Drug Testing in the Workplace: Key Trends, Best Practices & Legal Challenges for Employers from 2024

Drug Testing in the Workplace: Key Trends, Best Practices & Legal Challenges for Employers from 2024

By: ASAP Staff

Note: This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.

In 2024, the Centers for Disease Control and Prevention (CDC) released a comprehensive report highlighting the rise in marijuana use across different industries. As the legal landscape continues to shift, with more states legalizing or decriminalizing marijuana, employers are facing new challenges and opportunities, especially when it comes to drug-free workplace programs that include drug and alcohol testing and the services of a Substance Abuse Professional (SAP).  

While the CDC’s findings focus on marijuana use trends, it’s important to take this conversation one step further by examining broader trends in workplace drug testing. With an increasing number of individuals testing positive for substances, how can employers ensure they are equipped to manage workplace drug testing programs effectively? 

A Closer Look at Marijuana Use Trends: Understanding the Quest Drug Testing Index 

This article takes a closer look at the Quest Diagnostics Drug Testing Index (Quest DTI) to analyze key trends in drug testing positivity. It will provide practical guidance for employers on how to adapt their drug testing policies to navigate the evolving workplace landscape, focusing on employee hiring, random drug test selection, and return-to-duty programs that utilize SAP services. 

The Quest DTI is a valuable resource that tracks the results of millions of drug tests across various industries, revealing patterns and shifts in substance use. These results measure drug testing trends for positivity among regulated (typically by various federal transportation agencies) and non-regulated industries. The 2023 DTI findings, published in early 2024, highlight several key trends that employers should be aware of. 

1. Marijuana Positivity Remains on the Rise

One of the most significant takeaways from the Quest DTI is the continuing rise in marijuana positivity. This is in line with the CDC’s 2024 report that highlighted marijuana as one of the most commonly used substances in industries such as construction, healthcare, and retail. 

Increased marijuana use is often attributed to the broader trend of marijuana legalization, coupled with the growing acceptance of cannabis for medicinal and recreational purposes. However, despite these changes in legislation, marijuana remains a Schedule I controlled substance under federal law and its use is prohibited by the U.S. Department of Transportation (DOT) drug testing regulations. As such, employers must manage what happens when someone tests positive. 

2. Impact of Marijuana Legalization on Workplace Policies

With more states adopting laws that impact marijuana legalization on workplace policies, employers face the challenge of balancing compliance with state regulations and maintaining a drug-free workplace. It’s important to note that marijuana can remain in the body for days or even weeks after use, which means that even employees who are not impaired during work may still test positive. This creates tension between the legal rights of those who use marijuana and workplace safety policies that include drug testing for marijuana. 

Employers must review and adapt their drug testing policies to ensure they’re aligned with local laws while maintaining the highest standards of workplace safety. Clear guidelines on marijuana use, impairment while on the job, and drug testing protocols should be established and clearly communicated to avoid legal challenges. 

3. Trends in Other Drug Use: Opioids, Cocaine, and Stimulants

While marijuana is seeing the most notable increase in positivity, the Quest DTI report also identifies concerning trends among other drugs, such as opioids, cocaine, and stimulants. These drugs are typically part of a traditional 5 drug panel drug test required by DOT as well as by many state drug testing laws and regulations. In particular, opioids continue to be a major concern in industries like healthcare, transportation, and construction. The rise in stimulant use is also noteworthy, especially given the increasing prevalence of prescription drugs such as Adderalliii. 

These substances pose unique risks to workplace safety and employee performance. Positive test results for opioids or stimulants can indicate misuse, leading to potential impairment at work and heightened safety risks. 

Guiding Employers: Key Steps to Manage Workplace Drug Testing 

As the drug testing landscape continues to evolve, employers must be proactive in adapting their drug and alcohol testing programs to these changes. Here are some key steps employers should take to ensure they’re prepared for evolving trends: 

1. Review and Update Your Drug and Alcohol Testing Policies

Employers should regularly review their drug and alcohol testing policies to ensure they remain up to date with local and state laws, as well as federal regulations. These policies should clearly state which substances are tested for, under what circumstances, and the consequences of testing positive. Be transparent with employees about what constitutes acceptable drug use and how the testing process works. 

2. Hire with Caution: Screening for Marijuana and Other Drugs

When hiring new employees, employers need to be diligent about pre-employment drug screenings. While marijuana use is legal in certain states, it may still be a disqualifying factor for certain roles if applicants fail a pre-employment drug test, especially in DOT safety-sensitive positions. A DOT pre-employment drug test must include marijuana.  

It’s crucial to have a clear understanding of the legal landscape from DOT drug testing procedures, to state laws, and industry regulations that guide your hiring process. 

Consider the role of the job and the specific risks it entails when determining which substances should be tested for during the hiring process. For example, employers in transportation or manufacturing may want to focus more on substances that can impair performance on the job, such as alcohol, opioids, and stimulants5. 

3. Establish Random Drug Testing Programs

Random drug testing is an essential component of any robust drug-free workplace policy. By conducting random testing throughout the year, employers can ensure that drug use does not go unnoticed. Random testing helps reduce the chances of employees coming to work under the influence or using drugs while on the job. 

Employers should ensure that their random selection process is truly random and consistent to maintain fairness. Clear communication regarding the consequences of failing a drug test should also be part of any random drug testing program.

4.  Address Workplace and DOT Return-to-Duty Protocols

When DOT employees test positive for drugs, substances like opioids or marijuana falling in line with the 5-panel drug test, employers are mandated to have a DOT policy in place outlining when a DOT covered employee can return back to work after completing the return-to-duty process or if the company terminates based on the violation. Regardless of their policy decision the employer is required to provide a list of qualified DOT SAPs to an employee and even a new hire candidate applying for a DOT safety-sensitive role. The return-to-duty process requires that DOT covered employees be evaluated by a qualified DOT SAP and successfully participate in education classes, treatment and/or rehabilitation program before they are cleared by the SAP and allowed to return to the workplace. This not only helps employees get the support they need but also ensures the safety of all workers in the company and the public. 

Employers offering a second chance to employees should collaborate with DOT qualified SAPs to ensure compliance of the return-to-duty process. This will ensure that employees are given the necessary tools to succeed while maintaining workplace safety.  

While DOT random drug testing can help identify people who need help, the services of a trained SAP increase the chances of saving otherwise valuable employees who may be going through a difficult time in their life. A failed DOT drug test does not necessarily mean the end of that person’s career with your company or at another company.  

Conclusion 

As marijuana use continues to rise, and new drugs emerge on the scene, employers face a unique set of challenges in managing workplace drug testing programs. By understanding the trends revealed in the CDC’s 2024 report and the Quest Drug Testing Index, employers can be more strategic in how they approach drug testing, particularly in the areas of employee hiring, random selection, and return-to-duty programs, including taking advantage of the services by a substance abuse professional  within your general workforce to offer second chance programs modeled after the DOT return-to-duty process. 

Create a culture of aiding employees by regularly updating policies, being clear with employees about expectations, and ensuring fair and effective testing procedures and programs, employers can navigate the evolving drug use landscape while maintaining a safe, productive, and compliant workplace. The key is to stay informed, adapt as necessary, and prioritize the safety and well-being of both employees and the organization as a whole. Contact ASAP to learn more about the tools needed to keep the workplace safe so employees can return to duty. 

Additional Reading:  

https://go2asap.com/blog/finding-DOT-qualified-SAPs/  

https://go2asap.com/blog/pre-employment-drug-test/  

https://go2asap.com/dot-drug-test-procedures/