Random Drug Testing

Drug testing at random provides companies a powerful employer drug testing tool to help ensure no illegal drug use occurs in the workforce at any time. The Department of Transportation (DOT) refers to random drug testing as the “best tool employers have for deterring drug and alcohol use in the workplace”.

Given the safety-sensitive nature of the transportation industry, every DOT-regulated agency as well as the Coast Guard have their own regulations that establish minimum levels of random drug testing. Drug testing at random is not only reserved for transportation. However, its widespread practice in the industry can shed light on its effectiveness for any business that aims to remain drug-free.

Perhaps the main factor that makes random testing such a useful deterrent against drug use is the element of surprise. Employees know they may be tested at any time. Consequently, given an opportunity to take illicit drugs, they have yet another important reason to abstain: their employment depends on remaining drug-free.

When combined with pre-employment drug tests, random employer drug testing can minimize the likelihood of undesirable or even dangerous behavior among employees. Employees have less time to submit a sample for a random drug test than they do for a pre-employment test.  Random employer drug testing eliminates the option of abstaining from a drug habit in anticipation of a test.

Employers and employees alike should remember that a positive random drug test does not automatically result in termination. Random testing helps employers identify those with substance abuse issues and refer them to appropriate treatment. Employee assistance programs offer employees a fair chance at recovering from drug addiction. and play an integral role in any successful drug-free workplace program.

In setting up an employer drug testing policy, employers should clearly outline the consequences of positive tests. This policy must be applied for all cases, involving all positive employees.

Reasonable Suspicion Drug/Alcohol Testing

Aside from standard random or pre-hiring drug tests, another type of test pinpoints the cause of inappropriate or unusual behavior and prevents it from continuing. Employers give reasonable suspicion drug tests when they believe an employee is under the influence of drugs while on the job.

Drug-free workplace programs train supervisors to identify the signs of drug use. Signs can include what the supervisor sees, hears, smells or notices as a trend in the employee’s performance.

Supervisors trained in drug-free workplace policy must witness the behavior. Only then can they make the call to conduct a reasonable suspicion test. Having more than one supervisor witness the signs can help strengthen the integrity of the case. Businesses should never rely on rumors or gut feelings as a legitimate cause to conduct this type of employer drug testing.

• Some signs of drug and alcohol use:
• A pattern of lateness
• Excessive absence
• Decreasing productivity
• Poor work performance
• Problems involving interactions with co-workers

These problems alone don’t constitute grounds to conduct a reasonable suspicion test. Employers must observe explicit signs of alcohol and illicit drug use. The following list represents a few symptoms that may be present. However, this list is by no means comprehensive:

• Lack of coordination
• Constricted pupils
• Aggressive behavior
• Slurred speech
• Slow reaction time
• Odor of alcohol or marijuana
• Profuse sweating
• Excessive talkativeness
• Delayed decision-making
• Constricted pupils
• Mood changes

It is critical to notify the individual and conduct a test soon after observing the signs of drug use, so as to not allow the employee to take steps to alter the results.

Confronting an employee about suspected drug use can be difficult, but should be done privately, and with a focus on behavior and appearance, rather than drug use. The use of a drug test should be explained as a way to rule out drug or alcohol abuse as a cause of behavioral changes.

Post-Accident Drug Testing

When accidents occur on the job, it is often crucial to know whether drugs were involved. While employers should not assume drugs were the cause of an accident or injury, post-accident drug tests can help determine how the issue should be handled.

As with annual and random drug tests, each division of the US Department of Transportation (DOT) has specific protocols for the use of post-accident drug testing. In a safety-sensitive industry like transportation where employees operate commercial motor vehicles, accidents can be dangerous. They can cause property damage, injuries and fatalities, so businesses must rule out the use of drugs or alcohol as a cause.

For DOT-compliant businesses, one of three conditions generally must be met to conduct a post-accident test:

• A fatality
• Someone involved requiring immediate medical care
• Towing of a vehicle and citation of the driver for a moving violation

Agile's Drug Screening Programs Comes in a Variety of Options

After deciding to launch an employer drug testing program, you need to know which drugs to test for, how to test for them, and why. This guide walks you through the various drug panels, which panel might suit your business needs, and what specific drugs industries typically test for.

Panel Drug Testing

The medical industry often refers to specific drug tests as ‘panel drug tests.’ Each specific drug tested equals one panel. For example, a 6-panel drug test examines a specimen for the presence of six different substances.

The most common drug test, a standard 5-panel urine drug test, examines a urine specimen for the presence of:

• THC (Marijuana)
• Cocaine
• Opiates
• Phencylcidine (PCP)
• Amphetamines

Higher Panel Drug Testing

Higher panel tests simply add more drugs, or panels, for testing. While employers can customize drug panels, certain combinations of drugs make up panels more frequently than others. If you increase the number of panels tested from a 5-panel urine drug test, you typically add a new drug for each extra panel. Below you can find what drugs each extra panel adds to the standard five drugs tested.

Six-panel drug test:

A 6-panel drug test usually adds on benzodiazepines. Psychoactive drugs, Benzodiazepines treat panic attacks, generalized anxiety, seizures, & alcohol withdrawal. Common benzodiazepines include Valium & Klonopin. While generally well-tolerated, common side effects of benzodiazepines, particularly if abused, include fatigue, dizziness, and weakness. Thus, if your industry prioritizes alertness, such as working with heavy machinery, testing for benzodiazepine abuse is reasonable.

Seven-panel drug test:

A 7-panel test usually adds on Benzodiazepines & Barbiturates. Sedative-hypnotic drug, barbiturates decrease anxiety and fight insomnia. Known commonly as ‘downers,’ barbiturates affect the brain in a way similar to alcohol or sleeping bills. Frequent abuse of barbiturates occurs in suicide attempts and may cause death or coma – making them a dangerous class of drug. Barbiturates, if abused, can cause extreme drowsiness and confusion. Again, industries highly concerned with safety should test employees for barbiturate abuse.

Eight-panel drug test:

An 8-panel drug test usually adds on Benzodiazepines, Barbiturates, & Quaaludes. Quaalude is a brand name for the drug methaqualone. Used recreationally as a muscle relaxant and aphrodisiac, methaqualone has lost popularity among abusers in North America currently. Thus, in some ways, a company would be better served using a 7-panel urine drug test or going beyond 8 panels.

Nine-panel drug test:

A 9-panel urine test usually adds on Benzodiazepines, Barbiturates, Quaaludes, & Propoxyphene. Propoxyphene, also known as Darvon, is a narcotic pain reliever. Highly addictive, Propoxyphene interacts dangerously with other drugs and alcohol.  Also, it can cause side effects of slowed heartbeat, confusion, fainting, and even seizures. Testing employees for Propoxyphene makes sense for two reasons. First, if an employee suffers from so much pain that they need a narcotic pain killer, that employee may lack the ability to function safely at work. Second, we cannot understate the dangerous side effects and addictive nature of the drug.

Ten-panel drug test:

A 10-panel drug test usually adds on Benzodiazepines, Barbiturates, Quaaludes, Propoxyphene, & Methadone. Methadone can be abused as a pain reliever and can cause extreme exhaustion and numbness.

Eleven-panel drug test:

The lineup of an 11-panel urine drug test differs slightly. It tests everything an 8-panel test does, but usually adds on Methadone, Oxycodone, & Tricyclic Antidepressants. Tricyclic Antidepressants (TCA’s) have lost popularity as prescribed anti-depressants in recent years – primarily due to their many side effects. TCA’s can cause moderate cognitive impairment, anxiety, and exhaustion.

Twelve-panel drug test:

A 12-panel test usually tests everything a 10-panel test does, but adds on Percoset/Oxycodone and Ecstasy/MDMA. The 12-panel test essentially tests for additional opiates and painkillers that lower-numbered panels may not detect. Industries requiring significant responsibility utilize this fairly comprehensive drug test.

Which Type of Screening is Right for your Company

If you don’t have any needs or legal requirements to test beyond these substances, a 5-panel test is a perfectly reasonable choice to serve as your company’s drug testing policy. In general, the 5-panel test looks for the presence of commonly abused street drugs, while larger panel tests search for abuse of prescription drugs and painkillers as well.

However, choosing the panel test that works best for your company depends on several factors:

• Your industry
• The laws applying to your industry for drug testing
• Corporate culture

Industry-specific drug testing standards:

• The DOT legally requires a standard 5-panel test for all drivers. The DOT requires drivers to take a pre-employment drug test, a random drug test yearly, and an annual drug test.
• Agile recommends that home health aides take an 8-panel test.
• Construction and heavy machinery related industries frequently test 9 or more panels. The need for alertness in these industries is high and a normal side effect of abused prescription drugs is fatigue – a side effect that’s extremely dangerous in high-activity industries.
• Civil servants are required to pass a 5-panel test. However, some states now require them to pass a 10-panel drug test.
• Employers who have, or want to establish a strict drug-free workplace policy may choose to require their employees to pass a comprehensive 12-panel test.

Corporate culture:

Companies who primarily employ wealthy, white-collar workers, may want to test their employees for designer drugs or drugs that are meant to improve focus. These drugs have a much greater incidence of abuse in certain fields. For example, while cocaine was the most commonly abused drug among stockbrokers in the 1980’s, and is still abused in this occupation today, in recent times abuse of Ritalin, Adderall, & Provigil has skyrocketed.

Further, some companies may have a culture that doesn’t object to a typically tested drug. With expanding legalization of Marijuana and differing corporate outlooks on the drug, some companies might choose a 4-panel drug test, testing for everything in a typical 5-panel test but excluding the THC panel.

What Drugs can Be Tested?

While the sky is not quite the limit when it comes to options for employer drug testing, a great number of drugs can be tested, including:

Marijuana, Cocaine, PCP, Amphetamine, Ecstasy, Methamphetamine, Opiates, Oxycodone, Methadone, Barbiturates, Benzodiazepines, Buprenorphine, Tricyclic Antidepressants, Propoxyphene, Tramadol, Fentanyl, Sufentanil, Zolpidem, Carisoprodol, Meperidine, Antihistamines, Synthetic Cannabinoids, Designer Stimulants (Bath Salts), Dextromethorphan, Direct Ethanol Biomarkers, High Potency Opioids, Ketamine, Propofol Glucuronide, & Ritalin.

Employer drug testing programs can test for alcohol as well, but due to its rapid clearance from urine and the bloodstream, is usually tested randomly or due to reasonable suspicion. Agile offers Breath Alcohol Tests to detect the presence of alcohol.

How far back can drugs be detected?

This varies by the drug and testing medium. Drug tests can utilize urine, hair, blood, or saliva for testing. The choice of testing medium impacts how far back substances can be detected. In addition, the size, weight, health, level of hydration, and other factors can impact drug detection periods.

How accurate are drug testing results?

Employer drug testing performed through Agile are SAMHSA and DOT certified, reviewed by a Medical Review Officer and collected according to anti-tampering specifications.

Agile screening programs are compliant with new regulations for THC testing

California Assembly Bill 2188, also known as the Medical Marijuana Regulation and Safety Act, sets forth guidelines and regulations for medical clinics that perform drug testing for marijuana. Effective January 1, 2024, state law prohibits employers from using drug screen results against an applicant if the test reveals evidence of past marijuana use. The intent of the new regulations for employment-related drug testing is to test for impairment on the job or at the worksite, not just for the presence of the substance.

The California Legislature expressly states that the traditional and standard tests for marijuana use can no longer be used for pre-employment drug screening or be the basis for discipline or termination of an employee. However, applicants and employees can still be disciplined or terminated based on test results that show impairment due to the presence of the psychoactive chemical compounds of marijuana.

Employers that test for THC should consider removing pre-employment marijuana testing policies that utilize the current standard testing methods for non-psychoactive cannabis metabolites to avoid liability. Employers should consider adding oral fluid testing (saliva test), which is now the only legitimate method permitted for cannabis testing.

Agile has taken the necessary steps to meet the requirements of CA AB 2188 and is fully prepared to assist you in revising your drug screening program.

How does this effect your screenings?

AB 2188 is intended to highlight that testing for non-psychoactive cannabis metabolites in someone’s system (i.e., the current testing method), which can be present for weeks after use, does not correlate whether an employee is currently and/or actively impaired on the job. Therefore, starting in January 2024, other testing methods need to be used that do not focus on the presence of non-psychoactive cannabis metabolites, but rather on the psychoactive components of marijuana in an individual’s body.

Screening compliance

Pre-employment testing is necessary for maintaining a drug-free workplace and ensuring both the safety of employees and, depending on the industry, the public. However, given AB 2188, California employers who are not statutorily exempt from the scope of the regulation should revisit their drug screening policies, particularly as they pertain to marijuana, in hiring, discipline, and termination to ensure compliance.

There are a few important exemptions to this new law. Specifically, AB 2188 exempts employees in the construction and building industries and those hired for positions that require federal background and clearance checks. Notably, the new law does not exempt employees in other safety-sensitive industries such as transportation, health and services, manufacturing, and agriculture.  

Employers should remove pre-employment marijuana testing policies that utilize the current standard testing methods for non-psychoactive cannabis metabolites to avoid liability under the Fair Employment and Housing Act (“FEHA”).

Employers may use testing methods that test the employee’s impairment at the time of the interview or while on duty and/or test for the psychoactive component of marijuana. The test currently recognized for this type of testing is the oral fluid test.

New screening options for employers

To comply with the new regulations, Agile now offers rapid drug tests without the THC component and oral fluid screening for the psychoactive metabolite for marijuana (saliva test) in addition to our standard screening protocols. Employers now have a choice of the following screening options to maintain compliance with the new law:

• Rapid Drug Screen 5 Panel NO THC
• Rapid Drug Screen 7 Panel NO THC
• Oral (Saliva) Drug Screen 5 panel
• Rapid Oral (Saliva) Drug Screen for THC