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In recent years, the United States has become much more lenient in its drug use policies, specifically through the legalization of more substances than ever before. Namely, the legalization of marijuana has been a driving force in this movement. Around the country, each state uses different substances at varying levels, with opiates, alcohol, and cocaine at the top of the list. In order to keep up with the ever-changing landscape of drug use in America, drug testing laws must also be changed to adapt. Much like drug laws vary on a state-by-state basis, employee drug testing also varies per state. Additionally, different types of employees fall under different jurisdictions depending on their federal status. For example, federal employees are covered by the Drug-Free Workplace Act and private employees have coverage determined by the state in which they work.
Last year, over 500 new bills related to drug testing were introduced in an attempt to make changes surrounding employee drug testing laws in the United States. Currently, drug testing is only considered legal in 5 states: Tennessee, North Dakota, Montana, South Carolina, and Ohio. In the majority of the states, the practice is either legal but with caveats, or there are no regulations or laws on the matter in place. In order to keep up with the importance of drug testing, it is necessary to discuss the legalization of marijuana and how the substance kick-started a new era of drug use in the United States.
What began in 2012 with only two states, Colorado and Washington, has now blossomed into 22 states in total and DC legalizing the recreational use of marijuana. An even larger majority of the states have legalized the substance for medical use, with 38 states and DC now allowing this practice. Although this legislation liberated many users and has made many potential beneficial changes to our society, it is important to consider the risks involved with being impaired at work due to drug use. Over the past 5 years, positive marijuana tests have increased by 45.2%. Experts warn that this could have serious implications for those who work in labor-intensive or safety-sensitive industries. In fact, recreational marijuana laws have already been associated with a 10% increase in workplace injuries for young professionals.
There are several reasons why a drug test may be administered in the workplace. Reasonable suspicion is currently the type of test yielding the highest positivity rate at nearly 40%. However, other test types like post-accident, follow-up, return to duty, pre-employment, and random tests are yielding a 5-10% positivity rate. These numbers lend explanation as to why, between 2022 and 2023, there was a 6x increase in tampered drug test samples. In order to crack down on this tampering and discourage foul play, many states are implementing anti-cheating policies.
Some of the ten states that have already put anti-cheating measures into place are Texas, Pennsylvania, Wyoming, and New Jersey. Oregon has also committed to these policies, which is significant due to its high ranking positive drug test rate of nearly 7% statewide. There are several methods that companies are taking to make sure that their test samples remain pure and accurate under these new policies. Anti-cheating technology for drug testing may include detailed check-in times for the testee, adulterant tests, dilution detection, and more. With this advanced testing technology, it will be much harder for anyone to impact the results of the tests, making it easier for leaders to keep their vulnerable workers safe and sober while on the job.
Not only are state leaders cracking down on cheating, but also, fields that are the most susceptible to drug use and impaired workers are beginning to test their workforce. This regular practice will encourage others to follow suit and will play a significant role in fostering sober workplaces. Energy utilities and transportation, and warehousing are leading the charge in terms of testing, followed closely by manufacturing, wholesale trade, and construction. Given how dangerous jobs in these fields can be, it is in the best interest of all involved to keep themselves and others out of harm’s way. Actively lowering the risk of a drug-related accident is on everyone, especially as drug use tolerance only continues to become more lenient in the United States.
Source: USDrugTestCenters.com
