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Revised Guidelines for Federal Workplace Drug Testing Issued
The Substance Abuse and Mental Health Services Administration (SAMHSA), part of the U.S. Department of Health and Human Services (HHS), recently issued a final notice of revisions to its Mandatory Guidelines for Federal Workplace Drug Testing Programs.
These guidelines outline the standardized procedures all Federal agencies conducting drug testing must follow. Private employers are not required to follow them; however, many choose to do so in order to stay on safe legal ground. Past court decisions have supported following them. The guidelines require, among other things, having a Medical Review Officer (MRO) evaluate positive test results. They also identify the substances tested for and establish standards for certification of labs used in Federal drug-testing programs.
Previously, the guidelines identified five substances tested for in Federal drug-testing programs: amphetamines, cannabinoids, cocaine, opiates and phencyclidine. The revisions incorporate tests for a broader range of illicit substances and establish new procedures for ensuring the reliability and accuracy of urine testing. In particular, they expand the use of enhanced versions of urinalysis to cover MDMA, or Ecstasy.
The final revisions were based on proposed revisions issued in 2004; however, they take a more cautious approach regarding the use of alternative specimens and techniques for drug testing. The 2004 proposed revisions raised the possibility of including emerging methods such as testing hair, oral fluid, sweat patch specimens and point of collection urine testing (also known as instant screening kits). HHS decided not to incorporate such methods until further information on them is available and plans to issue a notice in the Federal Register in the near future requesting information from the public to assist in assessing them in anticipation of further revisions to the guidelines.
Drug-testing is one component of a comprehensive drug-free workplace program, which also includes a written policy, training for supervisors on signs and symptoms of substance abuse, education for employees about the dangers of substance abuse and some form of assistance or support for employees who may have problems with alcohol and other drugs. More information about these components, including step-by-step guidance on drafting a written drug-free workplace policy, is available on the U.S. Department of Labor’s Working Partners Web site.
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