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How Drug Screening Protects Your Business

Written by csdesign on . Posted in Drug Testing.

Regardless of the industry that your business serves, promoting a drug-free workplace with pre-employment screening can offer a strong sense of security and employee trust. Even if federal or state laws do not mandate drug testing for your industry, you might consider drug screening as part of your hiring policies, since screening can have the following benefits in protecting your business.

Employee safety

A drug-free workplace is a safe workplace, so you might ensure a sober workforce with drug screening as a condition of employment. This is particularly important if employees will be operating heavy machinery or working with potentially dangerous equipment that could lead to serious workplace injuries. Drug screening might also help you hire more reliable employees who will show up on time and stay focused on the job.

Liability protection

If employees do suffer injuries on the job as the result of drug or alcohol use, drug screening will be an integral step in eliminating your liability for the incident. A positive drug or alcohol screen may invalidate a worker’s compensation claim on part of an employee, saving you from the cost of compensating or rehiring an injured employee when drug use is a factor in the injury. The ability to deny a worker’s compensation claim will vary from state to state. Please refer to your own state’s worker’s compensation regulations.

Positive company reputation

For businesses that offer in-home service or specialized technical services, a company drug screening policy can instill consumer trust and give your company a more positive reputation. Furthermore, drug screening may promote fairer hiring practices, which can also reflect positively on your business.

If you are seeking drug and alcohol testing for your Southern Arizona business, contact Oschmann Employee Screening Services at (520) 745-1029. We are a DATIA Accredited Collection Facility offering a wide range of services with nearly 2 decades of experience, including DOT compliance, drug and alcohol screening, and background checks for businesses of all sizes.

 

Aviation

Regulations and Requirements for DOT Modes

Written by csdesign on . Posted in Drug Testing.

The United States Department of Transportation (DOT) operates under several modes, including air travel, highway travel, maritime travel, and rail travel. Within each mode, the DOT maintains regulations regarding drug and alcohol testing for employees. These regulations outline which employees are subject to testing and whether there is a minimum required rate for drug and alcohol testing each year to ensure employee and traveler safety.

Random Drug and Alcohol Testing

The DOT requires random drug and alcohol testing in several modes: aviation, motor carrier, railroad, transit, pipeline, and maritime. Within these modes, the DOT has established a minimum rate of testing based on the size of the mode’s safety-sensitive employee pool. Employees must have an equal chance of being tested during each round; employers may opt to select employees on the basis of name, title, or another specified group within the company’s policies, such as all employees on a single train. The minimum random drug testing rate for aviation, railroad, pipeline, transit, and Coast Guard employees is 25%; the minimum random drug testing rate for motor carriers is 50%. Only motor carriers, aviation, railroad, and transit modes are required to randomly test for alcohol, with a minimum testing rate of 10%.

Employees Subject to Testing

The DOT also specifies which employees are subject to random drug and alcohol testing. Employees are eligible for testing based solely on their function, rather than on their title, salary, or any other feature of their employment. Only employees with safety-sensitive functions are placed in the pool for random testing. Such safety-sensitive functions include commercial drivers, aircraft pilots and air traffic controllers, railroad employees subject to hours of service regulations, operations, maintenance, and emergency pipeline employees, and licensed Coast Guard members or employees noted in the vessel’s Certificate of Inspection.

At Oschmann Employee Screening Services, we can help you ensure DOT compliance with services that include drug and alcohol testing, compliance audits, and DOT physicals. If you’d like to schedule service or request pricing information, you can contact us online or by calling (520) 745-1029 or (800) 224-8532.

 

Legal Claims Arising from Arizona Drug Testing

Written by csdesign on . Posted in Drug Free Workplace, Drug Testing.

Drug and alcohol testing are the responsibility of an employer. These tests ensure that workers are physically able to complete tasks in a professional and safe manner, creating safe workplaces for fellow employees and customers alike. The state of Arizona has several legal requirements that employers must follow during drug and alcohol testing to protect the rights of employees.

Procedural Violations

The most common legal claims that arise from workplace drug and alcohol tests are procedural violations of state law regarding these tests. Employers are required to provide employees with up-to-date information about drug and alcohol compliance and testing policies, as well as follow all laws and regulations regarding safety and privacy when conducing such tests.

Discrimination Claims

Employees may also make legal claims regarding drug and alcohol testing if they are taking medication for a disability or condition that falls under the Americans with Disabilities Act. Furthermore, employers may not single out groups of employees by age, gender, or race when conducting drug and alcohol testing.

Privacy and Defamation Claims

Drug and alcohol testing must respect the privacy of employees. Legal claims may be made when an employee’s privacy is violated, either during or after the test. Employers may not require employees to disrobe or provide certain types of samples in front of others, nor may they disclose the results of a confirmed positive or false positive test publicly or negligently.

As an employer, it’s essential to ensure your drug and alcohol testing program follows the procedures and regulations set forth by state law and protects the rights of your employees. Oschmann Employee Screening Services of Tucson can help you conduct on- and off-site drug and alcohol testing in compliance with all state laws. Please call us today at (520) 745-1029 or (800) 224-8532 to discuss your testing needs, or click through our website for more information about our services.

 

A Look at the Drug Abatement Division of the FAA

Written by csdesign on . Posted in Drug Testing.

Both the United States Department of Transportation (DOT) and Federal Aviation Administration  (FAA) maintain strict drug and alcohol restrictions for employees. These restrictions exist not only to protect workers, but to promote the safety of passengers as well. The Drug Abatement Division of the FAA is tasked with development, implementation, and monitoring of drug testing programs, as well as enforcement of testing regulations to ensure all operators and facilities remain compliant.

Drug Abatement Division Duties

The Drug Abatement Division exists not only to enforce drug and alcohol testing regulations, but to develop better policies and testing implementation for safer workplaces and passenger transport as well. Furthermore, the Drug Abatement Division exists to assist all carriers within its jurisdiction with the creation and implementation of a drug testing program. Compliant drug testing programs should include actions such as pre-employment testing, random on-the-job testing, and a regulated return-to-duty process for employees that test positive for drugs or alcohol.

Drug Abatement Division Jurisdiction

The FAA’s Drug Abatement Division is responsible for enforcing drug testing regulations in a variety of settings. This division holds jurisdiction over drug testing development and implementation for part 119 certificate holders operating under parts 121 and 135, air tour operators as defined in 14 CFR part 91, and air traffic control facilities that are not operated by the FAA or currently under contract to the United States military. The Drug Abatement Division also holds jurisdiction over part 145 certificate holders and contractors that have opted to implement their own alcohol and drug testing program.

Oschmann Employee Screening Services is here to help you maintain DOT and FAA drug testing compliance in the state of Arizona. Our services include on-site drug testing and employee compliance training programs to promote a drug-free workplace for employee and client safety. You can find out more about us and our services on the web, or by calling (520) 745-1029 or (800) 224-8532.

 

Ensuring Your Employee Drug Testing Program Is Ethical

Written by csdesign on . Posted in Drug Free Workplace, Drug Testing.

Mandatory drug testing of Arizona employees is highly controversial, as many believe it is an unnecessary expense that can result in unwarranted job loss. Others believe employee drug testing helps protect the work environment from drug-impaired workers. Regardless of your viewpoint on workplace drug testing, it’s important to ensure the entire process is ethical and safe for your workers.

Privacy

Many critics of workplace drug testing cite a worker’s right to privacy in their argument. Critics argue that if an employer asks an employee to submit to a drug test, which indicates the employee consumed the substance the previous night, this is not relevant to the work environment. The employee chose to consume drugs on his or her own time but is not under the influence of drugs while at work. Critics of employee drug testing argue that it’s an invasion of privacy for employers to inquire as to how an employee spends time away from work.

Fairness

Drug testing proponents argue that an employee’s behavior away from work does impact his or her work performance. As a result, proponents argue that impaired employees shouldn’t be paid the same wage as those who work to their full capacity. At the same time, mandatory drug testing does impact employee morale, as some employees view the process as authoritarian action.

Safety

Supporters of mandatory drug testing programs also cite concern for workplace safety. For example, a truck driver puts the lives of innocent people at risk if he or she drives while under the influence of drugs or alcohol. If the driver causes accidents or injuries while at work, the employer can be held liable for the damages. Mandatory drug testing helps alleviate this risk of liability.

Oschmann Employee Screening Services is a national provider of drug and alcohol testing programs and DOT compliance services. We have been a national leader in developing, managing and servicing Drug Free Workplace Programs since 1996. If you would like to learn more about Arizona drug testing for the workplace, you can reach us at (520) 745-1029 or (800) 224-8532.

Dealing with Employee Refusals for Drug Tests

Written by csdesign on . Posted in Drug Free Workplace, Drug Testing.

Employee drug testing is a common practice to ensure employee safety and integrity. Many companies require drug testing as part of the hiring process, while a drug test may also be ordered at random or following a questionable incident. If your business employs any type of drug testing policy, it’s important to also have a policy in place to deal with an employee refusal to submit to drug testing.

State Law and Company Policy

The best way to handle employee drug testing is to draft a clear company policy regarding drug testing, how and when it will occur, and what will happen if employees refuse a test. In most cases, companies that do not have an existing policy for drug testing and refusals must default instead to state laws regarding drug test ordering and how to deal with employee refusals. However, it’s important to note that even if you do draft a company policy, it should not conflict with any state laws regarding employee rights to refusal of drug testing in a given situation.

Reasons for Drug Testing

In addition to establishing a company policy on drug and alcohol usage, it’s important to include a clear list of reasons for ordering a drug test in your company policy. If you choose to implement a random drug testing program, outline the percentage of employees that will be tested within a given time period. You should also list the behaviors that will prompt a reactionary drug test, such as recklessness, difficulty completing daily tasks, and changes in personality. Once you have made the reasons you might order a drug test clear, you can also make clear the repercussions of refusing such a test, which is often grounds for termination.

Are you looking to begin a drug testing program in your Arizona workplace? Please contact Oschmann Employee Screening Services today by calling (520) 745-1029 or (800) 224-8532 for the professional assistance you need for convenient and accurate drug and alcohol testing. You can also find out more about the benefits of a drug-free workplace when you visit us online.