to challenge any wrong or missing information.
• Adverse Action: There are 2 steps you must take when the screening reports an adverse result that will be grounds to deny employment. First, you’ll need to provide them with a pre-adverse action notification and a copy of the report, along with a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.” After providing them these documents, you’ll need to wait at least five days, maybe longer depending on your local rules, to allow the candidate to offer a rebuttal on the report. The second step is to provide them with a written adverse employment decision notice.

Following these guidelines can be time-consuming and confusing for a business to handle. That’s why it is so important to find a good background screening company like Blueline Services. We are up-to-date on FCRA Employer Compliance Responsibilities.

The information provided above is for educational purposes only. It is not intended to be legal advice.

The post FCRA Employer Compliance Responsibilities appeared first on Blueline.

Several states changed or updated alcohol and marijuana policy. Here’s the rundown of legislative changes:

• Alabama – Made it illegal to use supplements or synthetic urine to fool drug screens.
• Delaware – Added the treatment of anxiety to the list of qualifying conditions.
• Iowa – Updated their THC limits from 3% to 4.5% per gram for patients. Terminally ill patients may have different levels approved.
• Maryland – Increased amount of marijuana needed to qualify as a criminal offense. Anything under a certain amount is a civil offense.
• New York – Added to its mandatory drug testing pre-employment screenings. Any for-hire drivers that transport 10+ must take a pre-employment drug test. CDL and non-CDL drivers are both required to take pre-employment tests.
• Oklahoma – Funded the start of a marijuana breathalyzer program.
• Utah – Changed workers compensation policy to lower the blood and breath alcohol levels required for employers to take action. The reduced amounts will also determine if a person qualifies for workers’ compensation and disability. Private employers do not have to accommodate medical marijuana use under their drug and alcohol policies.
• Virginia – Some marijuana possession and CBD oils now have a civil penalty instead of a criminal penalty.
• West Virginia – If terminating an employee for violating a company drug and alcohol policy, gross conduct can be brought, negating any indemnity benefits.
• Washington, D.C. – Medical marijuana users cannot be excluded from hiring based on a positive marijuana test. No negative actions can be taken against the employee at work unless they use, are impaired, or possess marijuana in the workplace. Private employers are exempt from this rule.

These regulations were enacted by each states’ legislators. To that extent, this list doesn’t include any states that legalized marijuana or other drugs via ballot measures. As always, make sure to check with your legal department to determine if any of these changes may affect you. Blueline is here to help you navigate through this Rundown of Legislative Changes.

The post A Rundown of Legislative Changes appeared first on Blueline.

Workplace Injuries are Climbing

Manufacturing, construction, and transportation sectors tend to have higher rates of injury than most due to the industries’ nature. As a result of accidents happening at work, the employee and the employer face challenging times ahead.

The loss of salary, time, and increased healthcare expenses all contribute to the stress and worry of dealing with injuries. While several things can cause workplace accidents, drug and alcohol usage is a rising factor in on the job accidents.

Positive Tests on the Rise

An analysis from the Quest Diagnostics Drug Testing Index shows a significant increase in positive tests over the last five years. The number of people working under the influence of drugs and alcohol is on the rise as well. The safety-sensitive workforce is experiencing the highest levels of post-accident positivity rates as measured by the Department of Health and Human Services (HHS).

Drug Testing Programs

Drug testing programs can help an employer’s lower workplace accidents and injuries. Pre-employment drug testing is a great way to keep potential users from even applying for the job. Focusing on workplace safety initiatives within your company should include a drug testing policy. It will show prospective employees that you care about the health and well-being of all the employees.

There are several positive reasons to implement a testing program. The most important reason is the safety of your employees.  A safe workforce is a productive one.

The post Workplace Injuries On The Rise 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.

One of the biggest worries or impacts following marijuana’s legalization is the potential for high costs at employers’ expense. These costs can include higher worker’s compensation, more drug testing, and potential increased litigation costs. Current Compliance said that if even 1% of American small businesses have a marijuana-related court case each year, the cost to small businesses nationwide would be approximately 48 billion dollars annually.

Their survey also found that a large percentage of employers were confused as to whether they could still test for marijuana.

Yes! You can still test for marijuana. In fact, you should be!

As an employer you have the right to maintain a safe and drug-free workplace. With all of these changes in legislation, it is more important than ever before that employers protect themselves. The benefits and return on drug testing have withstood the test of time and will continue to help employers control and prevent liability costs.

If you have questions about drug testing or how you can improve your workplace program in order to protect your company, reach out to our drug testing department. You can reach them by phone or email: 888-919-8378 or mail@blueline-services.com.

The post 2019 Update: Marijuana In The Workplace 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.