In recent years, the United States has begun to change its tune in regard to drug use throughout the country. Although not many changes have been made on a federal level in terms of legality, many states have begun to create new legislation to liberate users of many different drugs for both recreational and medical reasons. This resulted from a united push from many Americans, fighting for the right to use popular drugs like marijuana or others in their daily lives. Because of this changing legislation, it has become increasingly important to put new policies in place that keep people safe and drug free in certain environments, namely while at work. Employee drug testing laws, much like general drug laws, vary drastically by state. While federal employees are all covered by the Drug-Free Workplace Act of 1988, private employee coverage varies by state.
Drug testing laws are not as far along in their development as drug use laws are in the United States. Currently, employee drug testing is only legal in 5 states: South Carolina, Tennessee, South Dakota, Ohio and Montana. The majority of states consider the practice legal but with caveats, and 11 states, such as Texas and Pennsylvania, do not have any laws on the matter at all. In order to make the necessary changes, last year saw over 500 bills related to drug testing introduced, demonstrating that employment drug testing laws are changing rapidly. However, it is important to understand the role that the legalization of marijuana has played in the need for these changes.
The United States first saw an increased leniency for marijuana use in 2012, as Colorado and Washington were the first to legalize the substance for recreational use. Now, almost 13 years later, 19 more states and DC have followed suit, allowing recreational marijuana use under the law. Additionally, nearly 40 states and DC have legalized marijuana for medical use, recognizing its benefits in manageable doses for patients suffering from a variety of ailments. Because of these changes, the past 5 years have experts reporting an 45.2% uptick in positive marijuana tests. This research has led experts to warn that this could have serious implications for safety-sensitive industries. Especially for workers that have niche skill sets and responsibilities or are in charge of operating dangerous machinery, working while impaired can have deadly consequences. In fact, recreational marijuana laws have already been associated with a 10% increase in workplace injuries.
In order to combat these harrowing findings and to foster safe and sober workplaces across the United States, many state leaders have begun cracking down on test-tampering and implementing stricter drug testing policies on their workers. There are several different reasons why an employee may be chosen to undergo testing, including but not limited to reasonable suspicion, following an accident, after a previous positive test, before returning to duty, before employment or even randomly. Studies have shown that all of these most commonly used tests are yielding positive results, ranging from 5% to almost 40% positivity rates. Because of these high rates, there has also been an increase in test tampering, with a 6x increase between 2022 and 2023 alone. Many workers are looking to evade the consequences associated with inappropriate drug use, and these anti-cheating policies will work to discourage that behavior.
New anti-cheating policies are already being implemented across the US in states like Texas, New Jersey and South Carolina. Oregon has also put these policies ino motion, which is significant, as it is the only state that has while also sitting on the list of states with the most passive drug tests at 6.5%. Anti-cheating technology for drug testing may include detailed check-in times, adulterant tests, and dilution detection among other new methods. These measures will ensure that samples are pure and easily able to indicate problem areas or non-compliant workers that may be a danger to themselves or others.
More and more industries have already started testing their workers, especially those that pose the greatest risk to their employees. Energy utilities and transportation and warehousing are driving forward these efforts, followed by manufacturing, wholesale trade and construction. People who work in these fields are likely exposed to harsh chemicals, heavy machinery, and dangerous situations on a daily basis, making it paramount that they are able to return home to their loved ones after each day. With increasingly lenient drug laws on the horizon in many states, fostering a safe and sober work environment has quickly become the priority for many state and industry leaders. These efforts have set the course for the future of drug testing in America, protecting our most vulnerable workers when they need it the most.
