SAMHSA Recommendations for Employment and Pre-employment drug test
The most important actions a
Federal agency can take to prevent an employee/job applicant from attempting to
defeat a drug test are as follows:
(1) If possible, the agency
representative who notifies the employee/job applicant that he or she must
submit to a drug test accompanies the employee/job applicant to the collection
site. Maintaining direct personal contact with the employee/job applicant from
the time of notification until arriving at the collection site can prevent the
employee/job applicant from drinking excessive amounts of fluids prior to
providing a urine specimen or obtaining anything that could be used to
adulterate or substitute the specimen they provide.
(2) If direct personal contact with
an employee/job applicant cannot be maintained, give the employee/job applicant
less than 2 hours time to report to a collection site from the time the
employee/job applicant is notified that a drug test is required. Using a 2 hour
reporting time minimizes the opportunities an employee/job applicant has to use
one or more of the above techniques to defeat the drug test. Additionally, the
Federal agency should notify the collector that an employee/job applicant is
expected to arrive at the collection site before a specified time. Depending on
the reason for the drug test, other actions a Federal agency may take to prevent
employees from attempting to defeat a drug test are as follows:
o
For Random Drug Tests
(1) Vary the number of times each
month that random specimens may be collected (that is, employees should not be
able to predict when the Federal agency schedules its collections).
(2) Vary the day of the week that
random specimens may be collected (i.e., specimens should not always be
collected on a Monday).
(3) Use a random selection process
that does not preclude selecting and testing the same employee more than once
during a specific period of time (i.e., an employee selected for a random test
remains in the total population subject to testing each time the Federal agency
collects random specimens).
(4) After a Federal agency
establishes the total number of specimens to be collected each year, the Federal
agency should distribute the number of random specimens to be collected
over the entire year (if an employee knows that only a certain number of
specimens are tested each year and that the agency collects all of them on the
same day - an employee will know he or she is free and clear for the remainder
of the year).
o
For Pre-Employment (Applicant)
Drug Tests
Note: When conducting
applicant testing, Federal agencies must inform an individual who is applying
for a job that the application process includes a drug test. Generally,
individuals applying for a Federal position submit a completed application and
other required information. The completed applications are used by the Federal
agency to determine which applicants satisfy the requirements for the position.
The applications from the qualified applicants go through a review process that,
in conjunction with the interview process, eventually leads to offering a
position to one of the applicants. If the Federal agency requires that the job
offer is subject to the applicant passing a drug test, the tentative selectee is
directed to go to a collection site to provide a urine specimen. The
notification for the drug test may occur the day the tentative selectee is
offered the position or he or she may be directed to go to a collection site by
a certain day. In either case, the applicant knows that a drug test is required
before the job offer is made final. Knowing this process usually allows the
applicant to predict when he or she will be asked to provide a urine specimen.
Thus, an applicant can avoid being positive by simply refraining from using any
illicit drug for several days prior to the test, unless the applicant is, in
fact, dependent on a drug in which case he or she will not be able to stop using
an illicit drug.
Request the tentative selectee to
come to the agency’s employment office before telling the tentative selectee
that he or she is being offered the position and that a drug test is required.
o
For Reasonable Suspicion/Cause
Drug Tests
Collect the urine specimen as soon
as possible after the decision has been made that there is a reasonable
suspicion/cause to conduct a drug test on an employee.
o
For Post-Accident Drug Tests
Collect a urine specimen as soon as
possible after the accident from the employee who apparently caused the accident
and possibly from other employees involved in the accident.
o
For Return to Duty Drug Tests
(1) Authorizing the use of a direct
observed collection procedure to collect the urine specimen from the employee
(The Mandatory Guidelines permit a Federal agency to use a direct observed
collection procedure when an employee’s previous drug test was drug positive,
adulterated, or substituted).
(2) Schedule the return to duty
drug test to occur before the employee is reinstated.
(3) Randomly select the day that
the employee will be directed to provide a urine specimen.
o
For Follow-up Drug Tests
(1) Authorizes using a direct
observed collection procedure to collect a urine specimen from the employee (The
Mandatory Guidelines permit a Federal agency to use a direct observed collection
procedure when an employee’s previous drug test was drug positive, adulterated,
or substituted).
(2) Schedule the follow-up drug
tests to occur on a random basis.
(3) Do not tell the employee how
often he or she will be directed to provide a urine specimen.
(4) Do not tell the employee when
the requirement for follow-up testing will end.
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