Drug testing in the workplace - Environmental Science & Research

Drug testing in the workplace
www.esr.cri.nz

An employee who turns up at work with drugs
or alcohol in their system poses a very real risk
to their own safety and to the safety of other
employees and customers.

Introduction
Could safety be compromised in your workplace through drug or
alcohol use?
Drugs and alcohol create an identified safety risk at work. An
employee who turns up at work with drugs or alcohol in their
system poses a very real risk to their own safety and to the safety of
other employees and customers.
Drug and alcohol testing programmes give employers the ability to
manage employees and issues that pose a safety risk.
As a leader in the field of workplace drug testing, ESR can call
upon a wealth of expertise to assist you in developing a programme
that works for you.
There are various testing options available including preemployment,
post incident, reasonable cause or random
testing. ESR provides a full laboratory based drug screening and
confirmation service in an accredited laboratory.
This booklet gives an overview of ESR workplace drug testing and
includes responses to some frequently asked questions about drug
testing programmes.
For further information, please contact the
Workplace Drug Testing Helpdesk
on (04) 914 0731
ESR – Drug testing in the workplace | 3

4 | ESR – Drug testing in the workplace WDT HELPDESK 04-914 0731

What is workplace drug testing?
It is testing for drugs or their metabolites that could cause the
impairment of an employee.
The drugs that can be tested for are those that impair performance,
including alcohol and legal and illegal drugs.
Drug and alcohol testing in the workplace is becoming increasingly
common in industries where drug or alcohol use could affect an
employee’s ability to carry out their duties safely.
Why test for drugs at work?
In a word – safety. The safety of your employees and members of the
public with whom they might come into contact.
By law, employers are entrusted with the responsibility for ensuring
that their workplaces are safe. This includes identifying all possible
hazards and taking action to minimise their effects. Drug and alcohol
use is identified as a workplace hazard.
Many employers see the associated benefits of a drug testing
programme in reduced absenteeism, reduced staff turnover and
increased productivity.
Which drugs are tested for?
Drug testing is usually carried out to detect drugs that may cause
impairment. Examples of these are:
• Cannabis and hashish
• Opiates (such as heroin and morphine)
• Cocaine
• Amphetamines (such as Ecstasy, Speed, “P”
[aka methamphetamine] and BZP)
• Benzodiazepines (tranquillisers and sedatives).
intelligence alert
WDT HELPDESK 04-914 0731 ESR – Drug testing in the workplace | 5
APril 2010

What are
safetysensitive
positions?
Safety-sensitive
positions are those
that involve the
health, safety
and sometimes
the lives of the
employees, their
fellow workers and
members of the
general public.
Examples
are where an
employee handles
dangerous goods
or equipment
eg forestry,
construction and
meat workers.
Safety-sensitive
positions are
also found in the
transportation,
aviation,
adventure tourism
and shipping
industries.
Who is tested?
Workplace drug testing can be carried out at several levels.
An employer can choose to test job applicants, existing employees
or both.
In the case of job applicants, the testing programme can cover all
applicants or those applicants seeking to work in safety-sensitive
positions.
Similarly, in the case of existing employees, all workers could be asked
to take part in a programme or the employer can decide to test only
those who occupy, or wish to transfer to, safety-sensitive positions.
When is testing done?
A drug testing programme can be developed for an employer to
incorporate some or all of the following testing options:
Pre-employment testing: Potential employees are screened
before their appointment. Screening prior to employment helps an
employer to identify drug use behaviour that could be an issue.
Post-incident testing: Employees involved in any significant
accident or incident are tested immediately to identify whether drugs
or alcohol could have been a factor.
Reasonable cause testing: Employees are tested where there is
a reasonable cause for suspecting drug or alcohol use.
Random or periodic testing: All employees or an identified
group of employees (eg those in safety-sensitive positions) are tested
on a random, unannounced basis. Random testing can mean either:
• The random selection of employees to be tested or
• All employees within a group being tested at random
times within a certain period.
ESR can manage random testing options on behalf of the employer
through a computer-generated selection process.
6 | ESR – Drug testing in the workplace WDT HELPDESK 04-914 0731

Post-treatment testing: Individual employees are tested as
part of a rehabilitation programme. On return to work, employees
are generally randomly tested during a 12- to 24-month period to
detect relapses. The decision as to when employees are tested must
have regard to privacy and human rights considerations.
Is workplace drug testing legal?
Yes, workplace drug testing is legal and is a recognised tool in helping
employers to meet their responsibilities under the Health and Safety
in Employment Act 1992. A number of laws must be taken into
account, including the:
• Privacy Act 1993
• New Zealand Bill of Rights Act 1990
• Human Rights Act 1993.
ESR’s workplace drug testing programme is robust and has stood
up to legal challenge, as seen in the landmark Employment Court
decision in the case of several unions vs Air New Zealand 2004. In
this decision, the Employment Court upheld Air New Zealand’s right
to implement a drug testing programme for staff in safety-sensitive
positions. The Court upheld ESR as a “Gold Standard” service
provider and endorsed ESR’s methodology and analysis.
More recently, the Employment Court upheld another challenge to
workplace drug testing in the case of Maritime Union New Zealand
vs TLNZ in December 2007. In this case the court further endorsed
the findings of the Air New Zealand case and ruled that it was legal
for TLNZ to implement a drug testing policy.
WDT HELPDESK 04-914 0731 ESR – Drug testing in the workplace | 7

What samples are required for drug testing?
ESR can provide the following testing options:
• Urine
• Oral fluid
• Hair
These options enable employers to select a drug testing programme
to meet their specific needs.
1. Urine testing:
Urine testing is by far the most commonly used drug test in New
Zealand workplaces. Urine testing quantifies the presence of drugs
or drug metabolites, indicating the use of drugs in the previous
few days. Urine samples are collected by qualified collectors. Urine
samples can be either:
• Collected at the worksite by qualified collectors or
• Provided at a medical centre with a qualified collector.
The collector arranges for the sample to be couriered to the ESR
laboratory for testing. Reports are preferably sent directly to the
employer electronically.
What is the procedure for urine testing?
For drugs other than alcohol, the procedure requires the collection
and analysis of a urine sample, commonly called urinalysis.
The entire process from specimen collection through to reporting
is governed by the Australian/New Zealand Standard AS/NZS
4308: “Procedures for specimen collection and the detection and
quantitation of drugs of abuse in urine”. The standard clearly states
the collection and analysis procedures that must be followed for a
testing agency to comply with the standard.
8 | ESR – Drug testing in the workplace WDT HELPDESK 04-914 0731

ESR has accreditation with the accreditation authority, IANZ
(International Accreditation New Zealand), to conduct drug testing
and is fully compliant with the AS/NZS 4308 standard.
Urinalysis is carried out in two phases:
Stage One: drug screening
The urine sample is screened for the presence of drugs through an
auto-analyser machine. This screening process will give either a
“negative” or a preliminary “not negative” result.
• Negative results are reported to the employer at this stage
and no further analysis action is required.
• Not negative screen results move to the second stage of the
testing to identify the type and level of drug present.
Stage Two: drug confirmation
The second stage of testing is conducted on the not negative
screened specimens. This testing uses a highly specialised process
called Gas Chromatography Mass Spectrometry (GCMS) or Liquid
Chromatography Mass Spectrometry (LCMS). This process can
accurately confirm not only the presence of the drug or its metabolite
but also the level of the drug in the employee’s urine.
Drug cut-off levels
Cut-off levels are determined for each drug at both the screening
and confirmation phases. This means that even if a drug is detected
during either the first or second testing stage, the result will still be
reported as negative if the level of the drug recorded is below a set
cut-off level.
These cut-off levels are established because the aim of workplace drug
testing is usually to identify significant residues of the targeted drug,
not minute traces.
A person testing positive to a drug above cut-off levels indicates they
have recently used the drug or are a chronic user. Accordingly, if a
WDT HELPDESK 04-914 0731 ESR – Drug testing in the workplace | 9

person tests positive they are more likely than not to be an
“at-risk” employee.
The drug cut-off levels are defined by the urine testing standard AS/
NZS 4308. ESR’s Workplace Drug Testing laboratory is accredited by
IANZ to conduct urine testing to this standard.
2. Oral fluid testing:
Oral fluid testing is a relatively new form of testing and is most useful
in determining recent drug use. This option provides a less “invasive”
option for employers and may detect if employees have taken drugs at
work or recently prior to starting work.
ESR provides oral fluid analysis and reporting.
3. Hair testing:
ESR can provide hair testing analysis and reporting. Hair testing
enables an employer to determine drug use over a period of time.
It is particularly useful in the management of an employee who
has previously submitted a positive test and is in a rehabilitation
programme. A hair sample of two centimetres is required and can be
taken at a medical centre.
Laboratory testing equipment
Gas Chromatography Mass Spectrometry (GCMS) or Liquid
Chromatography Mass Spectrometry (LCMS) are the only processes
currently available that meet international testing standards. GCMS
and LCMS provide scientific conclusive proof of the presence of the
identified drug in the specimen tested.
10 | ESR – Drug testing in the workplace WDT HELPDESK 04-914 0731

When will I know the outcome of the test?
This will depend on the type of sample tested. For a urine sample,
a negative result will be available on the same day of the sample
arriving at ESR. A screened “not negative” result requiring analysis
by GCMS or LCMS/MS will be available within 72 hours of the
sample arriving at ESR.
ESR Workplace Drug Testing uses e-reporting of results to ensure
the employer is advised of the test outcome as soon as possible.
What about alcohol testing?
Breathalysers are the preferred method for detecting alcohol. These
devices provide an on-the-spot and highly accurate reading of the
level of alcohol in an employee’s system. They have been used and
developed over a number of years and have been proved to give
accurate and reliable results. This testing method is commonly used
by police to test drivers for alcohol use.
ESR recommends the Alcoliser range of breathalysers, including
the standard HH1 and the new, smaller “Easy Check”. Both
breathalysers perform well and are ideal for use in the workplace.
ESR can supply the breathalysers and maintain them with the
required calibrations.
On-site urine screening: points to consider
Since the 2008 revision of the AS/NZS 4308 urine testing standard,
a number of on-site screening devices have become available in New
Zealand. They include dipsticks, cartridges and cups. There are numerous
onsite testing devices available, but only a few have obtained the
required verification. Some available from retailers and online sources
are not verified and can give inaccurate results. The results obtained
from an onsite test are only presumptive and ‘not negative’ results
need to be confirmed by further laboratory testing for the result to be
valid. Employers need to be aware of limitations with the use of on-site
screening devices.
WDT HELPDESK 04-914 0731 ESR – Drug testing in the workplace | 11

Is testing compulsory?
Workplace drug testing is done with the informed consent of the
employee concerned. Employees cannot be forced to provide samples
or consent to having samples tested. The use of physical force or
threats against an employee who refuses to comply with a request
for a sample or any other requirement of a testing programme is also
unlawful.
An employee who refuses to consent may be dealt with only
according to the terms of the specific policy developed for the
workplace drug testing programme or the general disciplinary policy
contained in their individual or collective employment contract.
Who uses ESR’s workplace drug testing services?
Many New Zealand industries are using ESR’s drug and alcohol
testing services. They include:
• Forestry
• Dairy
• Transportation
• Fishing/Shipping
• Roading
• Meat/Poultry
• Mining
• Aluminium/Steel
• Oil/Energy
• Manufacturing
• Construction/Engineering
• Personnel consulting.
WDT HELPDESK 04-914 0731

How much does workplace drug testing cost?
A contract is negotiated with each client based on their individual
requirements. The cost will vary depending on the number of
substances to be tested for, the specifics of the testing regime and the
annual specimen numbers.
However, ESR can also undertake “one-off” testing as required, with
the price being negotiated.
Is there more information available for employers
considering the introduction of workplace drug
testing?
Yes. ESR can help with policy advice to employers interested in
developing drug and alcohol testing programmes at their workplaces.
ESR can also help with providing education and training sessions for
managers and staff. These sessions aim to advise on issues relating to
policy development, the health and safety effects of the drug testing
procedures and the development of drug testing programmes.
ESR also has linkages with experts in drug and alcohol rehabilitation
and counselling who can advise on rehabilitative programmes for
employees returning positive drug test results.
For more detailed information on how ESR can help you get started
with implementing a drug and alcohol free workplace programme,
please call the ESR Workplace Drug Testing Helpdesk on (04) 914
0731 or visit the website at www.esr.cri.nz.
Other resources
Accident Compensation Corporation (ACC)
ACC has produced a useful booklet on drugs and alcohol in the
workplace and implementing drug and alcohol testing programmes.
The booklet is entitled “Alcohol and other drugs in the workplace”
(ACC 4460) and is available to download from its website
www.acc.co.nz.
WDT HELPDESK 04-914 0731 ESR – Drug testing in the workplace | 13

Standards New Zealand
A copy of the AS/NZS 4308 “Procedures for specimen collection and
the detection and quantitation of drugs of abuse in urine” standard
can be obtained from the NZ Standards website.
www.standards.co.nz
Department of Labour (DoL)
The DoL website offers advice on developing a workplace drug
and alcohol policy and information on the effect of drugs in the
workplace and the laws surrounding drug testing in the workplace.
The DoL website is www.dol.govt.nz.
In addition, some industry associations have developed codes and
guidelines for their industries in the development of drug and alcohol
free workplace programmes.
For example:
New Zealand Forest Owners Association (NZFOA)
The NZFOA’s Drug and Alcohol Code of Practice can be viewed on
its website www.nzfoa.org.nz.
14 | ESR – Drug testing in the workplace WDT HELPDESK 04-914 0731

Protecting people and their environment through science
manaaki tangata taiao hoki
©
Copyright Institute of Environmental Science & Research Ltd (“ESR”) 2010. All rights reserved. No part of this work
covered by copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical,
including photocopying, recording, taping, or information retrieval systems) without the written permission of ESR.

©
ESR June 2010

Drug testing in the workplace
www.esr.cri.nz