BEST PRACTICES BY JOSEPHINE ELIZABETH KENNEY, JD, MBA, FIRST ADVANTAGE
Best Practices for Non-DOT Post- Accident Testing: Program Considerations for Successful Implementation
O
n the whole, employee drug abuse has the potential to negatively impact any business,
regardless of size or industry; however, when employee drug abuse is the cause of workplace accidents, the impact in- creases exponentially. According to a National Institute on
Drug Abuse (NIDA) study, substance abusers are up to four times more likely to be involved in on-the-job accidents, and five times more likely to file workers’ compensation claims. In addition, some states permit insurance companies to deny or reduce workers’ compensation benefits if an employee involved in an ac- cident was impaired or intoxicated at the time of the accident. Simply put, organizations that
implement a drug testing program that includes post-accident testing can gain a substantial edge over their competition by boosting workplace safety, saving on insurance costs and improving the overall worker’s compensation experience, while reducing legal liability and the myriad costs and consequences associated with workplace accidents. To assist in establishing an effective
post-accident drug screening protocol or revising an existing program, this paper skips the complicated industry jargon and, instead, offers a simple, plain-English guide to the basics of post- accident testing. Readers will be exposed to fundamental drug testing concepts, how post-accident testing works, its legal limitations and key program consider- ations, along with a high-level workflow to clearly illustrate core components of a post-accident drug testing process.
16 datia focus Tis article is writen for organizations that
are not regulated by the U.S. Department of Transportation (DOT), and is not intended for organizations that are DOT-regulated.
What is drug and alcohol testing? A drug test is designed to screen for the presence of a detectable amount of an illegal drug or a legal drug not legally prescribed, i.e. Oxycontin or morphine (although, there are industry cutoffs). An alcohol test is designed to screen for the presence of alcohol in an individual’s system which equals or exceeds blood alcohol content (BAC) of a specific amount as determined by federal, state, local law or the company policy. A drug test is typically conducted us-
ing a urine, oral fluid or hair specimen, while an alcohol test can be conducted using a breath, saliva or blood specimen.
Typical drug and alcohol testing options Several substance abuse testing options are available to employers, depending on their federal, state and industry require- ments, and their unique organizational needs. Consultation regarding the imple- mentation of testing options available within one or more states and in accor- dance with the federal guidelines should be carefully discussed. The types of tests available are as follows: • Pre-employment • Post-accident—the focus of this paper • Reasonable cause • Random • Return-to-duty • Follow-Up
Standard definition of post-accident testing With the exception of some state-specific laws and certain federal regulations such as those enforced by the Federal Motor Carrier Safety Administration (FMCSA), post-accident testing generally involves performing a drug and alcohol test on all employees involved in accidents occur- ring during work time or on company property. Covered accidents include acci- dents that employees caused or contrib- uted to that involvde but are not limited to: 1) personal injury to employees or others which necessitates medical atten- tion, or results in lost work time; and 2) damage to company property. Employees involved in accidents oc-
curring during work time or on company property are expected to make them- selves available for post-accident testing. If circumstances require an employee to leave the scene of an accident, the em- ployee must make a good faith attempt to be tested and to notify the company of his or her location. Any employee who fails to report
any work-related accident is typically in violation of the company policy and is subject to disciplinary action, up to and including termination. Testing should never take precedence over necessary emergency medical care.
Who is screened in post- accident testing? In general, post-accident testing involves screening: 1) the injured employee; and 2) the employee who caused the accident, the situation or damage to company property.
summer 2014
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