Random Drug Testing

Miriam George

Would like to hear from others who conduct random drug testing. How do you conduct the selection process for the "random" test? Do you test company wide? Do you see discrimination issues if we chose to only "randomly" test blue collar workers?

Down_the_Middle

I've been doing random testing for about 3 yrs and it's been working quite well. My first advise would be to not selectively test pockets of the employee population........Rationale? The credibility of random testing will be greatly enhanced if ALL employees are participants in the process. CEO on down. Selecting only blue collar workers will give the impression they are being singled out and that you're trying to "catch them", vs. stressing your desire for a drug free workplace and therefore, everyone's included. The message is critically important!!!!!! Certain industries are permitted to test less than the standard 25% that DOT requires, so your local counsel may be able to help identify that percentage. Each month we run a report that randomly selects "X" number of names from the payroll roster and these employees are then randomly tested with both an oral swab (for alcohol) and a urine specimen with a 10-panel screen. We do not do an invasive procedure (blood test) to avoid the addt'l trauma of "needle phobia". Create a ploicy and then follow it each month. Mgt training is essential as these folks are the ambassadors for the program and have to undertand the org's objective. They are the messengers of "the news" and have to all be on the same page. Finally, rotate your monthly test date. Employees will begin mapping out your frequency and if you're consistent, you've defeated your intent to be drug-free.

Gar

I've just completed a random testing procedure that's being reviewed by our legal counsel. I work for a local government entity in North Carolina. The only employee "test population" we will subject to random testing are:

1. "Safety Sensitive Employees who must meet Commercial Driver's License (CDL) requirements or who operate or maintain transit vehicles purchased with federal funding." This is a US Department of Transportation (DOT) requirement.

2. "Transit related Safety Sensitive Employees." This too is a DOT requirement.

3. Employees in law enforcement type positions (security guards, juvenile detention personnel and Sheriff's deputies).

We in government must be extremely careful and assure there is a business or legal reason (DOT regulations, etc.) for random testing. For instance, we will randomly test our paramedics but we will not randomly test a clerk who pushes paper at paramedic's headquarters. Government is different from the private sector in that a government employee can immediately raise the claim that random drug testing is a violation of his/her constitutional right against unreasonable search and siezure. Private sector employers don't necessicarily face this problem because they aren't a government. Moreover, the media watches everything we do. We spit on the sidewalk and it's on the local 6 o'clock news.

Our method of selection is a computer program that selects a percentage of our pre-identified test population. Each of our employees has an employee ID number and each job has a job code. The program homes in and lists certain percentages of those ID numbers populating the job codes. We were going to use social security numbers but realized they could lead to future headaches. For instance, the first three digits of a social security number indicate a region of the United States. That may not cause a legal claim, but we could see some pain-in-the-neck employee make that an issue. Moreover, there is a myth in the African American community that a person's race can be determined by his/her social security number. Since most myths have some basis in fact, such may have been the case when workers were first given social security numbers back in the 1930s. I know all this sounds silly, especially considering the randomness of selection. But we are very sensitive on the subject of random drug testing and want to avoid headaches and squabbles. This issue is complicated and very controvercial. If you are devising a policy or procedure, I very storngly suggest that you get an expert to help you with it and a good savy attorney to review it.

Anita

Our company does monthly random drug testing, and everyone from the CEO on down are included. We have a computer program that all you need to do is say how many names you want drawn and its done. I always draw around the first of the month, but don't always give them out right away, depending on works situations, that way no one has any idea of when they might win the "lottery". We have been doing this for about 8 years now, and have not had a problem with this, other than when someone is positive then they have all kinds of reasons, but that's another story. If you want your employees to believe that you really want a drug free work force, I believe this is an ideal way to show it. No one, no matter who or what they do are exempt from the pick.

Sharon

We have been doing random d/a screens for several years. The employees never know exactly when we do them although it is done at least once a month. We have a "lottery" where we pick a number between 0-9 and everyone with a social security number ending with that number wins the lottery. This includes everyone from the CEO down.

System

I've done a good bit of research on drug testing, and I also have a cantankerous Libertarian streak, so I'll make the arguments that your employees will have against drug testing.

Realize that some employees (including some who don't use drugs) will be deeply offended by drug testing. Some will have to reveal what prescription drugs they use. Others will think it's none of your business whether someone smokes marijuana on the weekend. Some will think the company doesn't trust them. Many will think a urine test is degrading.

A survey showed that fewer employers are testing applicants. See the article "Is applicant drug testing on the decline?" on our National News page [url]http://www.hrhero.com/national/nationalnews.shtml[/url]

Before you implement a program, examine exactly why you want to do it. The most compelling reason is a specific safety threat, like dangerous machinery. This will help you decide who and how to test, or whether it's really necessary. Management will have to explain this reason to employees many times.

Testing all employees will seem fair to some. Others will think it's stupid to test employees whose jobs have nothing to do with your reason for testing (like clerical employees who aren't around machinery).

If testing is limited to blue collar employees, consider whether it looks like discrimination (example: a lot of minorities are tested). It would help morale to include all managers with authority over this department. Maybe the CEO should take the first test.

If you're a government entity, you'll have to jump through a lot of hoops to protect employees' constitutional rights, as Gar said.

If you go ahead with testing, you might want to get a lawyer to look over your plan first. If you don't have one, you can find the lawyers who write your state's Employment Law Letter at [url]http://www.hrhero.com/findanattorney.shtml[/url] .

James Sokolowski
Senior Editor
M. Lee Smith Publishers