Surge in Workforce Drug Test Cheating: A Growing Concern for Employers

As a leading provider in drug and alcohol testing services, CDT has noticed a disturbing trend that should be on every employer’s radar.  Employment drug test cheating is on the rise.  This issue presents significant challenges for companies committed to maintaining safe, productive, and drug-free workplace environments.

In today’s workplace, drug testing is a vital part of risk management and safety maintenance.  Employers rely on it to reduce accidents, absenteeism, and productivity losses while ensuring the health and safety of their workforce.  However, with the surge in test cheating methods, it becomes more critical to have a drug testing program that is accurate, dependable, and maintains integrity throughout the drug testing processes.  Equally important is having a program that keeps up with current drug test cheating methods.

Reasons Applicants or Employees Cheat:

  • Access to Information and Products: Marketing of drug test cheating products has increased over the years and products such as synthetic urine can be purchased over the internet. The internet has made it easier than ever to access products and methods designed to try to cheat drug tests. From synthetic urine kits to adulterants that can mask drugs in the system, many products are easily accessible and marketed.
  • Evolving Testing Methods: As drug testing methods and techniques evolve, so do methods for cheating a drug test. It is critical for companies to stay informed and updated on testing best practices.
  • Changing Attitudes Toward Drug Use: As attitudes toward certain substances, such as marijuana, become more lax and more people become regular users of these substances, statistically the applicants or employees being tested will result in a higher number of those choosing to attempt to defraud the test results.

Methods of Cheating Drug Tests

Increased knowledge regarding the latest methods used to cheat the drug and alcohol testing process will assist employers in protecting the integrity of the process against these practices. The most common methods include:

  • Synthetic Urine: Pre-mixed synthetic urine products are designed to replace real urine and may include heating pads to help the urine maintain the temperature needed to provide an acceptable sample.
  • Substitution: Individuals may attempt to substitute their own sample with another person’s urine, hoping the sample will provide a negative result.
  • Adulteration: Cheaters may add chemicals like bleach, vinegar, or commercial products to their sample in attempts to throw off the test results.
  • Dilution: Drinking excessive amounts of water before the test is a common way to dilute the sample to potentially hide the presence of drugs.

How Employers Can Combat Drug Test Cheating

 The rise in cheating does not mean employers are powerless. Here are steps you can take to protect your testing program: 

  • Utilize Professional Oversight: Partnering with a TPA like Comprehensive Drug Testing, Inc. (CDT) offers employers professional collection services, ensuring that drug tests are conducted by trained staff who know how to spot signs of cheating, tampering, or any other uncooperative behaviors during the collection or testing process.
  • Consider All Testing Methods: Consider using a combination of urine, hair, and oral fluid as each method has different detection windows and is susceptible to different forms of cheating. Hair tests, for instance, are harder to tamper with and can detect drug use over a longer period. Oral fluid naturally allows for observation during the administration of the collection.
  • Regularly Update Your Policy: It is essential for your drug and alcohol policy to remain current. Make sure it explicitly outlines the consequences of cheating and incorporates the latest testing methods and protocols.
  • Education and Deterrence: Inform your employees about the testing process, including the sophistication of current detection methods and the severe consequences of attempting to cheat. This can act as a deterrent and encourage compliance. CDT can help with flyer or notice development.

The Role of Third-Party Administrators in Maintaining Integrity

As your TPA, CDT is committed to helping you maintain a robust and tamper-proof drug testing program. By staying ahead of emerging cheating methods and offering solutions such as secure collections, advanced testing methods, and custom policies, we help ensure that your workplace remains safe and drug-free.

With drug test cheating on the rise, now is the time to act. By partnering with a TPA that understands the evolving landscape or within your industry, you can protect your workforce and your business from the risks associated with drug use and testing fraud.

For more information on how we can support your drug testing program and prevent test cheating, contact us today! Together, we can build a safer workforce through the establishment and enforcement of a state-of-the art drug testing program.

California Assembly Bill 2188

Overview

California recently enacted Assembly Bill 2188 (AB-2188). This bill limits an employer’s ability to discriminate against an employee or potential employee because of cannabis (or marijuana) use off the job and away from the workplace. This Memo provides an overview of the bill, as well as its impact to employers and employees.

Cannabis Overview

Cannabis (sometimes referred to as marijuana or THC) is currently legalized for recreational use in California. THC is the chemical compound in cannabis that can cause psychoactive effects and indicate impairment (commonly referred to as being “high”). Once the THC is metabolized, it remains in the body as a non-psychoactive metabolite. These non-psychoactive metabolites can remain in the body for an extended period of time.

Current Testing Methods

When employees or potential employees are tested for drugs – for instance, a pre-employment test or a random test – the most common form of testing to obtain a urine sample from the donor. The sample is shipped to a laboratory for analysis. The lab is looking for the THC metabolite, and if it is detected, then a confirmation test is performed to validate the initial analysis. The metabolite detected is the non-psychoactive metabolite.

AB-2188 Overview

The new Bill, AB-2188, addresses how an employer can test employees or potential employees for cannabis. It applies only to marijuana and not to any other drugs (e.g. cocaine). The bill officially states that:

“It is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following:

(1) The person’s use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites.

(2) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.

In layperson’s terms, the new bill does not allow employers to penalize a person (such as terminating or not hiring a person) because the person tested positive for marijuana AND the test method utilized analyzed a person’s body fluid for the non-psychoactive metabolite. Employers cannot use a marijuana positive urine test to terminate an employee or not hire a potential employee.

Employers can still require marijuana drug testing. However, the test utilized must specifically test for the psychoactive element of cannabis, not the metabolite. This is referred to as testing for the “parent drug”. Today, the most common way to test for the parent drug is to utilize oral fluid testing method. The oral fluid sample can be sent to a lab for analysis, and the lab will specifically be testing the sample for the parent drug.

To comply with this new law, employers that utilize urine testing will need to switch from urine testing to oral fluid testing.

Other Important Details of AB-2188

This new law does not apply to all employees. It does not apply to employees that serve in DOT-regulated positions, such as drivers of commercial vehicles (CDL holders). The law will also not apply to certain non-DOT employees. We are currently awaiting additional guidance and regulations on the specific roles where this new law will not apply. We expect that guidance to come before the effective date.

The new law is effective as of January 1, 2024. There is no required change at this time to company policies and procedures.

Why AB-2188

AB-2188 addresses an employee or potential employee’s right to use marijuana off the job and away from the workplace. With recreational marijuana use legal in California, this bill is designed to protect that right for employees, subject to that employee’s role with their employer.

 

In another sense, this is the next step towards treating marijuana more like alcohol, where use is permitted but impairment is not. Testing for the psychoactive element of THC is more closely related to the attempt to determine impairment.

Employer Impact

Employers will need to ensure that the testing methods used for marijuana testing are in compliance with this law, when it goes into effect. Employers will also need to make sure that roles are clearly defined, so that it will be clear whether or not this new law applies to a particular employee.

Employers will also need to update their drug and alcohol testing policies to comply with this new law. Employers will need to update any educational materials provided to employees regarding drug and alcohol in the workplace.

Employers will need to monitor regulations for additional updates and guidance, particularly related to industries or positions where the new bill would not apply to those employees.

CDT Assistance

CDT can educate employers and assist with policy review and revision, if necessary. We will also continue to update our clients on any additional guidance related to AB-2281. As the effective date nears, and with any additional guidance, we can assist you and update policies and procedures to prepare for the implementation. We already offer the type of oral fluid testing that is compliant with this law. We can make sure you have access to this testing.