Workplace Drug Testing FAQs
	*New Questions and Answers are added to this section periodically
	1. Is drug testing an invasion of privacy?
	If the program is properly administered, complies with Federal, State, & Local laws, and is conducted according to existing workplace policies, the courts have determined that drug testing is not an invasion of your privacy. The primary factor (among others) with respect to court decisions is the welfare and safety of others.
	2. How do I find out if the law applies to me?
	If you're concerned about a state law, contact your state's Attorney General. For Federal laws, check with your local librarian and review the Federal Register. Most regulations concerning Federal drug testing requirements are contained within the Omnibus Act of 1988 and subsequent amendments. If you're a union member, you can also contact your shop steward and discuss the situation with your Local's Union Representative. You may also visit the DATIA website or the SAPPA websites. Both are excellent sources of information.
	3. Do employers have the right to require that employees be tested for drugs and alcohol?
	Yes on both counts—but certain Federal or State laws or regulations may govern certain types of tests administered. Additionally, the company should follow the established procedures and policies of its personnel manuals.
	4. What information do they put on the forms that go with my sample?
	For DOT testing, a DOT-approved form is required. It is designed to provide anonymity for the donor and will not have your name on it. For non-DOT testing, most labs and collection sites use a modified version of DOT forms
	5. What kinds of tests would I have to take? What drugs would I be tested for?
	Your employer has the right to set up a testing program for illicit drugs and/or alcohol and drug abuse. Under most circumstances, the types of tests, the drugs tested for and the cut-off levels can all be determined by your employer except in cases of DOT-mandated testing. However, the manner in which the testing is required may be regulated on a mandatory or advisory level by both Federal and State governments. For more information you may visit the Federal Government’s Department of Transportation website.
	6. How reliable is drug testing?
	When both screening and confirmatory tests are conducted, the combined tests themselves become virtually 100% dependable.
	7. What rights do I have in a testing program?
	Your basic rights extend primarily to the right to privacy and the right to question the legitimacy of a test result. You may have additional rights depending on your individual circumstances as well as State and local regulations.
	8. What happens if I decline to be tested?
	Most company drug testing "Policies and Procedures" call for some form of disciplinary action which can include dismissal. The Department of Transportation Guidelines considers a refusal the same as a positive test (DOT 391).
	9. Where would I be tested?
	Based upon the type of drug test administered, you may be tested at the worksite or a separate collection facility
	10. What actually happens when I go to be tested?
	Many testers will provide a written sheet of instructions or provide excellent verbal instructions for you. You may be asked to provide a breath sample for a Breath Alcohol Test or a Urine specimen for a urine drug screen. Additionally, If hair testing is required the tester will cut about 50 strands of hair at the scalp level. Traditionally, most drug testing methods have involved the analysis of urine specimens. This process is known as "urinalysis". Test results are reported as POSITIVE or NEGATIVE for illicit drugs. A urine specimen is given at a collection site, which is usually a clinic or doctor's office. At the collection site, an employee usually provides the specimen in private. Each step of the process is documented with a "chain of custody" form. The collection and chain of custody procedure ensure the specimen is properly identified and tracked throughout the testing process. All certified drug testing laboratories have established relationships with collection site facilities across the country. Your company will use one or more of these sites for specimen collection. Oral fluid specimens, however, can be given right at your worksite to a certified drug testing administrator. Oral Fluid Testing is a two-stage process. First, an initial (screening) test is administered. If it is non-negative for one or more drugs, then a second, confirmatory test is usually conducted for each identified drug class. The confirmation test uses a different, more sophisticated chemical process. It ensures that substances such as over-the-counter medicines are not reported as positive. Again each step of the confirmatory process is documented using a “chain of custody” form.
	11. May donors be required to strip, wear a hospital gown or empty pockets?
	Oral fluid testing does not require any change in clothing, or search of any kind. For urine testing, you do not have to strip or wear a gown. DOT's procedures state: "The collection site person shall ask the individual to remove any unnecessary outer garments such as a coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the individual's urine specimen. The collection site person shall insure that all personal belongings such as a purse or briefcase remain with the outer garments. The individual may retain his or her wallet." (DOT 49 CFR Part 40.) For urine testing, it should also be noted that if a collection site person, during the course of a collection procedure, notices an unusual indicator that an individual may attempt to tamper with or adulterate a specimen, as evidenced by a bulging or overstuffed pocket, for example, the collector may request that the donor empty his or her pockets, display the items and explain the need for them during the collection.
	12. What if I can’t donate a specimen: just can't "go" right then? Can I just go home and come back later?
	Company policies should be referenced and adhered to. Generally… If the donor is unable to provide a urine specimen initially, a circumstance referred to as “shy bladder”, fluids are provided with the dual objective of assisting the willing donor and encouraging the non-willing donor. There is no indication in the rules that an employee may be excused during this period. Only if the employee is still unable to provide a complete specimen do additional procedures come into play (DOT 49 CFR Part 40). Once administering fluids has failed to produce sufficient urine, then alternatives are available. They consist of having the employee remain at the collection site and continue to consume quantities of fluids until the specimen has been provided (up to 8 hours from inception of the collection) or discontinue the collection and conduct a subsequent collection at a later time. After eight hours of drinking one or more quarts of liquid, there should be no psychological excuse for a "shy bladder" situation. In this case, most Company Policy and Procedures call for specific proof of an actual medical condition to explain the cause. For oral fluid testing, drinking a glass of water and waiting five minutes, typically enables most individuals to be able to donate a sample
	13. What does testing "positive" mean? What does testing "negative" mean?
	A “POSITIVE” determination should only be made after a confirmatory test has been reviewed by a qualified MRO. Testing laboratories use "cutoff limits" to determine the levels at which they report drug concentrations. A "NEGATIVE" determination indicates that the initial specimen was found to have no drug present which is detectable by a screening test
	14. Who establishes the cutoff limits?
	If you fall under the jurisdiction of the DOT, it's the DOT. If not, then your employer sets the limits---you may want to reference your company policies.
	15. What is a "false" positive, and how can they occur?
	This is probably the most confusing issue regarding drug testing. Simply put, drug tests are very accurate. During a screening, if the test detects a drug, it is called a non-negative or "presumed" positive. If the drug detected is one you are taking through prescription at your doctor's orders, it is a negative, or negated positive. Some over-the-counter medications will preliminarily test non-negative (positive), but the confirmatory tests will rule out any non-illicit substances. What is generally called a "false" positive is simply a result which has not been confirmed.
	16. What qualifications are an MRO required to have?
	The MRO shall be a licensed physician with knowledge of substance abuse disorders. Certification programs and seminars are available to physicians who wish to obtain accreditation in this area. The requirements for a DOT certified MRO are clearly expressed in DOT 49 CFR Part 40 subset G.
	17. What should I do if someone I work with has a drug problem?
	If you manage or supervise employees you need to understand your personal liability for not requesting “reasonable suspicion” testing if your company’s policies allow for this type of testing. Contact Midlands Testing Services Inc. for more information on this topic. You may decide that you owe it to yourself, the people who work with you, and the person with the problem to seriously consider discussing it with your supervisor, shop steward or union representative. Whether or not you discuss it with the person who has the problem depends greatly on your relationship with that person, however, most of the time it is not advisable. A person with a serious problem, whether it's drugs or alcohol, usually needs professional help.
	18. What is an EAP? What function do they perform?
	An Employment Assistance Program, or EAP, is a confidential, job-based program that helps to: Identify an employee's problems Provide short-term counseling Provide a referral for treatment Provide follow-up services after treatment
	19. What factors affect the detection windows for both urine and oral fluid?
	Detection windows vary depending on the analytical method used, drug metabolism, tolerance, fluid intake, and method and frequency of ingestion. Other factors include the amount of drug used, and drug potency. . *** THC must metabolize then be excreted into the urine before presence can be detected. This can take some time depending on the person’s metabolic rate. Retention times for chronic smokers may be longer.
	20. What is adulteration?
	A change of any substance by the deliberate addition of a component not ordinarily part of that substance.
	21. Can a urine sample be adulterated?
	Yes. Urine adulteration is a serious issue. Everyday household products can be used to invalidate urine drug test. There are also many commercial products/additives being sold that claim to change or mask the urine samples. And, for example, the purchase of drug-free urine has become a common practice. An experienced collector will take pre-cautions to prevent adulteration to extent possible.
	22. Can an oral fluid sample be adulterated?
	There are no confirmed methods that adulterate oral fluid samples. There are only a few commercial products that claim to "fool" an oral fluid based drug test. These products only prevent saliva flow for a short period, and do not actually "change" test results. This simply delays the sample collection process, but does not adulterate the sample. Of course, donors may attempt to introduce something into the sample or collector, but this is highly unlikely as oral fluid collection is directly observed.
	23. Are gloves required for administering an oral fluid based drug screens and/or for urine collections for drug screens?
	Typically oral fluid is not designated as a hazardous substance. OSHA, for example does not consider oral fluid collections hazardous. Oral fluid is not subject to the same handling and disposal techniques as other bodily fluids. Oral fluid specimens and all materials coming in contact with them should be handled and disposed of as if infectious and capable of transmitting infection. Avoid contact with skin. Collectors should wear gloves at all times when handling urine specimens.