• 5% of Workmen’s Compensation Premiums
• Increase in Worker Productivity
• Decrease in Workmen’s Comp Claims
• Decrease in Health Costs
• Decrease in Absenteeism
• Decrease in Tardiness
• Decrease in Training Costs
• Decrease in Accidents
• Decrease in Interviewing and Reviewing Applications

Legal Questions about Drug Testing Programs

Question:  Can the liability of corporations be reduced if they utilize professional third party administrator (TPA) for random urine laboratory drug tests on employees?

Response: Use of a professional TPA for random urine laboratory drug tests on employees can reduce the potential for liability.

Discussion Summary: Random drug testing has proven to be a valuable tool in maintaining a drug-free workplace.  Random testing, however, must be conducted properly to avoid liability on the part of the employer.

Drug testing, including random testing, has been legally attacked on a number of grounds.  For example, some grounds include:

1. Drug testing as a violation of privacy
2. Laboratories have negligently conducted testing.
3. Employees have been unfairly singled out for testing.  Employers have been charged with discriminating on the basis of sex, race, and union involvement when conducting tests.
4. Laboratory drug tests  have admissibility problems in court.

A professional TPA can reduce the potential for liability in all of the above areas.  A professional outside TPA  can insure that employees are properly selected for testing thus reducing the concern that the employee was selected because of bias on the part of management.  A professional TPA can ensure that the laboratory does its job and that proper records are kept so that the drug testing program complies with state and federal laws and the results are admissible in court.

Conclusion: Use of a TPA for laboratory drug tests creates several legal advantages for an employer. Use of a TPA reduces concern about violations of employee privacy.  It ensures that the dignity of employees will be protected and it will make the  process of drug testing more pleasant for the employees.  Employer concerns about negligence in specimen collection and the analysis of the test are reduced because trained professionals  are guiding the process from step to step.  Use of a TPA reduces concerns about management bias and discrimination because it provides an objective third party to oversee the selection of employees for testing. A TPA provides expertise in drug testing which employers cannot afford to be without.  It prevents liability from arising because it ensures that the drug testing program is objectively and professionally established and administered.