HRMN 5460 EXAM 3

confirmatory tests

(second, more sophisticated tests) used when initial screening tests come back positive

Alabama has a drug-free workplace program where employers can qualify for discounts on worker's compensation insurance premiums. To qualify:

- Must test job applicants upon conditional offers of employment - Must include notice of testing in job announcements - Generally, the program follows the program requirements under federal Drug-Free Workplace Act and the Omnibus Transportation Employee Testing Act

Identify best practices employers should use in carrying out drug testing programs.

- Notify employees if they are subject to drug testing - Notify employees of the circumstances under which drug testing will occur - Notify employees of the consequences of testing positive - Carefully label specimens - Document chain of custody for samples - Respect the privacy of employees being tested. - Use reputable labs and monitor their performance. - Use confirmatory tests for positive results. - Appoint a medical review officer to interpret results. - After a positive result, seek information about medications the employee is taking. - Take into account medications that may affect the result. - Give employees the opportunity to provide alternative explanations for positive results. - Treat all drug tests as confidential. - Provide rehabilitation drug programs or referral lists to rehabilitation programs.

Steps to Take in testing for Reasonable Suspicion

- Only supervisors trained in signs and symptoms of probable drug use and alcohol misuse can make decision to test - Document the signs and symptoms observed (e.g., smell, slurred speech, unsteady movements, eye dilation) - Observation of employee should be made by two members of management or HR - Approach employee discreetly and with respect. - Conduct interview with employee and explain required drug test in private place. - Transport employee to drug testing center and back home afterward.

Describe reasons for drug testing in employment.

- Prior to hiring; - As part of periodic medical exams; - To verify that employees who have been through drug rehab programs are "clean"; - Upon observation of aberrant behavior that create reasonable suspicion of drug use; - After on-the-job work accidents; - And randomly In random drug testing, a percentage of the work force is selected for periodic drug testing

drug testing for public employers

- Random drug testing by public employers is prohibited by the Fourth Amendment to the U.S. Constitution, prohibiting unreasonable search and seizure - Public employers may drug test for safety sensitive jobs or upon reasonable suspicion. - Drug and alcohol testing of employees in transportation-related jobs is required.

If a test is a "medical exam," then it is covered by

Americans with Disabilities Act (ADA)

Omnibus Transportation Employee Testing Act

Covers employees in safety sensitive jobs in aviation, pipeline, public transportation, railroad, ships/vessels, trucking, tour bus, school bus - does not provide individual employees with the right to sue for improper drug-testing procedures

How does the EEOC define a medical exam

The EEOC defines medical examination as any "procedure or test that seeks information about an individual's impairments or health."

Drug Free Workplace Act applies to

companies that have contracts to provide goods or services to the federal government.

the EEOC provides a seven factor test to determine.........

if a test or procedure is a medical examination.

DWFA requires employers to

o Develop & communicate policies concerning drug use, sale or possession in the workplace. o Inform employees about dangers of drug use and options for counseling and treatment o Establish penalties for drug use violations o Report drug use convictions

Drug Free Workplace Act

requires that covered employers develop and communicate policies prohibiting drug use, possession, sale, or distribution in the workplace; inform employees about the dangers of drug abuse and options available for drug counseling and treatment; establish penalties for drug abuse violations; and report to the funding agency any convictions relating to drug use or sale in the workplace.

Chain of custody

the parties who handle the sample

Medical review officer (MRO)

to interpret the results and communicate them