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.

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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.

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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.

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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.

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Positive Tests From Marijuana Use

In the US workforce, positive tests are on the rise, with an increase of 29% since 2015. The continued increase year over year is telling of wider distribution and availability of the drug, leaving employers struggling to meet federal guidelines and not violate state legislation.

Why should there be a concern about using marijuana? Since it isn’t legal on the federal level, the FDA doesn’t regulate it. Products have no central oversight to ensure safety. There are different guidelines in different states, making the overall manufacturing and distribution largely up to the distributors.

Unwanted Side-Effects

Marijuana use can be a serious safety concern within the construction, manufacturing, and transportation industries. With continued use, marijuana can cause several long-term side-effects that can negatively impact the workplace.  Using the drug can cause mental health issues such as depression, paranoia, psychosis, and several other problems. Users also run the risk of addiction and the deterioration of essential brain functions. All of these side effects can cause workplace issues.

The state legislature sets the rules about testing. When going through the testing process, we can help navigate this tricky subject and make your drug testing program meet the requirements placed on you by the state.

The post Marijuana Use is Way Up, Testing Shows 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.

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What if you have an employee that lives in one state and works in another? How does this work with legal medical or recreational marijuana?

Being a multi-state employer means dealing with employees who work in different states and dealing with different laws and regulations in each area. It can definitely be a headache at times, especially when dealing with drug testing and medical marijuana.

The list of things employers need to know in order to stay compliant can seem nearly endless at times: state laws, federal regulations, city-specific regulations, workers’ compensation laws, employment laws, etc. This is made even more difficult with the recent changes to marijuana legalization.

There is no ‘one-size-fits-all’ solution for staying compliant, but employers should work hard to stay on top of their drug testing policy and make sure it is up-to-date with regularly changing state and federal laws.

How Do Laws Work Together? What If I Have An Employee That Lives In One State And Works In Another?

Unfortunately, there is no governing case law that outlines which drug use and testing laws trump others.

However, employers may find it useful to study court cases that have dealt with conflicting state laws in order to help inform their decisions. One court case that may help provide some insight about competing state laws is Olsen v. Push, Inc.

In 2014 Olson v. Push, Inc., the District Court ruled that drug testing should conform with procedures and practices prescribed in the state where the employment takes place and not those of the state where an individual lives or applies for employment.

However, this initial decision was reversed and remanded back to the District Court in 2016 by the United States Court of Appeals.

While neither of these decisions is binding, this case may be useful for employers to review for guidance.

We also strongly recommend keeping detailed drug testing policies in your employee handbook. You should have additional sections for each regulated jurisdiction in which you have employees. Again, this is where specialized legal counsel would be very beneficial.

Ultimately, multi-state employers need to find a way to comply with the individual laws in each state which they do business. And if you have employees that are governed by federal laws related to drug testing, like DOT or NRC employees, you need to comply with those federal regulations as well.

What Laws Should Employers Be Aware Of?

There are a lot of unusual and almost “hidden” laws sometimes within drug testing. While we still highly recommend consulting an expert within your own areas of employment, here are a few unusual regulations that could be good to take note of.

• Boulder, Colorado: There are specific restrictive drug testing laws that only apply to employers who operate within Boulder city limits.
• California: No statute that specifically regulates drug testing in the private sector exists. However, there is case law that affects who can be tested and under what circumstances. Random drug testing is permitted for safety-sensitive positions. (Note: San Francisco is another city that has its own separate ordinances for employers)
• Connecticut: A drug testing friendly state, though its law places restrictions on random testing and requires reasonable suspicion for all other types of testing. Employers must give all prospective employees written notice at the time of application of their intent to conduct a drug test.
• Colorado: No comprehensive law regulating or prohibiting drug testing. (Note: Boulder has its own separate regulations)
• Delaware: No comprehensive law regulating or prohibiting drug testing. An employer may not discriminate against a person in hiring, termination, or any term or condition of employment based on the person’s status as a medical marijuana cardholder.
• Illinois: Effective January 1, 2020, the Cannabis Regulation and Tax Act provides broad workplace protections for employers specifically stating that nothing in the act prohibits an employer from adopting a reasonable zero-tolerance or drug-free workplace policy. Employers that choose to discipline employees for being under the influence or impaired by marijuana must give the employee a reasonable opportunity to contest the basis of the determination that the employee was under the influence or impaired. Additionally, disciplinary action based on the use of legal substances outside of work is prohibited.
• Louisiana: Very few restrictions on employers, but employers are required to take adverse action based on a positive drug test use certified laboratories and specific testing procedures.
• Maine: Very rigid laws for employers with limits on when tests can be done, strict policy and employee notification rules, as well as statutes that mean all drug testing policies must be approved by the state labor department.
• Massachusetts: This state does not have a drug testing statute, though there have been landmark legal decisions that have shaped how drug testing can be conducted. The state’s narrow privacy law also impacts workplace drug testing.
• Michigan: Employers are limited in pre-employment testing to job applicants in “test-designated” positions including those requiring a commercial driver’s license, individuals operating machinery or emergency vehicles, and those with law enforcement powers. Post-accident testing is limited to accidents which result in death or serious personal injury and arise out of five specific situations. 
• Nevada: Effective January 1, 2020, it will be prohibited to deny employment because of a positive marijuana test. Certain exceptions apply for fire fighters, emergency medical technicians, or where an employer determines that marijuana use could adversely affect the safety of others.
• New Jersey: Employees are protected by an anti-discrimination clause in the Medical Cannabis Act that prohibits employers from taking any adverse action against a registered qualifying patient solely based on the individual’s status as a legal marijuana user. Employers must provide notice to applicants and employees who test positive for cannabis that they have the right to provide a “legitimate medical explanation” for the positive result within three days.
• New York City, New York: Beginning May 2020, employers in New York City will be unable to test job applicants for marijuana. There are several exceptions including for police officers, commercial drivers, and employees dealing with the building code.
• San Francisco: Random testing is totally prohibited unless required by a federal law mandating drug testing. 
• Texas: No limits are placed on the right of private employers to adopt drug and alcohol testing for their employees. There are limits, however, for public (government) employees.
• Vermont: Restrictions placed on random drug testing.

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