The following excerpt is from an article that appeared in the October 2003 issue of Columbus C.E.O. written by Lisa Hooker entitled "Employer's Right of Privacy Invasion?"

Marty Herf, president and CEO of Drug-Free Solutions, talks to employees of Taylor Auto Dealers in Athens about a new drug-testing program being implemented at the business.

Nearly 75 percent of illegal drug users are employed, according to the U.S. Department of Health and Human Services. They’re sitting next to you at the office. They’re serving food at your favorite restaurant. They’re making cars on automobile plants’ assembly lines. They’re working on electricity lines when the power’s out.

The U.S. Department of Labor says about 16 percent of every American company’s workforce is impaired by drugs or alcohol. And the Ohio Bureau of Workers’ Compensation (OBWC) says employees who use drugs and alcohol are three to four times more likely to have an accident on the job.

So how many of your employees are using illegal drugs before, during or after their shift?

How many are feeling the effects of alcohol and clocking in anyway? If it’s any at all – which it likely is – it’s costing you money.

The OBWC reports workers who use drugs and alcohol are absent at least three weeks a year and are tardy three times more often than nonusers. They’re also 33 percent to 50 percent less productive and five times more likely to file a workers’ comp claim. The U.S. Small business Administration says each user costs his or her employer at least $7,000 a year, while the National Drug-Free Workplace Alliance says the cost to American businesses because of impaired employees totaled $162 billion in 2000.

No wonder drug-free workplace programs (DFWPs) are hot these days. Using drug testing as a cornerstone, DFWPs look to create safer work environments for all employees, while producing more consistent products for consumers. And if employers save money in the meantime, so much the better.

A DFWP is more than just drug testing, or course. It also includes a written policy, employee education, supervisor training and access to assistance. Program components are intended to provide a safe job site, discourage alcohol and drug use and encourage treatment, recovery and a return to work. …

Starting a DFWP
Joan Berry Kalamas, president of Strategic Solutions, a human resources consulting firm in Columbus, says businesses generally implement a DFWP because, “It may be required by law [or] the employer wants to improve safety.” In some cases, the employers “believe it’s just the right thing to do.”
Whatever the reason, businesses in the Buckeye State are enrolling in the OBWC’s voluntary DFWP in droves. Its roster totals 4,680 businesses, with 4,000 participants signing up between September 2002 and June 2003. Almost 550 companies in Franklin County alone participate.

“It’s a real positive step,” say Jim Samuel, OBWC director of corporate affairs. The bureau attributes the wave of new enrollees to outreach efforts and a gubernatorial executive order requiring state contractors to implement such a program. A workers’ comp premium discount likely doesn’t hurt either.

”Depending on how an employer institutes the five elements, they receive a discount on their workers’ compensation premiums up to 20 percent,” Samuel says. Employers can add the DFWP discount to their group-rating discount for premium savings up to 95 percent. Small businesses (25 or few employees) can use the streamlined Drug-Free EZ Program to qualify for the discount.

If you don’t know the first thing about setting up a DFWP, there’s help with that, too.

“ Most of my clients have nothing in place. They say, ‘I’ve got company to run, I don’t know how to do all this stuff,’” say Marty Herf, president and CEO of Drug-Free Solutions in Columbus. The recently retired OBWC chief risk officer was the principal architect of Ohio’s DFWP, and all his clients implement the OBWC’s program.

“It starts with a policy for their needs. Sometimes they ask me to review their existing policy, and often it’s illegal. The federal government and the state have objective guidelines and standards that can’t be messed with,” Herf says.

Herf says his program brings employees together for an explanation of a company’s drug-testing policy and DFWP. He also uses the opportunity to increase awareness of the impact of workplace drug use. Herf says he often encounters a dismissive “I’m-not-using-so-it-doesn’t-affect-me” attitude.
“Still think it doesn’t affect you?” he asks. “If I said you have a 40 percent chance of winning Mega Millions, you’d probably go out and buy a ticket. Those are pretty good odds. What if I said you have the same odds of being involved in a fatal workplace accident because a co-worker was using drugs or alcohol?”

Supervisory training by Herf teaches managers to identify problems early. “A drug-free workplace is not about getting rid of problem employees. If they’ve broken work rules, you should’ve gotten rid of them before now. You don’t do it through drug policies. Instead, you’re looking for symptoms and signs that something is wrong,” he says.

… After the classroom sessions, Herf steps aside. He doesn’t administer any actual drug tests. There are other businesses out there to help with that.

Specimen, Please
“Our drug specimen collectors are trained and certified to meet Department of Transportation and workers’ comp regulations,” say Secure Check President Tricia Smith. “We assure the validity of the specimen and protect its integrity, and [we] use only certified labs. The chain of custody is critical.”
Drug tests are commonly used for pre-employment screening, after job-site accident or injury, if the employer has reasonable suspicion of substance use, follow-up after treatment and, in some cases, randomly. The standard five-panel urine test – which screens for marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP) – is the most common drug test used. Hair testing also uses the five-panel screen, but Smith says it’s more expensive and not as popular. …

If an employee tests positive, Herf says, “The very least an employer must do [under a DFWP] is provide a shopping list of employee assistance programs (EAPs). If the company has an EAP, a referral is made. Other companies include chemical dependency treatment in their health-care package.”…