1. Before you hire a new employee, the applicant will need to submit to a Pre-Employment Test. (Current employees do not require a Pre-Employment Test)
   
   
2. You must ensure at least 10 percent of your employees are randomly chosen annually for drug testing. This is known as a Random Test.
   
   
3. Should you have a good reason to believe an employee could be under the influence of drugs or alcohol you would conduct a Reasonable-Suspicion Test.
   
   
4. When you suspect that drugs or alcohol have played a part in an accident. This is known as a Post-Accident Test
   

What Do I Have to Test For?
The law requires that you test for different controlled substances. This includes Marijuana, Cocaine, Opiates (including Hydromorphone, Oxycodone, and Hydrocodone), Phencyclidine, Amphetamines, Barbiturates, Benzodiazepines, Methadone, and Propoxyphene. This set of substances is known as a “nine panel drug screen.”

Are Nine Panel Drug Screen’s Common?
No, the state has chosen to test for more drugs than is usual. This may present a problem as many companies only offer testing for basic opiates, such as Heroin and Codeine. This law requires that you test for a full range of Opiates including Hydromorphone, Oxycodone, and Hydrocodone. Not every drug company will be able to help you with this requirement. You need a drug testing company such as Foley Services, who will offer an ‘Expanded Opiates’ option. If you already have a drug testing program, this may prove problematic as you will have to update your selection of drugs to test for.

Who Do I Have To Test?
You must test any employee who is employed in a safety-sensitive function. These positions include mechanics, laborers and other workers. You do not need to test temporary employees who are engaged in temporary repairs (for example, a representative of a bulldozer manufacturer who is repairing a bulldozer per the warranty). You also do not need to test employees who are not performing functions at the construction site (for example, administrative staff who only work at head office).

How Am I Supposed To Tell If My Employees Are Using Drugs?
The law requires that you, the employer, and all supervisors of safety-sensitive employees undergo training to recognize the symptoms of drug and alcohol abuse. Training must include the following:

1. How to recognize a Drug or Alcohol Problem
   
   
2. How to document behaviors that demonstrate a drug or alcohol problem
   
   
3. How to confront employees with the problem from observed behaviors
   
   
4. How to initiate reasonable-suspicion and post-accident testing
   
   
5. How to handle the procedures associated with random testing
   
   
6. How to make an appropriate referral for assessment and assistance
   
   
7. How to follow up with employees returning to work after a positive test
   
   
8. How to handle drug-free workplace responsibilities in a manner that is consistent with the applicable sections of any pertinentcollective bargaining agreements.

Do I Need To Educate My Employees As Well?
Yes, the law requires that any new employee get two hours of drug-free workplace education within the first six months. All employees are to be provided education every six months after that.

What Do They Need To Know?
Their training must include the following:

1. Detailed information about the content of the policy. They must also be given an opportunity to ask any questions that they might have.
   
2. A copy of the company policy for which they must sign a receipt.
   
   
3. An explanation of the basics of drug and alcohol abuse including signs and symptoms associated with substance abuse and theeffects and dangers of substance abuse in the workplace.
   
   
4. A list of community resources where employees may seek assistance for themselves or their families.
   

What Do I Do With My Policy?
The law requires that you post a clear, legible copy of the policy in a prominent, easily accessible place at the public improvement construction site by each contractor and subcontractor subject to the provisions of the law.

How Will The State Know I Have A Policy?
Every contractor must maintain a record showing the names, occupation and safety-sensitive status of all employees in connection with the public improvement construction project. The record must also show any drug or alcohol tests performed and must include record of employee education. The documentation for inspection by the state and the records must be maintained for three years after the termination of the Public Improvement Construction Contract.

Who Can I Tell About A Drug Test Result?
Drug test results are confidential, and must remain so at all times. You must not discuss the result of drug tests with anyone except the employee tested.

What If I Don’t Follow The Rules?
Companies that violate any part of this law are subject to fines. For a first offence the fine is no more than $1,000. For a second offence the fine is between $1,000 and $5,000. For the third and any subsequent offence the fine is between $5,000 and $25,000, and the company will be banned from bidding on or holding state improvement contracts for one year.

What About All My Existing Contracts?
All contracts currently in progress are not covered by this law. Only contracts that are subject to solicitation on or after July 1, 2008 are subject to the law.

Foley Services’ Drug-Free Workplace Programs:
A Better Return on Your Investment

Foley Services is a leading provider of Drug-Free Workplace Programs nationwide. We have a reputation for providing the best possible programs to our clients. Our programs serve our clients so well and are held in such high regard for several reasons:

Customized Policies
We customize every Drug-Free Workplace Program Policy to each individual client. We know that every company is different and that a ‘one-size-fits-all’ Policy doesn’t work. We create each policy after careful consultation with you and fit it to all your needs and requests. For example, as virtually every state has different requirements for Drug-Free Workplace Programs, we can create multiple policies for companies that operate in multiple states.

Choice of Drugs
We have a great deal of experience with drug testing; sometimes it feels like we’ve ‘seen it all.’ We know that different drugs affect different areas of the country, different industries and different people. As such, we will work with you to determine which drugs you want to test for. This protects you from the dangers that threaten your workplace. The state requires that you test for certain drugs, but if you are worried about a drug that isn’t on the state’s list, we will be more than happy to help you keep that out of your business. Most companies will offer you only standard testing packages. For example, a 10-panel test, this is a test that looks for 10 standard drugs such as marijuana and cocaine. WEST VIRGINIA REQUIRES SOMETHING ELSE. The new state law requires that you test for a nine panel test; including a category called Expanded Opiates (this includes the painkillers hydromorphone, oxycodone and hydrocodone). Not all companies will offer you the ability to obey this law without charging you a great deal more.

Scientifically Valid Random Selection
We use a scientifically valid method to randomly select employees for drug testing. This complies with state law but also provides you with a great deal of protection. By using such a method, you cannot be accused of harassing an employee or discriminating against anyone. Random testing is one of the most valuable protections you have. As a drug test can happen at any time, studies show employees are far less likely to use drugs on or off the clock.

Top-Rated, Federally Certified Laboratories
We only send testing samples to the highest rated laboratories in the country. All our labs have been certified by the Department of Health and Human Services. By using such high-quality labs we protect you from any accusations that a test received a false result. Our choice of laboratories helps you keep money in your pocket and keeps you out of the courts.

Split-Specimen Testing
All of our testing samples are collected using the split-specimen method. Immediately upon receiving a sample, the tester splits the sample in two. One is sent for immediate testing, the other is preserved. This allows the original specimen to be retested if an employee disputes the result. If the employee tests positive and disputes that, another test is done on the original sample to prove the accuracy of the result. It also protects you against complaints from your employees that the testing was performed incorrectly.

Employee Assistance Program
Our clients have access to our Employee Assistance Programs (EAP). We partner with an internationally known firm, The Lexington Group, Inc., to provide protection and assistance to your employees. By using an EAP you can rehabilitate employees with a drug problem rather than going to the great expense of replacing them. The difference in cost is so great that by rehabilitating just one employee, the program pays for itself many times over. Call for details and pricing for this add-on service.

Unions
If your employees are unionized it is imperative that you administer a Drug-Free Workplace Program in conjunction with the union. Foley Services can consult and work with unions and employers to administer a program that pleases everyone. This protects you from bad blood with the union and the threat of strikes and other forms of profit-draining protest. Additional costs may apply, call for details.

24-Hour Support
Not every business works Monday to Friday from 9 a.m. to 5 p.m. So what happens when you are building a highway at 3 a.m. and one of your crew comes into work exhibiting signs of being under the influence? Foley Services has a 24-Hour Support line for all such emergency testing situations. We protect your business when YOU need it. We are there to support you in those situations that you need us most.

Monitor State Laws
Virtually every state has a slightly different Drug-Free Workplace law. Foley Services has a team of trained experts who constantly monitor every state for changes to the law. We keep our clients in compliance with the law and notify them of any changes that will affect them.

Call Today To See How You Can Get A Better Return
on Your Investment By Partnering with Foley Services.

1-800-253-5506 x 708

Or, contact us online here