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Tammy Cohen, PHR, SHRM-CP
August 1 2016
Our recent 2016 Drug Testing Essentials Webinar yielded several great questions from our attendees. Thank you all for your interest in additional information!

We’ve collected the questions and answers to distribute to anyone who wants to revisit the discussion. If you have any additional questions about drug testing in pre-employment screening, please feel free to ask us!   We are happy to provide best practices based on our 26+ years’ experience.

 

Q: Can you review the online scheduling and electronic custody process again?

Erica Clausen-Lee: If you’re a WebASAP user, your drug test scheduling is integrated with our WebASAP submission process, and you can either schedule a drug test on behalf of your candidate, or you can send them an email and they can self-schedule.

You or your candidate will be taken to the eScreen platform, which will automatically populate the applicant’s data and your company’s testing preferences, and you will select a collection site based on your candidate’s current address, remote job location, or other location.

Once you confirm the site and event, the ePassport is presented, and you can send it to the candidate via email, text, or a print out.

 

Q: What discussions are taking place at the federal level to reclassify marijuana on a different drug schedule?

Erica: This depends largely on who you ask. Organizations such as NORML are pushing for reclassification as the first step towards decriminalization at a federal level. How far the reclassification discussion will go will probably depend on what happens in November.

In general, as employers and healthcare agencies start to focus on the increased workplace and healthcare costs associated with use and abuse of lower schedule drugs, such as opioid-based prescriptions, a discussion of drug classification will take place on a broader, even global scale.

 

Q: I’ve been reading a lot that OSHA is considering automatic post-accident drug & alcohol testing as possibly a retaliation issue.  Any feedback on this topic?

Tim Gordon: Legal advisors suggest that employers review their post-accident drug and alcohol testing policies to ensure that they don’t deter employee injury reporting, as well as consult legal counsel to ensure compliance with all applicable state and federal laws.

 

Q: What are/if any legal considerations for Drug Testing in Kansas?

Tim: In Kansas, the private sector is not regulated in regards to workplace drug testing; however, private employers are still subject to state and federal laws protecting against employee discrimination, privacy invasions, defamation, and more. Therefore, employers that conduct workplace drug and alcohol testing should consult their legal counsel to ensure company policies and procedures comply with all applicable laws.

 

Q: If a potential new hire refuses to be drug tested, is that grounds for withdrawing his application for employment?

Tim: If an applicant doesn’t fill out an application for employment and that’s the standard that you have set to hire someone, I think that that certainly would qualify as a reason to withdraw an offer of employment. For drug testing specifically, I recommend you talk to an attorney about the regulations that may impact your company.

 

Q: Are there any statistics available that support minimal drug use in the workplace by implementing random drug testing?

Erica: There is data on the books that suggests that random drug testing is a deterrent to drug use in the workplace. When it comes to random policies and post-hire policies, unless they’re regulated, those are typically very much business decisions. Statistics can be found with the DOL, OSHA, or SHRM.

 

Q: Are there stats on the % of applicants who fail a drug test for employers who advertise that they do pre-employment drug tests?

Erica: Those statistics would need to be provided by the employers themselves; however, as you can see from our 2015 data, employers that do drug test through InfoMart average a 2% positivity rate, a 2% negative dilute rate, and a 5% no-show rate. You can find industry-specific information on trends in worker drug use within SAMHSA research.

 

Q: Does that deter drug users from applying?

Erica: If you are a company that has a well-documented comprehensive pre- and post-employment drug testing policy, I can guarantee you that the drug-using community knows that and they may shy away from actually applying to your organization.

About Tammy Cohen

Tammy Cohen, an industry pioneer and expert in identity and employment screening, founded InfoMart over 28 years ago. Deemed the “Queen of Screen,” she’s been a force behind industry-leading innovations. She was most recently the first-to-market with a fully compliant sanctions search, as well as a suite of identity services that modernizes talent onboarding. Tammy revolutionized the screening industry when she stepped into the field, developing the first client-facing application and a due diligence criminal search that has since become standard for all background screening companies. Cohen has received national awards and honors for her business and civic involvement, including Atlanta Business Chronicle’s Top 25 Women-Owned Firms in Atlanta, Enterprising Women Magazine’s Enterprising Women of the Year award, the YWCA of Northwest Georgia’s Kathryn Woods Racial Justice Award, and a commendation in the 152nd Congressional Record. To learn more about Tammy, visit www.tammycohen.com.

About InfoMart

InfoMart has been revolutionizing the global background and identity screening industry for over 28 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the National Association of Professional Background Screeners, and they have achieved NAPBS accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 40 industry awards. To Get the Whole Story on InfoMart, please visit www.infomart-usa.com, follow @InfoMartUSA, or call (770) 984-2727.

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