TOXICOLOGY
Increasingly, employers are looking to drug testing at work as a tool to reduce the risk of incidents in the workplace. The effects of drug use in work scenarios can pose a risk to employees and the public.
While an employer will be keen to reduce any instance of misuse in their workplace, some employees have voiced concerns about the introduction of drug testing in their organisation. It can be of particular concern when there are stories of individuals wrongfully terminated following drug tests.
Some employees’ concerns relate to the legitimate use of medication causing them to fail a drug test. Addressing these fears is an important part of the consultation and awareness-raising process. It should happen ahead of the introduction of a drug and alcohol policy and associated testing programme in any workplace.
As well as the associated testing, a responsible drug testing service provider should help employers allay any fears that their employees may have around the implementation of a drug and alcohol policy and testing programme. This could be offered as training and awareness sessions to employees and managers in the lead up to the introduction of testing.
Drug testing processes are designed to ensure that legitimate use of medication is identified as such and does not result in a failed drug test. The medical review process is critical to ensuring that legitimate use of medication is identified. This is part of the workplace drug testing process.
A medical review is carried out after completion of the laboratory analysis. The laboratory toxicologist will conduct an initial review of the result and show if it is consistent with any declared medication. However, the toxicologist is not a qualified physician, and so cannot discuss the result with the employee. For this type of discussion, a physician is required.
Qualified physicians known as Medical Review Officers (MROs) can discuss the use of medication with the employee and can check for any prescribed medication with their general practitioner. If the MRO is satisfied that there is a legitimate reason for the positive finding, they will report the result as “pass” or “negative, consistent with declared medication or other legitimate source.”
This important feature of the drug testing process safeguards the employee from being penalised when a legitimate source causes a drug test failure. The MRO is medically qualified and understands issues related to drug use and abuse as well as sample collection and laboratory processes associated with drug abuse testing.
Some organisations have their own occupational health physicians who act as MROs for their drug and alcohol testing programme. Other organisations, that lack their own occupational health physicians, use an independent MRO to support their drug testing programme. An independent MRO may also be used by employers who wish to keep the MRO process separate from their own organisation. Where this service is used, the result of the drug test is not normally reported to the employer until the independent MRO has completed their review. This ensures the employee does not come under any undue suspicion while the medical review is being conducted.
A properly implemented drug testing programme informs employees at each step of the process, helping to alleviate any fears they might have. It can also protect them from wrongful termination by conducting a thorough medical review.
The goal of every workplace drug and alcohol policy and testing programme is to ensure the safety of an organisation’s employees and customers, and the testing and review process is integral to that objective.
This content is intended for general informational purposes only. None of the information provided should be considered legal advice. We encourage you to consult with legal counsel regarding your specific needs.
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