Managing Randoms Programs

We need to talk random testing programs.

In a previous post, we discussed the most common FAQs when getting started deciding whether or not to implement a random testing program. Lately, we have had more and more contractors understanding the importance and benefits of random drug screening and for that, we are so excessively pleased.

But every good thing brings its own set of challenges. Randoms are a great tool to limit liability in the workplace, but done improperly, they can cause dissension, distrust, and frustration. We have been seeing more and more of this in some of the businesses we service and we’d like to take a moment to address some of the most common issues we see as well as how to correct them.

First and foremost, a randoms program is a deterrent. We are never trying to “catch” users in the workplace. We are simply giving your employees one more reason not to use. (most) People understand they will need to pass a drug screen to hire in to a new company. Users know they will need to stop using to gain employment. But this is where the responsibility stops for many. Once they are hired in, users make a choice. They either begin using again, increasing liability on your jobsite, because they know they can get away with it and there are no consequences, or they clean up their act because they understand they “have a good thing” and it is much more difficult to go looking for employment all over again if they are “caught”. A randoms program is simply a tool to help keep your employees and your community safe.

People like to party. I like to party. I can’t tell you how many times I’ve been to a gathering with friends and someone says “I can’t drink, I’m on call” or “I can’t smoke (marijuana) because my job drug tests”. THIS is the exact reason we encourage random screening policies- to encourage our employees to do the right thing (of course it is a double benefit because safe employees are less risky employees).

There are only a few simple steps to running a successful randoms program.

• Decide the percentage and where to pull from
• Send list
• 3^rd party picks donors, sends picks to DER
• DER schedules on-sites OR notifies supervisors to take employees to collection facility for testing
• DER compiles results in personnel files and addresses any non-negative results

Common problems:

• Not including every employee on the roster (removing management or specific employees)
• Notifying employees ahead of time
• Giving different employees different consequences upon positive results
• Performing your own selections
• Performing minimal selections/ too few or infrequently
• Not enforcing policy requirements

I know. It’s a lot to keep up with.

So let’s address these issues. Remember, these are best practices and will limit liability for your company, but since randoms are not a requirement for a drug-free workplace certification, there are relatively few hard and fast “rules” that govern these procedures. (THIS is why there are so many “issues” when managing a randoms program.)

You MUST include every single person your company employs in a random. When companies leave personnel off their randoms list, people find out. This is essentially telling your staff “Some people are above the law. Just not you.” Management is still part of the company employee pool. If you are going to implement a random drug testing program, the selections need to be random. So how can a selection be truly random if certain names have been completely removed from the pool? The quick and dirty answer is: It Can’t.

Another issue that can arise is having employees that are aware of a random selection before the testing takes place. Quite frequently, I see too many people copied on an employee list that I am sent to select names from. How can a random drug screen be successful if the employees know they will be tested? Of course, usually those copied on the e-mail chain are supervisors, but do you think that supervisors are superhuman? People talk. People form friendships and bonds. It is so easy for someone- anyone- to get information or share information either purposefully or accidentally.

Making anyone but the Designated Employer Representative (DER) aware of an upcoming random screen is not a good idea. I even have a client that has requested that I not share the employee selections with her OR the date and time I will be arriving on-site for a random drug screening. This company has specifically requested that I ask for the list when it is convenient to me, perform the selections, and come out to perform the screens without telling them when I will be there. While this may not be the best option for you, you absolutely can limit the number of people that know about a random beforehand. Maybe you need to let some people know because you have multiple sites? Great. That can work- but they don’t need access to all the names and information ahead of time.

Most of our employers are really consistent about following policy requirements. But every once in a while, there’s this awesome employee. He’s really good at his job, he’s never late, the quality of his work has never faltered. When that guy has a positive drug screen, will you be able and ready to follow your policy? Do you know what it says? Do you have a second chance policy or do you have a termination policy? What is the difference? We frequently hear “But I hate to lose her. She’s a great employee!” and while we know good employees are hard to find, your policy is the law in your company. It is the document by which you govern your “kingdom”. Without strict adherence to its guidelines, you will open yourself to liability lawsuits.

Chances are, you use a third-party administrator (TPA) to help you manage your drug-free workplace program. It is always best to have an impartial person or group managing delicate issues. When performing random selections, someone who works in the company is, by definition, partial. They know the employees, they will usually know the date of the testing, as well as the arrangements made for the testing process. This person is more likely to leave themselves out of the pool, alter the selection, or give people a heads up. All of these situations open the company up to legal challenges by disgruntled employees. With this in mind, it is best to hire an outside entity to perform your selections.

As stated previously, a randoms program is a deterrent, a “safety net” for your company. For that to work properly, the program has to be visible. People have to know it’s going on. They have to see it and talk about it. If you have a workforce of 100 people, but you only pick 5% annually, that’s only 5 people in a year. If you have 100 people and you test 15%, though, people start to notice. Someone mentions the fact that three people were gone from their stations for a while on June 10. Someone else says “yeah, they had to go for a random drug screen”. Better yet, you test 30% and have the testing clinician come to your office or jobsite, they are definitely going to notice a large selection of people absent from their work stations or waiting in a secure area for their turn to provide a specimen. “You were pulled? Oh man! I got pulled last time!” Word. Spreads. This is the goal. The more people that know that your company I dedicated to safety, the less likely they are to jeopardize their position within it.

Lastly, just like with anything else- if you don’t know what your policy says, you can’t enforce it. You must be familiar with your policy requirements before scheduling random drug screens. What will you do if a random screen result comes back as a negative dilute? What is your policy on non-negative results? Where are you sending your employees for testing? Do you perform NIDT tests for randoms (not recommended) or do you send the specimens directly to the lab for testing?

If you haven’t implemented any randoms programs yet, but you want to, your basic task list looks like this:

• Pick a DER. Usually an HR or safety rep.
• Decide on testing frequency and percentage (can be variable, can be periodic, etc.) e.g. 30% over 4 selections.
• Sign randoms testing agreement so all parties know what is expected. (If contracting with someone to come on-site)
• Respond to requests for employee lists/ communicate with 3^rd party provider.
• Know the options for getting testing done.
• Know policy requirements for positive results and be ready to enforce.
• Follow procedures for confidentiality when storing records.

Now that you are aware of the major pitfalls we see when implementing and managing a randoms program, take some time to verify that you aren’t falling into one of these traps. And remember- we’re here to help, so if you have any questions with setting up a random testing program or with managing the program to prevent liability issues, just give us a call!