As I’ve said many times in this blog, drug use at work can seriously impact job performance and risk the lives of others. The National Council on Alcoholism and Drug Dependence estimates that drug abuse costs employers approximately $81 billion each year. Drug use can also affect workplace concentration and judgment and, if illegal drugs are involved, could put the employer at risk.

Employee Drug Screening

As a standard practice, all employers should be drug testing potential - as well as existing - employees. This is especially important if the job involves the use of heavy machinery or if it could impact the health and safety of others.

Employers have a right to do randomized drug testing on a regularly scheduled basis (or under the premise of reasonable suspicion), and they may also request a quick drug test so the applicant cannot cheat. Employers also have the option to test other specimens in addition to urine.

Workplace Drug Testing Changes

Two of the most common drug screens that employers are requesting are the 5-panel and the 10-panel drug tests. However, on January 23, 2017, The Department of Transportation announced a Notice of Proposed Rulemaking that will amend its drug-testing program regulation to:

• add four opioids (hydrocodone, hydromorphone, oxymorphone and oxycodone) to its drug-testing panel
• add methylenedioxyamphetamine (MDA) as an initial test analyte
• remove methylenedioxyethylamphetamine, (MDEA) as a confirmatory test analyte

The proposed revision of the drug testing panel is intended to harmonize with the revised Mandatory Guidelines established by the U.S. Department of Health and Human Services for Federal drug-testing programs for urine testing. This proposal also adds clarification to certain drug-testing program provisions, removes outdated information in the regulations that is no longer needed, and proposes to remove the requirement for employers and Consortium/Third Party Administrators to submit anonymous specimens.

Testing for Synthetic Opioids

The current five-panel test used by the DOT would remain the same but the name of the opiates panel would be changed to “opioids” and would include testing for the following synthetic opioids:

• Hydrocodone
• Hydromorphone
• Oxymorphone
• Oxycodone

Other Drug-Testing Revisions

Additionally, DOT proposes to:

• Add a new provision indicating that only urine specimens are authorized to be used for drug testing under 49 CFR Part 40
• Revise an existing provision to describe the procedure for discarding an original urine specimen under certain circumstances
• Adding three new “fatal flaws” to the existing list of four “fatal flaws” currently found in Part 40
• Remove Part 40 provisions requiring anonymous specimen testing
• Add emphasis to an existing Part 40 provision prohibiting DNA testing of urine specimens
• Add clarification of the term “prescription” during MRO review
• Remove, modify and add some definitions to clarify the program and make it consistent with the DHHS Mandatory Guidelines, among other things

DHHS has set an effective date of October 1, 2017 for compliance with its final revision.

This information is important to know and to fully understand as part of any employment drug testing program.