Te decision to require a test is based on
the accident and/or injury as outlined by the company policy to conduct such testing.
How soon should employees be tested following an accident? A post-accident drug test should be performed as soon as possible, though the standard is up to 32 hours aſter the accident occurred. Tis is based on the estimated time frame that drugs remain detectable in the system. Alcohol tests are much more time sensitive and should be performed within two hours, but not to exceed eight hours following the accident due to the short duration of time alcohol remains in the blood system. If testing is not performed within
recommended time frames, all atempts to test the individual(s) should cease and reason(s) the test was not performed should be documented and recorded. Company policy will dictate the course of action followed if testing cannot be performed. If the test could not be per- formed for practical, logistical reasons, and similarly to DOT post-accident testing, most employers would not take any action against the employee. However, similarly to DOT post-accident testing, if an em- ployee refuses to submit to testing, most employers’ policies state that the test will be treated as a positive test based on the employee’s refusal to submit to testing.
How are off-site accidents handled? In situations when an accident occurs outside of normal business hours, or in an area outside the primary collection facility, organizations should develop and follow detailed internal policies and procedures that govern how and when to conduct post-accident testing. Specifically, organizations should
establish a designated contact person or procedure to consistently determine:
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• If a post-accident test is required • Where to report for testing • How the employee should be transport- ed to and from the collection site For organizations that opt to work with a
TPA, look for reputable providers that offer a comprehensive drug testing solution that includes support for program administra- tion and “aſter hour” services.
Jurisdictions that prohibit or restrict post-accident testing Due to a variety of issues involving restric- tions on drug testing and worker privacy rights, some jurisdictions (including state and city-specific regulations) either prohibit or restrict post-accident testing. Organiza- tions should work with their internal human resource team and legal counsel to determine which, if any, state-specific laws apply to them. While the list below is subject to change
based on evolving laws, it includes all juris- dictions that currently prohibit or restrict post-accident testing.
City or State Arkansas*
Boulder, Colorado Connecticut Iowa
Maine
Massachusetts Minnesota Mississippi* Montana
Rhode Island
San Francisco, California Tennessee* Vermont
West Virginia
Program Considerations As mentioned earlier, it is essential that or- ganizations consult with internal HR teams and legal counsel regarding local state and federal laws, and related employment law maters in order for any substance abuse testing program to be successful, particular- ly one that includes post-accident testing. In addition, organizations should also:
• Address and meet all legal obligations to ensure the legal rights of an organization and its employees are protected
• Fully develop and properly document all aspects of a drug screening and post-accident testing program, includ- ing any unique, organization-specific or industry-specific requirements, situa- tions or circumstances
• Effectively communicate all program requirements to all employees
• Ensure that if a third-party administrator (TPA) is utilized, it offers: • Compliant, user-friendly policies and procedures to assist in the development and maintenance of a quality program
Prohibited
Restricted X X
X X X X X
X X
X X
X
X X
* Arkansas and Tennessee offer voluntary benefits under their state’s law. If a company is not interested in complying with the voluntary benefits, then there are no restrictions regarding post-accident testing.
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