Especially in recent years, the United States has become more lenient in legislation surrounding drugs and drug use. However, many recreationally popular drugs are still not legal on a federal level. This means that each state has a different policy on drug use and, therefore, a different policy on drug testing and other related operations. Employee drug testing has become an important topic during these discussions, as different types of employees are subject to different drug testing laws. For example, federal employees are covered by the Drug-Free Workplace Act of 1988, while private employee coverage varies by state.
Employee drug testing for private employees is largely under-addressed, with 11 states not having any official laws pertaining to the subject. The majority of states do consider the practice to be legal but with caveats, while only 5 states have laws that legalize employee drug testing: Montana, South Dakota, Tennessee, Ohio, and South Carolina. However, employee drug testing laws are surely changing at a rapid pace. In 2024 alone, over 500 bills related to drug testing were introduced. In order to better understand the origin and trajectory of drug laws in the US, it is important to discuss the legalization of marijuana as a catalyst for change.
In 2012, Colorado and Washington became the first states to pioneer the legalization of marijuana for recreational use. Now, 19 more states and DC have similar laws, increasing the tolerance for the drug across the country. Additionally, nearly 40 states and DC have legalized the medical use of marijuana as of last year. As a result of this increased leniency, studies have revealed an increase in positive marijuana tests over the past 5 years. An over 45% increase is alarming, experts say, raising red flags for Americans who work in labor-intensive fields. Safety-sensitive industries, especially those that work closely with heavy machinery or require niche skill sets, can be put at risk when drugs become a factor. In fact, research has shown that recreational marijuana laws are associated with a 10% increase in workplace injuries amongst younger individuals in these vulnerable populations.
As an initiative to conduct effective and seamless drug testing in the workplace, many states and industry leaders are cracking down on drug test cheating. This is largely due to the high presence of foul play when it comes to testing in efforts to evade the consequences of drug use in the workplace. Between 2022 and 2023 alone, there was a 6x increase in tampered test samples, showing the prominence of this behavior. There is an increased need for drug testing in general, as positivity rates range from 5% to almost 40% across all test types. From reasonable suspicion, to post accident, to follow-up, return to duty, pre-employment or even random, new cheating policies are going into effect to ensure these positive tests are all-encompassing.
There are currently ten US states that already have anti-cheating policies in place, including Oregon, which is also listed as one of the states with the most positive drug tests. These states are cracking down on cheating through increased drug testing and new technology used to detect any foul play. This technology may include detailed check-in times for employees, adulterant tests to ensure no foreign substances, and dilution detection to ensure pure results. With these new technologies available and state-backed efforts, many vulnerable industries are starting to test their workforce more frequently as well.
Industries that are safety-sensitive, such as energy utilities and transportation, and warehousing, are leading the charge in employee drug testing. Following closely behind are manufacturing, wholesale trade and construction, all making efforts towards keeping their employees safe while on the job. Many of these industries involve dangerous mechanisms, machinery, and substances, which further emphasizes why sobriety should be a priority in these environments. Especially following a rise in positive drug tests and workplace injuries, it is just as important to protect users as it is to liberate them through drug legislation. Especially when these workers are considered essential in many states, it is paramount that their health and safety are prioritized. The United States will only continue to move toward a more lenient future in relation to drug use legislation, making it imperative that we prepare our most vulnerable industries for the changes of the future.
Source: USDrugTestCenters.com