The Department of Transportation has implemented laws requiring mandatory drug testing and alcohol testing of Aviation, Transit, Interstate Motor Carriers, Railroad, Pipeline, and Commercial Marine safety sensitive employees. These drug testing program rules generally state that large employers (50 or more) must comply by January 1, 1995 and small employers by January 1, 1996. Compliance with DOT's drug testing regulations is becoming more important to regulated companies due to DOT's recent funding to begin on-site drug testing compliance inspections of DOT regulated companies.

The U.S. Department of Transportation issued new rules in 2001 governing drug and alcohol testing for federally regulated transportation workers in safety sensitive positions. Portions of the new directives amend existing DOT rules and are currently in effect; the remainder revise the entire body of DOT testing regulations and become effective as of August 1, 2001.

The changes that became effective in January include more robust procedures to protect the integrity of the testing process. For example, the revised rules require that, in addition to confirmed positive drugs tests, specimens found by a laboratory to have been adulterated or substituted must be verified by a Medical Review Officer, and, in that event, employees must be afforded the opportunity of having a split specimen tested. In addition, DOT will institute a Public Interest Exclusion for drug and alcohol testing "service agents" who engage in "serious noncompliance" with the DOT regulations. Service agents subject to a PIE will be banned from participating in DOT-related drug testing for up to five years. Employers are prohibited from using a service agent who is subject to a PIE.

In addition to these changes, the revised rules now require split specimen urine collections and validity testing to assure that samples have not been adulterated or substituted. Other changes impact monitoring and testing procedures:

• Post-violation testing for employees who return to safety-sensitive positions will "follow" employees from one job to another and persist through a break in service;
  
  
• "Stand downs" - the practice of temporarily removing an employee from safety- sensitive duties upon learning of a confirmed positive drug test, but before the result has been verified by an MRO - are prohibited without a DOT waiver;
  
  
• Employers will have the option of requiring employees who receive negative results to retake the test; and,
  
  
• Employees who cannot produce a sample will be required to be examined by a physician who must find that a medical condition caused the inability, or the employee will be deemed to have refused a test.

The DOT also has incorporated an existing Federal Motor Carrier Safety Administration regulation into the revised rule that all DOT-regulated employers must, after obtaining an employee's written consent, request certain drug and alcohol testing information from the employee's previous DOT-regulated employers for the two years prior to the employee's hire or transfer into a safety-sensitive position.

In light of these changes employers subject to a DOT operating authority should review their substance abuse and alcohol testing policies, as well as their relationships to service providers, to make sure they are in compliance with the DOT rules. The rules are available on the DOT website, or on the Federal Register's website: http://www.access.gpo.gov/su_docs/aces/aces140.html.

The NESS Center can help you comply with all DOT regulations governing drug and alcohol testing by:

• Managing and maintaining your random selections for testing
• Producing all substance abuse reports needed for DOT audits
• Furnishes MRO services with all substance abuse tests
• Having someone on call 24 hours for those after hours questions and collections
• Providing post-accident testing within the required time window
• Following the chain of custody requirements specified by DOT
• Utilizing split sample testing with every specimen we collect
• Using only DOT certified laboratories
• Providing training to all supervisors as required by DOT
• Producing statistical reports anytime on demand.

Overview

According to the federal government, 71 percent of all illegal drug users are employed, an increase of 5 percent since 1992. As a result, substance abuse is taking a tremendous toll on employers' ability to stay in business. This trend is particularly apparent among smaller companies that, for a variety of reasons, have been slow to address the problem.

How exactly do substance abusing employees cost their employers? Consider the following: employees who abuse drugs are less likely to show up to work on time or put in a productive day's work. Conversely, they are more likely to be absent from work without a legitimate reason, use their health care benefits, and file workers' compensation claims.

According to the National Council on Compensation Insurance, as many as 50 percent of all workers' compensation claims are related to the abuse of alcohol or drugs in the workplace. Drug users, as a group, use medical benefits at a rate 8 times higher than non-users. Substance abusing employees also are absent from work more often than their non-substance abusing co-workers, often resulting in increased workloads for co-workers and decreased employee morale.

Though the total cost of substance abuse in the workplace is difficult to assess, Marsh & McLennan Companies estimates the national figure to be $75 billion per year or about $640 per employee, whether user or non-user.

The Signs

Unfortunately, once employers begin to see the dollars leaking out of their bottom line, it is often late in the development of a serious substance abuse problem. Can this be avoided? Can employers look for signs of possible substance abuse? Are there hidden signs that might warn employers that a problem is developing?

The answer to all three of these questions is yes. In most cases, many of the long-term problems associated with workplace substance abuse can be avoided if employers are constantly on the look-out for the hidden signs of substance abuse and take appropriate action. However, it is also important to recognize that an employee's declining job performance may be caused by factors unrelated to substance abuse.

Supervisors should be trained to measure each worker's job performance and to refer employees with performance problems to the appropriate qualified professional to determine the nature of the problem.

Performance

There are many ways to measure workers' performance. These indicators can also help employers spot potential substance abuse problems early on. Is a certain employee's quality of work inconsistent? Is the employee's work pace slow, slower than usual, or sporadic? Does the employee have trouble concentrating on his work? Are there signs of fatigue?

Other telling performance signs include increased mistakes, errors in judgment, and a sudden inability to fulfill complex assignments or meet deadlines.

Increased absenteeism or tardiness, both of which have a direct impact on the performance of the troubled employee and the co-workers who have to carry the extra workload, also could indicate that a substance abuse problem exists.

• Other performance-related signs of substance abuse may include:
• Excessive sick leave
• Frequent early departures
• Patterns of absenteeism (Mondays, Fridays, before or after holidays, and following paydays)
• Extended coffee breaks
• Excessive time on the phone

Behavior and Appearance

Workers who display sudden changes in behavior on the job may be trying to hide a substance abuse problem. For example, irritability, moodiness, arguing with co-workers, or insubordination toward supervisors are not uncommon among substance abusers.

For substance abusing employees, personal appearance may lose its usual importance. Troubled workers will often show up to work looking sloppy, unkempt, unshaven, or dressed inappropriately (i.e., long sleeved shirts in the summer, sunglasses indoors, etc.).

Also, employers may begin receiving complaints from customers, clients, and co-workers regarding the attitudes and work quality of substance abusing employees.

Other behavior-related signs of substance abuse may include:

• Sleepiness
• Slurred speech
• Unsteady movements and shaky hands
• Cold, sweaty palms
• Dilated pupils
• Red eyes
• Unusual weight loss or gain
• Smell of alcohol on breath
• Deteriorating family relationships
• Borrowing money from co-workers
• Stealing from the company and co-workers
• Sudden change in choice of friends
• Poor personal hygiene
• Violent behavior
• Impatience
• Depression
• Suspicious attitude toward others
• Emotional behavior
• Excessive talkativeness

Safety Hazards

Substance abusing employees are not safe employees. Depending on the type of work employees do, substance abuse problems can begin manifesting themselves in employee safety records. Substance abusing employees will be involved in more accidents than other workers, even though they are often not the ones who are injured. They also tend to display carelessness in the operation and maintenance of potentially hazardous materials or dangerous equipment.

• Other safety-related signs of substance abuse may include:
• Risky behavior
• Increased involvement in off-the-job accidents
• Damaging equipment or property

Conclusion

The most important thing employers can do to help control the cost of substance abuse is to establish and enforce a policy that prohibits employees from using illegal drugs and abusing legal drugs or alcohol. Employers should train supervisors to monitor workers' job performance and to report any irregularities. However, supervisors should not be expected to diagnose possible medical conditions, such as substance abuse. Employers should also offer employees ongoing substance abuse education opportunities so that everyone in the workplace can be on the look-out for the hidden signs of substance abuse.