{"id":50868,"date":"2014-07-18T08:40:43","date_gmt":"2014-07-18T08:40:43","guid":{"rendered":"https:\/\/www.nationaldrugscreening.com\/?p=50868"},"modified":"2022-12-02T12:05:07","modified_gmt":"2022-12-02T17:05:07","slug":"compliance-for-employer-drug-alcohol-testing","status":"publish","type":"post","link":"https:\/\/www.nationaldrugscreening.com\/blogs\/compliance-for-employer-drug-alcohol-testing\/","title":{"rendered":"Compliance for Employer Drug & Alcohol Testing"},"content":{"rendered":"\n

 What is a Model Drug Free Workplace Program? … Compliance for Employer Drug & Alcohol Testing Programs<\/strong><\/h2>\n\n\n\n

… In 1986 President Reagan signed an executive order requiring drug testing for federal employees.  In 1989 the federal Department of Transportation<\/strong><\/a> requires private employers to test interstate drivers; the U.S. Supreme Court upheld drug testing and twelve state laws existed for private workplace testing.  Since then more private and public, non-regulated employers have recognized the benefits of testing being enjoyed by their regulated colleagues.<\/p>\n\n\n\n

Any discussion of compliance for employer drug & alcohol testing programs must start with an understanding of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines).  These guidelines were first published by the Substance Abuse and Mental Health Services Administration (SAMHSA), United States U.S. Department of Health and Human Services (HHS), on April 11, 1988.  These guidelines establish scientific and technical guidelines for Federal drug testing programs, as well as standards for certification of laboratories engaged in urine drug testing for Federal agencies.<\/p>\n\n\n\n

The Mandatory Guidelines also establish the National Laboratory Certification Program (NLCP), with comprehensive standards for the testing of specimens, quality assurance and quality control, chain of custody, personnel, and confidentiality in the reporting of results. Quality assurance is addressed for the entire testing process from specimen collection through reporting of the results to the employer. Specifically, the Mandatory Guidelines requires the Department to: inspect each certified laboratory at least twice a year to document its overall performance; conduct quarterly proficiency challenges for all certified laboratories; and support an external blind control specimen program, with quality control specimens submitted by employers as though they were actual donor specimens.<\/p>\n\n\n\n

Confusion often exists because the Mandatory Guidelines apply to Federal Workplace Drug Testing programs which means agencies employees of the Federal Government.  This does not include Department of Transportation (DOT) regulated employers<\/strong><\/a>, DOT-regulated employees or private employers.  It must be noted that the Mandatory Guidelines have set the foundation and the model for a comprehensive legally defensible drug testing program for all employers who conduct drug testing.  DOT\u2019s drug & alcohol testing program, State law programs and private employers use these Mandatory Guidelines for the structure and model of the programs to be administered.  The DOT program mirrors the Mandatory Guidelines program with a few exceptions.<\/p>\n\n\n\n

For a complete review of the Mandatory Guidelines with background information and information on revisions go to: http:\/\/edocket.access.gpo.gov\/2008\/pdf\/E8-26726.pdf<\/a><\/p>\n\n\n\n

A part of SAMHSA, the Division of Workplace Programs (DWP) is mandated by Executive Order and Public Law to provide oversight for:<\/p>\n\n\n\n