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PCCA Journal|2 nd Quarter 2011 22

under the ADA.

The Federal Family Medical Leave Act states that while substance abuse might qualify as a serious health condition requiring protected time off from work, employees can’t ask for accommodation or leave after testing positive as a means of avoiding discipline or termination un-der either regulation. Check your state’s specific rules and guidelines regarding substance abuse to ensure compliance with local regulations.

Studies repeatedly prove that actual expenses within a business are reduced when sound drug testing programs are applied thanks to fewer workers com-pensation claims, fewer injuries incurred on the job, lower worker absenteeism, and increased productivity.

Mark A. de Bernardo, executive direc-tor of the Institute for a Drug-Free Work-place and an attorney in the Washing-ton, D.C., area office of Jackson Lewis, said a November 2010 ballot initiative in California that would legalize the use of marijuana represented “a reckless retreat in our long-standing—and success-ful—national policy on substance-abuse prevention” and “would severely com-promise employee safety and health.” Taking the issue even further, de Bernardo suggested Proposition 19 may cause multistate employers to decide not to expand in California or perhaps move out of the state, effectively sending jobs overseas. He worries that employers who know the value of having drug-free workplaces and who are impeded in efforts to have drug-free workplaces will relocate or expand elsewhere. The safety risks of marijuana—medi-cal or otherwise—on the job continue to mount. Marijuana today has as much as 10 times the tetrahydrocannabinol content as marijuana in the 1970s and is highly addictive, de Bernardo said at a September 13, 2010, news conference at the National Press Club in Washington,

D.C. He reiterated that employees who engage in substance abuse are more than three times as likely to be involved in workplace accidents and five times more likely to be involved in an accident off the job, which affects attendance or performance on the job.

And what of employee morale? Other studies have shown that most employees are not drug abusers and have little to no interest in working side-by-side with drug abusers. They recognize the severe workplace safety compromise that is im-posed on workers who work near drug abusers, not to mention the statistics that reveal how much less productive drug abusers are than fellow workers. Under ADA Section 1630.16(b), em-ployers are allowed to prohibit alcohol as well as the illegal use of drugs in the workplace. And employees who engage in illegal drug use or who are alcoholics can be held to the same qualification standards for employment, job perfor-mance, and behavior as other employ-ees.

Moreover, employers with 25 or more employees subject to Department of Defense (DOD) and DOT regulations addressing alcohol and the illegal use of drugs are further allowed to require their employees to comply with these regulations. These regulations permit and in some case require employers to administer drug tests and even remove employees who test positive for illegal drugs from those positions. The DOT is split into six different agencies, but employees covered by the testing regulations generally fall into these categories:

Commercial vehicle operators

Operators of nonrevenue service ve-hicles, if the job requires a commercial driver’s license

Dispatchers and anyone who controls the dispatch or movement of revenue service vehicles or equipment used in

revenue service

Maintenance personnel for revenue service vehicles (except cleaning crews)

Security guards who carry firearms Although no drug-testing system is foolproof, a reputable provider like Global HR Research can help ensure your drug testing program is accurate and reliable. Our company is committed to providing a drug testing program that meets the requirements of a company, taking into account company culture, size and impact on employee morale, and budgetary matters.

A full array of screening platforms is available on the Global HR Research website under services. It’s safe to say that with dozens of drug-screening solutions for virtually any type of busi-ness, we approach drug screening with anything but a paint-by-number attitude. We understand that with 20 million Americans age 12 and up admittedly using illicit drugs (8 percent of the total U.S. population in that age group), this is serious business.

A quick reference listing of what we offer includes customized drug-screening services whereby company officials can order and receive results online (drug tests and exams, urine, saliva, breath al-cohol, hair, DOT and non-DOT physicals, wellness, vaccines, and lift tests). In addition, instant, on-site, post-accident and pre-employment testing, random program management, and reasonable-suspicion and return-to-duty testing.

Brandon G. Phillips is CEO of Global HR Research, a PCCA affinity partner that provides member discounts and finan-cial support to the association. For more information on DOT’s drug- and alcohol-testing regulations, visit www.dot.gov. For more information on Global HR Research, their drug screening, and other services, go to www.globalhrresearch.com.

Human Resources

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