Frequently Asked Questions
- Isn't drug and alcohol testing against my rights?
- I am concerned about my privacy. Who gets my test results?
- I have a medical condition that requires the regular use of a prescription drug. I am concerned that the drug will show up in my test and the company will find out about my condition which I feel is none of their business.
- Marihuana may be legalized or decriminalized so why are we testing for it?
- What I do at home is my own business and I like to smoke pot at home. I don't do it at work but I'm concerned that I will fail the drug test.
- I have used marihuana occasionally and I am concerned about failing a test as my company is now introducing a testing program. How long does marihuana stay in your body?
- Who sets the standards and what are they?
- Why is urine used for drug testing instead of hair, saliva or blood?
- Can we test for alcohol in the urine? It would be convenient and blood or breath testing would not be required.
- I know that alcohol testing can measure impairment and drug testing can't so why do we drug test?
- Do I have to enter into a treatment program if I fail a drug or alcohol test?
- If I refuse to be tested will I be fired?
- As a manager I'm concerned that a large number of my people will quit if we start a testing program.
- How does a company go about implementing a testing policy?
Isn't drug and alcohol testing against my rights?
The Canadian Human Rights Commission and the various Provincial Human Rights Commissions all publish position papers on drug and alcohol testing. In general terms, testing is only allowed in safety sensitive position where safety is a bona fide occupational requirement. There is also a duty to accommodate individuals who are positive on a drug and or alcohol test. There are various court cases that set guidelines for establishing bona fide occupational requirements and duties to accommodate. Testing is not against your rights but discriminating against a person with a disability may be. A person dependent on drugs and or alcohol may have a disability.
I am concerned about my privacy. Who gets my test results?
Test results are relayed from the Medical Review Officer (MRO) to a Designated Employer Representative (DER) or Alternate (ALT). Test results are kept separate from personal files with results shared with company decision makers as required. Test results cannot be released outside of the company. There are some exceptions including testing conducted under the U.S. DOT regulations for drivers traveling into the U.S.
I have a medical condition that requires the regular use of a prescription drug. I am concerned that the drug will show up in my test and the company will find out about my condition which I feel is none of their business.
All test results are reviewed by a MRO who will contact the donor as required. The MRO will investigate the use of the prescription drug and if the use is medically acceptable the MRO will report the test results as negative to the DER. The MRO will not disclose the contents of his/her conversation with the donor.
Marihuana may be legalized or decriminalized so why are we testing for it?
Marihuana is one of the five drugs that are part of the drug testing standard. Marihuana causes impairment which can create safety issues for the employee, co-workers, the public and the environment. If marihuana was legalized we would still test for it. As an example alcohol is legal and we test for it as per the standard because it also causes impairment.
What I do at home is my own business and I like to smoke pot at home. I don't do it at work but I'm concerned that I will fail the drug test.
What you do at home is your own business. However, your employer has the right to expect that when you come to work you are fit for duty. That includes not having a drug and or alcohol in your body above the established standard. You have to make your own choices about what you do and how it may affect safety at the worksite. Be aware of the consequences for not meeting standards and make an informed choice.
I have used marihuana occasionally and I am concerned about failing a test as my company is now introducing a testing program. How long does marihuana stay in your body?
There are many variables such as how often have you smoked, how much did you smoke,
strength of the marihuana, your body metabolism, exposure to second hand smoke, etc. In general
terms, if a person smokes a marihuana joint the THC will stay in their body for about 30 days. A drug
test would detect the THC for a period of 1 to 10 days with an average of 3 to 5 days. Marihuana use
of more than 3 times a week is considered heavy use as the level of THC in the body does not have the
opportunity to go down and, in fact, it is constantly rising. An individual who smokes marihuana on a
daily basis would require one to two years of being clean for the THC to completely leave their body.
Drug testing would detect THC in their body for between 4 and 6 weeks after they stopped using.
Exposure to second hand marihuana smoke will not make you fail a test. However, such exposure can
delay pre-existing THC in leaving your body.
Who sets the standards and what are they?
Prior to 1998 the Standards Council of Canada(SCC) followed the standards and guidelines of the Laboratory Accreditation Program for Substances of Abuse (LAPSA) for forensic urine drug testing. On May 12, 1998 the SCC adopted the standards and guidelines of the Substance Abuse and Mental Health Services Administration (SAMHSA) for forensic urine drug testing. SAMSHA is a division of the U.S. Health and Human Services agency that sets the guidelines for the mandated U.S. DOT testing in their transportation industry. Since that time SAMHSA has been responsible for certifying laboratories both in Canada and the United States for forensic urine drug testing.
Why is urine used for drug testing instead of hair, saliva or blood?
Urine, hair, saliva and blood can all indicate the presence of drugs in the human body. Urine is the only method approved by SAMHSA. If considering the use of alternate methods of testing make informed decisions based on sound information. We can provide assistance if requested.
Can we test for alcohol in the urine? It would be convenient and blood or breath testing would not be required.
Alcohol can be detected in the urine; however, it becomes concentrated in the urine and there is no correlation with the level of alcohol in your blood. Standards allow for initial alcohol screening to be conducted by saliva or breath; however, all positive alcohol screening tests must be confirmed by an Evidential Breath Alcohol Testing Device. Urine alcohol testing does not meet any standards and is not defensible in a court of law.
I know that alcohol testing can measure impairment and drug testing can't so why do we drug test?
Drug testing has limitations including the fact that it can not measure levels of impairment. A positive drug test means that the particular drug was present above the SAMHSA standard. It is an indication that the person may be at risk in a safety sensitive work environment. Normal practice would be to remove the individual from safety sensitive duties and to direct them to an Employee Assistance Program or government agency for assessment. Conditions for returning to safety sensitive work are: Attending for the assessment, complying with recommendations and a negative return to duty test. The individual may also be subject to unannounced follow up testing. The actual need and or frequency of follow up testing are determined by the Substance Abuse Professional who will advise the DER.
Do I have to enter into a treatment program if I fail a drug or alcohol test?
A failed test cannot indicate if you require treatment. You will attend for an assessment by a Substance Abuse Professional who will determine if you need treatment, counseling, education or a combination thereof.
If I refuse to be tested will I be fired?
No.
If you refuse to be tested you will be removed from duty, directed for assessment with return to
work conditions: you must attend for the assessment, comply with recommendations, have a negative
return to duty test and may be subject to unannounced follow up tests with frequency determined by
the Substance Abuse Professional. A company always reserves the right to take disciplinary action
including termination but when it comes to drug and alcohol testing issues the recommended practice
is to always meet your duty to accommodate. A decision to terminate may be considered when there
is non compliance or a genuine concern that the individual is an unacceptable safety risk at the work
site.
As a manager I'm concerned that a large number of my people will quit if we start a testing program.
Prior to implementing a testing program your company should conduct drug education training for managers, supervisors and employees. This will allow employees to identify their concerns and receive appropriate answers. A testing program should never be used to "get rid" of employees. It should be designed to maintain and enhance safety in the workplace and provide assistance to employees who may have substance abuse issues. The development of your policy is critical and when introduced we recommend that testing provisions that affect current employees not be effective for a 90 day period. This allows individuals the opportunity to make choices and or seek assistance if required.
How does a company go about implementing a testing policy?
Have a clear understanding of all the issues surrounding drug and alcohol testing. Develop a policy that identifies why you are testing, when you are testing, standards you are following, who you will test and how you will meet your duty to accommodate individuals who fail a test. While your policy applies to all employees the testing provisions only apply to employees in identified safety sensitive positions. A successful program combines testing with education and access to assistance.
KNOW AND UNDERSTAND YOUR POLICY. PROVIDE DRUG EDUCATION TO YOUR MANAGEMENT AND STAFF. KNOW HOW YOU ARE GOING TO MEET YOUR DUTY TO ACCOMMODATE.