FAQ
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WORKPLACE SAFETY SCREENINGS: YOUR TESTING EXPERTS
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EXPOSED: Anyone who has been exposed by COVID-19 or suspects being exposed, are then mandated by the CDC to self-quarantine for two weeks; longer if they live with the person who has been exposed. Then it would be two weeks after the person has recovered, again mandated by the CDC.
ILLNESS: Prior to returning to work after an illness that includes COVID-19 Symptoms – especially fever – should have a return to duty release. At least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms (e.g., cough, shortness of breath); and, at least 7 days have passed since symptoms first appeared.
Persons who have COVID-19 who have symptoms and were directed to care for themselves at home may discontinue home isolation under the following conditions:
Resolution of fever without the use of fever-reducing medications and Improvement in respiratory symptoms (e.g., cough, shortness of breath) and Negative results of an FDA Emergency Use Authorized molecular assay for COVID-19 from at least two consecutive nasopharyngeal swab specimens collected ≥24 hours apart** (total of two negative specimens).
Individuals with laboratory-confirmed COVID-19 who have not had any symptoms may discontinue home isolation when at least 7 days have passed since the date of their first positive COVID-19 diagnostic test and have had no subsequent illness.
WSS can do a return to duty check AFTER a person has recovered from an illness only if the worker did not test positive and has been without fever for 72+ hours without medication.
- Department of Transportation (DOT) physical exams and certification for all commercial driver’s license (CDL) holders.
- Breath alcohol testing (BAT) and urine drug screening (UDS) collections for controlled substance testing, which is still required under FMCSA regulations for the following situations:
- Pre-employment testing
- Post-accident testing
- Reasonable suspicion
- Return-to-duty
- Follow-up testing
- Failure to remain at the testing site until the testing process is complete.
- Failure to appear for any test after being directed to do so by your employer.
- Failure to provide a urine or breath sample for any test required by federal regulations.
- Failure to permit the observation or monitoring of you providing a urine sample (Please note: Tests conducted under direct observation or monitoring occur in limited situations. The majority of specimens are provided in private).
- Failure to provide a sufficient urine or breath sample when directed, and it has been determined, through a required medical evaluation, that there was not an adequate medical explanation for the failure.
- Failure to take a second test when directed to do so.
- Failure to cooperate with any part of the testing process.
- Failure to undergo a medical evaluation as part of “shy bladder” or “shy lung” procedures.
- Failure to sign Step #2 of the CCF (Chain of Custody Form).
- Providing a specimen that is verified as adulterated or substituted.
- DOT drug tests are conducted with urine specimens only.
- DOT alcohol screening tests are conducted using either breath or saliva.
- DOT alcohol confirmation tests must be conducted using Evidential Breath Testing Devices (EBTs) that only analyze breath.
- Pre-employment
- Reasonable suspicion/cause
- Random
- Return-to-duty
- Follow-up
- Post-accident
When a drug test is positive, meaning a drug of abuse was detected, the result goes to our Medical Review Officer (MRO). The MRO is a doctor with special training. Part of the MRO’s job is to validate any positive drug tests.
Generally this means contacting the donor to ask for explanation. If the donor can provide a valid prescription (which the MRO verifies with the pharmacy) or other reason a drug test result may be positive, then the MRO may report a negative result.
If the MRO is not able to contact the donor within a specific amount of time, then the result is reported as a Non-Contact Positive. The only reason for a WSS Non-Contact Positive is that the donor does not answer the phone or call back. We will work with you, the employer, to ensure that every attempt to contact the donor is made, so there’s no issues such as illegible forms or invalid phone numbers creating Non-Contact Positive results.
What we see most often is that the donor knows she failed the test and avoids the call.
Other drug testing companies may report a non-contact positive for issues with the form. Some possible reasons the MRO may not be able to contact the donor include poor legibility on the Custody and Control Form. That is, if a paper CCF was used for collection and the MRO cannot accurately read the donor’s phone number, then the donor cannot be contacted.
In any case, a result must be reported, and if no donor contact is made, then it’s reported as a Non-Contact Positive.
5-Panel Drug Test: 1AMP-Amphetamines, 2MET-Methamphetamine, 3OPI-Opiates, 4PCP-Phencyclidine, 5THC-Marijuana
10-Panel Drug Test: 1AMP-Amphetamines, 2BAR-Barbiturates, 3BZO-Benzodiazepines, 4COC-Cocaine, 5MDMA-Ecstasy, 6MET-Methamphetamine, 7MTD-Methadone, 8OPI-Opiates, 9PCP-Phencyclidine, 10THC-Marijuana
- Marijuana metabolites /THC
- Cocaine metabolites
- Amphetamines (including methamphetamine)
- Opiates (including codeine, heroin, morphine)
- Phencyclidine (PCP)
Do I need to provide employees with any information prior to performing safety-sensitive operations?
- Alcohol: 3–5 days in urine, and approximately 10–12 hours in the bloodstream
- Amphetamines: 1–3 days in urine, up to 90 days in hair, and approximately 12 hours in the bloodstream
- Barbiturates: 2–4 days in urine, up to 90 days in hair, and 1–2 days in the bloodstream
- Benzodiazepines: 3–6 weeks in urine, up to 90 days in hair, and 2–3 days in the bloodstream
- Marijuana: 7–30 days in urine or longer depending on length and consistency of usage, up to 90 days in hair, and two weeks in the bloodstream
- Cocaine: 3–4 days in urine, up to 90 days in hair, and 1–2 days in the bloodstream
- Codeine: One day in urine, up to 90 days in hair, and 12 hours in the bloodstream
- Heroin: 3–4 days in urine, up to 90 days in hair, and up to 12 hours in the bloodstream
- LSD: 1–3 days in urine, up to three days in hair, and 2–3 hours in the bloodstream
- MDMA (Ecstasy): 3–4 days in urine, up to 90 days in hair, and 1–2 days in the bloodstream
- Methamphetamine (Crystal Meth): 3–6 days in urine, up to 90 days in hair, and 24–72 hours in the bloodstream
- Methadone: 3–4 days in urine, up to 90 days in hair, and 24–36 hours in the bloodstream
- Morphine: 2–3 days in urine, up to 90 days in hair, and 6–8 hours in the bloodstream
- Failure to remain at the testing site until the testing process is complete.
- Failure to appear for any test after being directed to do so by your employer.
- Failure to provide a urine or breath sample for any test required by federal regulations.
- Failure to permit the observation or monitoring of you providing a urine sample (Please note: Tests conducted under direct observation or monitoring occur in limited situations. The majority of specimens are provided in private).
- Failure to provide a sufficient urine or breath sample when directed, and it has been determined, through a required medical evaluation, that there was not an adequate medical explanation for the failure.
- Failure to take a second test when directed to do so.
- Failure to cooperate with any part of the testing process.
- Failure to undergo a medical evaluation as part of “shy bladder” or “shy lung” procedures.
- Failure to sign Step #2 of the CCF (Chain of Custody Form).
- Providing a specimen that is verified as adulterated or substituted.
- DOT drug tests are conducted with urine specimens only.
- DOT alcohol screening tests are conducted using either breath or saliva.
- DOT alcohol confirmation tests must be conducted using Evidential Breath Testing Devices (EBTs) that only analyze breath.
- Pre-employment
- Reasonable suspicion/cause
- Random
- Return-to-duty
- Follow-up
- Post-accident
When a drug test is positive, meaning a drug of abuse was detected, the result goes to our Medical Review Officer (MRO). The MRO is a doctor with special training. Part of the MRO’s job is to validate any positive drug tests.
Generally, this means contacting the donor to ask for explanation. If the donor can provide a valid prescription (which the MRO verifies with the pharmacy) or other reason a drug test result may be positive, then the MRO may report a negative result.
If the MRO is not able to contact the donor within a specific amount of time, then the result is reported as a Non-Contact Positive. The only reason for a WSS Non-Contact Positive is that the donor does not answer the phone or call back. We will work with you, the employer, to ensure that every attempt to contact the donor is made, so there’s no issues such as illegible forms or invalid phone numbers creating Non-Contact Positive results.
What we see most often is that the donor knows she failed the test and avoids the call.
Other drug testing companies may report a non-contact positive for issues with the form. Some possible reasons the MRO may not be able to contact the donor include poor legibility on the Custody and Control Form. That is, if a paper CCF was used for collection and the MRO cannot accurately read the donor’s phone number, then the donor cannot be contacted.
In any case, a result must be reported, and if no donor contact is made, then it’s reported as a Non-Contact Positive.
In Texas, there is almost no limitation on the right of private employers to adopt drug and alcohol testing policies for their workers. However, there is specific documentation needed for a successful TWC unemployment claim (see below for more specific information). Government employers do not have them same freedom, due mainly to court decisions holding that testing employees without showing some kind of compelling justification violates government employees’ rights to be safe from unreasonable searches and seizures.
Drug testing, for example, may be mandated for some types of employees, as is the case with workers subject to U.S. Department of Transportation mandatory testing guidelines. Some federal contracts and grants require employers to adopt drug-free workplace policies and possibly even to provide for drug-testing of employees. Other employers may be under no legal obligation to do testing, but feel it is needed due to reports that some employees may be unsafe due to being under the influence of drugs or alcohol. Regardless of the reason for testing, it is essential to carefully draft the policy and consider the various legal issues.
- a policy prohibiting a positive drug test result, receipt of which has been acknowledged by the claimant;
- evidence to establish that the claimant has consented to drug testing under the policy;
- documentation to establish that the chain of custody of the claimant’s sample was maintained;
- documentation from a drug testing laboratory to establish than an initial test was confirmed by the Gas Chromatography/Mass Spectrometry method; and
- documentation of the test expressed in terms of a positive result above a stated test threshold.
Evidence of these five elements is what TWC states is needed to overcome a claimant’s sworn denial of drug use. That is why it is so important to have each employee sign a consent form allowing complete disclosure of all test documentation by both the testing lab and the employer for the purpose of responding to claims and lawsuits.
- What will be considered a violation? (necessary)
- Which employees will be covered? (necessary)
- What disciplinary measures will result from violations? (necessary)
- Will the company allow rehabilitation? (optional – not required by any Texas or federal law)
For an example of such a policy, see the drug testing policy section of “The A to Z of Personnel Policies”.
Like any policy, a drug and alcohol policy should be given in writing to all employees. Employees should sign a written acknowledgment that they have received a copy of the policy. Employers usually make signing such a policy a condition of being hired. While it is common for such a policy to be part of an overall policy manual, it is probably best to have each employee sign a separate form consenting specifically to the search and testing policy. Call today to learn more about our Texas alcohol and drug testing services.
However, this may all change if HR 3884 – Marijuana Opportunity Reinvestment and Expungement Act of 2019 is passed. After the passage of this bill, should states be authorized by law to deem marijuana as lawful, or if any of the drugs in the Federal testing panel become rescheduled below Schedule II, the direct result is that HHS and DOT WILL NOT BE ALLOWED to test for that substance.
At this time, marijuana is not legal in Texas, nor has this bill been passed. Therefore, employers are still required to test all DOT employees for marijuana and permitted to test any employee for marijuana.