Skip to content
WorkTraining.com is now part of the Learn Laws® platform. Learn more.

Frequently Asked Questions

Answers to the questions our learners ask most.

Matching as you type. Press Enter for the full search.

No FAQs match “”

Try fewer words or browse by topic.

160 questions found Narrowed by your search.

Clear all

That’s an interesting question that’s probably been asked by college athletes and employees in various sectors more times than you could count. In the United States and Canada, the most common means of testing for marijuana use is urine testing. Passing such a test is often required to remain on an athletic team or gain and keep employment.

So what’s the answer? Well, it’s a definitive “It depends.”

Urine Testing

The active ingredient in marijuana is THC. A urine test looks for the presence of THC-COOH, a metabolite of THC, and it’s produced when the liver breaks down the THC in marijuana and remains in the body for much longer.

The rate of THC metabolism varies from person to person, and it’s also affected by how much marijuana has been used. Generally speaking, a first-time user or someone who only smokes occasionally will probably deliver a positive urine test anywhere from a day to three days after use. By the end of four days, infrequent users will be below the level required to deliver a positive urine test, according to the NDCI (National Drug Court Institute).

Frequent users will likely test for about a week following their most recent use but will probably show a negative at the ten-day point. That said, there’s no guarantee that a heavy user will be free from THC metabolites within ten days – some users even test positive a month after they’ve last used. And in one (admittedly extreme) case, a user-tested positive on the 67th day following his last use.

Is It Possible to Fool a Urine Test?

Again, athletes and employees have reason to be concerned. Marijuana is one of the most common drugs tested for, and it can get a user into just as much trouble as hard drugs when it comes to being kicked off the team or losing a job.

Drinking a lot of water to dilute the THC metabolites in the urine is the most scientifically sound solution – water dilutes EVERYTHING in the urine. But the chances of a person being able to consume enough water to achieve a negative result if they have been smoking marijuana are slim to none. Besides, diluted urine will immediately be flagged as tampered with.

As to the products available on the Internet that purport to “clean” the urine, users might just as well tear up their money and flush it down the toilet with any tainted urine they’re trying to get rid of.

And if the drug test is DOT mandated, forget it. DOT urine specimen collectors are highly trained, and they’ve completed courses that qualify them in essentially foolproof collection techniques. Substituting someone else’s urine or otherwise tampering with the specimen is simply not going to be possible. They never leave a subject alone for even a second, so substituting someone else’s urine isn’t possible.

People who don’t want to test positive for marijuana use would be well advised to leave the weed alone. The length of time that it can remain in the system is entirely too variable, and the test is reliable. The only truly reliable way to prevent a positive result is not to use it.

Open full page

A DER, or Designated Employer Representative, plays a key role in many drug and alcohol-free workplace program functions[1]. When a drug test is performed, employees must be removed from their duties. When further information is needed about the company’s alcohol and drug policies, the DER is responsible and is the best source of accurate information regarding drug and alcohol testing.

WHAT ROLE DOES THE DER PLAY?

A DER is:

  • A company employee (a contractor cannot be a DER).
  • Someone who is trained specifically to be a DER.
  • Someone readily available to make crucial policy determinations for employees.

The main purpose of a DER is to be the authority on federal, state, and company drug and alcohol-free workplace policies. The DER is in charge of ensuring the safe and timely removal of any employee found in violation of company policy.

A company may have multiple DERs to ensure availability during shifts or in an emergency[2]. The owner or employer of a small business may also act personally as a DER[3] under §40.3, but the law does not permit one DER to be under contract for multiple companies.

A DER is responsible for the operation of the company's drug and alcohol-free workplace policy, meaning she is responsible for all of the following and more:

  • Educating employees on the policy;
  • Ordering drug and alcohol tests;
  • Ensuring program compliance with applicable regulations;
  • Removing employees from safety-sensitive functions;
  • Making certain refusal to test determinations;
  • Offering advice to supervisors regarding suspicion determinations;
  • Maintaining all documentation[4];
  • Reviewing results from Medical Review Officers (MROs) and Breath Alcohol Technicians (BATs)[5]; and
  • Ensuring employee and supervisor training and records are up-to-date and comprehensive.

SHOULD A DER TAKE REASONABLE SUSPICION TRAINING?

Yes, anyone designated as a DER should take reasonable suspicion training and be properly trained in best practices regarding drug and alcohol-free workplace policies. Since a DER is essentially the company drug and alcohol-free workplace guru, it is imperative that the DER not only learn the signs and symptoms of drug and alcohol use but that the DER become the company expert in reasonable suspicion determinations.

To register for the Reasonable Suspicion Training course or more information on the training, a DER must receive and register for a course and visit our DER training page.

References:

[1] https://www.transportation.gov/sites/dot.gov/files/docs/ODAPC_Employer_Guidelines_%20June_1_2015_A.pdf

[2] https://www.transportation.gov/sites/dot.gov/files/docs/ODAPC_Employer_Guidelines_%20June_1_2015_A.pdf

[3] https://www.transportation.gov/odapc/part40QA/40_3

[4]

[5] https://www.transportation.gov/sites/dot.gov/files/docs/ODAPC_Employer_Guidelines_%20June_1_2015_A.pdf 

[6] https://www.transportation.gov/odapc/part40

Open full page

When a United States Department of Transportation qualified breath alcohol technician (DOT BAT) is faced with testing an employee for alcohol, how does the DOT BAT ensure safety and security during the testing process? What if the employee refuses to provide a sample over concerns about contracting the virus?

ODAPC has repeatedly reinforced during the pandemic that “it is the employer’s responsibility to evaluate the circumstances of the employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i).” Thus, in a novel, COVID-related situation like this, the ultimate authority to determine a refusal will be up to the employer. Here are some techniques to prevent the spread of and overcome objections:

Utilize a Disposable Saliva Test

The DOT has approved certain saliva tests for alcohol screening, known as Alcohol Screening Devices (ASDs).[1] These are the preferred method for alcohol testing during the pandemic as they do not generate “significant respiratory droplets or bio-aerosols.”[2] These devices are capable of screening for the presence of alcohol in an initial screening. If the result is negative, then the test is complete. If the screening is non-negative, then the employee must be tested again using an Evidential Breath Testing Device (EBT Device) which uses breath (there are currently no alcohol tests approved by the DOT which can perform confirmation tests). Note that, per 49 CFR Part 40.213, the technician who conducts any alcohol test must be trained in the use of the device before the technician can conduct the test, even if the technician already qualifies under a different device.[3]

Sanitize

Cleaning and sanitizing a breath alcohol device is not impossible. While many manufacturers discourage the use of alcohol-based disinfectants (some going so far as voiding warranty) in or around the intake, many others are just fine to use an alcohol-based solution to sanitize the surface of the device.[4] Check with your EBT manufacturer to be sure. In the alternative, an antimicrobial cleaner or disinfectant that doesn’t contain alcohol may be used. In any case, if you do use an alcohol-based disinfectant, you will need to wait for any residual alcohol to dissipate and for the surface to dry. Depending on how much you used and the surface of the device, this could take as little as 15 minutes or as long as an hour or more. An Evidential Breath Testing Device (EBT Device) approved by NHTSA will run an air blank to check if there is any residual alcohol before a test can be completed. That is your final check to be sure there is no residual alcohol.

Follow Procedures

The breath testing procedure, well before COVID, provided for a fairly secure method of preventing contraction or cross-contamination. In particular, the mouthpieces are each individually sealed and disposable and designed to be used only once. In a recent study, the manufacturer Lifeloc announced that it had simulated a test with a highly infected test subject and found that there were “no detectable viruses with the FC Series and L Series units” and thus a subsequent subject, according to the study, did not present the risk of contraction.[5]

Limit Contact:

  1. The BAT should be wearing a mask and following local, state, and federal guidelines whenever possible including ensuring safe distances and sanitization of points of contact in the facility (doorknobs, pens, counters, etc.).
  2. The BAT will utilize a new set of gloves for each test.
  3. BATs should not touch the end of the mouthpiece, even with gloves, that the employee will breathe into. This includes before and after the test.
  4. Do not allow the employee to touch the device itself and provide instructions in advance of testing to this effect.
  5. Also, do not allow the employee to touch any unopened mouthpieces except the one(s) to be used in the test
  6. The employee should also wear a mask when not performing the test.
  7. The BAT should utilize the ejection tab on the device, rather than pulling the mouthpiece off manually, and eject the used mouthpiece directly in the trash receptacle.
  8. Ensure that the outflow of breath from the device is facing away from the BAT.
  9. The BAT should wear a face shield or other eye protection in addition to a mask, ideally an N95.

Following these procedures as well as CDC guidance, a technician can mitigate a substantial amount of contraction risk during the process between the technician and the employee tested. An alcohol test is an extremely time-sensitive test, so a rescheduled test is likely to place the employee well outside of the detection window. Thus, a significant interest in safety is implicated in encouraging the test to be completed, but if testing sites are not taking sufficient safety precautions, the employer is well within their rights to reschedule a test rather than consider a failure to test a refusal.[6] All other regulations still apply.

References:

[1] See, e.g.,

[2] http://acoem.org/COVID-19-Resource-Center/COVID-19-Q-A-Forum/What-are-the-occupational-medicine-guidelines-for-conducting-BATs-in-light-of-the-COVID-19-pandemic

[3][3] 49 C.F.R. Part 40.213. For training on the use of an

[4] See, e.g., https://lifeloc.com/covid

[5] (Noting that only Lifeloc devices were tested).

[6] https://www.transportation.gov/odapc/compliance-with-dot-drug-and-alcohol-testing-regulations

Open full page

Hair follicle testing, or what most call a hair drug test, detects illicit drugs, alcohol, or date rape drugs in a person's system. The test can identify substances like marijuana, cocaine, methamphetamine, ecstasy, phencyclidine (PCP), and opiates such as morphine.

The accuracy of the results is high, covering up to 90 days of drug use, and the sample collection process is easy to observe, minimizing the possibility of sample tampering, which is common with urine testing.

Hair samples about an inch and a half long are collected, representing three months of growth. The drug concentration in the hair increases as it grows, with the drug closest to the scalp indicating recent drug use. A positive test result usually requires at least three instances of drug use. This method is reliable since there is no way to manipulate the sample once it has been taken.

Open full page

Hair dye will not typically result in a negative drug test. Hair drug tests are designed to analyze the chemical structure of the hair for traces of drugs and their metabolites, which become embedded in the hair shaft as it grows. While hair dye can change the color and appearance of hair, it generally does not affect the presence of drug metabolites within the hair shaft itself.

However, some hair treatments, such as bleaching or heavy chemical processing, might potentially impact the hair sample's integrity and affect the test results. It is important to note that most standard hair dyeing processes do not interfere with the detection of drugs.

For accurate results, always inform the testing facility about any hair treatments you have recently undergone, including dyeing or chemical treatments. Proper drug and alcohol testing training ensures that technicians are aware of these factors and can account for them during the testing process, maintaining the reliability and accuracy of the results.

Open full page

Certain medications can result in false positives on drug tests. A false positive occurs when a drug test detects the presence of a substance that is chemically similar to an illicit drug, even though the individual has not used the illicit drug. Here are some common examples of medications and the substances they might be mistaken for:

Over-the-counter medications

  • Pseudoephedrine (found in cold medications) can be mistaken for amphetamines.
  • Ibuprofen (used for pain relief) has been known to cause false positives for THC, the active ingredient in marijuana.

Prescription medications

  • Antibiotics such as amoxicillin can sometimes cause false positives for cocaine.
  • Antidepressants like sertraline (Zoloft) can result in false positives for benzodiazepines or LSD.
  • ADHD medications like methylphenidate (Ritalin) can be mistaken for amphetamines.

Other substances

  • Certain antiretroviral drugs used to treat HIV can cause false positives for marijuana.
  • Quinolone antibiotics can sometimes be mistaken for opiates.

When a drug test yields a non-negative result, it may be reviewed by a Medical Review Officer (MRO). An MRO is a licensed physician responsible for interpreting and evaluating test results, considering any legitimate medical explanations for a positive result. The MRO will review the individual's medical history, prescription medications, and other relevant information.

Proper drug and alcohol testing training is crucial for technicians to interpret test results and identify potential false positives correctly. While technicians can perform initial screenings, only Medical Review Officers (MROs) have the authority to determine if a result is a false positive or a legitimate non-negative.

An MRO is a licensed physician responsible for interpreting and evaluating test results in the context of an individual’s medical history, prescription medications, and other relevant factors are needed to ensure that any positive test result due to legitimate medications or other substances is accurately identified and that individuals are not unfairly penalized. Confirmatory testing, such as gas chromatography-mass spectrometry (GC-MS), is also used to verify initial test results and eliminate the possibility of false positives.

Open full page

Drug and alcohol training has become pretty common across the board these days. Most businesses have a policy detailing their stance on alcohol and drug use on the property. Most also practice random drug testing to create a safer workplace for employees and a better customer environment. However, some people require something a bit more – DOT drug and alcohol training.

Drug and Alcohol Training For Those in Authority

This type of training is designed for managers, supervisors, team leaders, and others in positions of authority within the workplace. This applies to all transportation companies, regardless of the number of employees, including companies with fewer than 50 covered employees. Of course, it’s a good idea for all employees to go through this type of training if it’s financially feasible for the company.

What Does It Cover?

According to the FMCSA (Federal Motor Carrier Safety Administration), “each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and at least 60 minutes of training on controlled substance use. The supervisors will use this training to determine whether reasonable suspicion exists to require a driver to undergo testing.”

In terms of topics covered, DOT drug and alcohol training should provide students enrolled in the course with information concerning the speech, physical, performance, and behavioral indicators of alcohol or drug misuse in the workplace. Once the 120 mandated minutes of training is completed, students are not required to repeat the course.

Training Types

There are numerous types of DOT drug and alcohol training beyond previously mentioned, called “reasonable suspicion training.” In addition, there is breath alcohol training, certified urine specimen collector training, train-the-trainer courses, and drug-specific courses.

Determine Your Needs

Because there are so many different options in terms of available DOT drug and alcohol training, it’s important to understand the requirements that apply to you. If you’re a manager or supervisor within a transportation company, then reasonable suspicion training will be required. However, if you’re considering a career in this field, you’ll find that other training options are necessary depending on your specific goals (breath alcohol technician, certified urine specimen collector, etc.).

In addition, you’ll need to choose the course delivery method that fits your needs. While conventional classroom learning is available, online courses are preferable. They’re faster, more affordable, and deliver the same quality education.

Open full page

There are numerous career possibilities within the field of DOT drug testing. Transportation companies are under a significant burden to ensure their employees are drug and alcohol-free, and the US government's regulations mean constant work in this area. That kind of demand means you can have your pick of employers or even start your own business. The first step is to become qualified. How do you become DOT certified to become a drug testing sample collector?

What's a Sample Collector?

Given the job title, a sample collector does what you imagine. It is this individual's responsibility to collect urine samples for testing at the laboratory. However, there's more to it than just handing over a plastic cup to DOT company employees – a good deal more.

Sample collectors must be familiar with several things, including the following:

Employees: You'll be responsible for dealing with the actual employees providing the sample. You need to be able to provide them with the information necessary to complete the process and obtain their identification.

Inspection: People will try many things to pass a drug test. You are the last line of defense here. You'll have to ask employees contributing samples to empty their pockets, check the contents for anything that might interfere with the sample, ask them to leave briefcases and purses outside, and possibly even supervise the sampling process.

Records: Sample collection requires a good bit of record-keeping and organization. Samples must be labeled per industry standards and documented at several steps along the way to the lab.

Proper Training

Training and certification are the first steps in becoming DOT-qualified to become a drug testing sample collector. This can be tricky – ensure the training provider you choose specializes in training DOT sample collectors. Non-DOT drug testing is very different, and the training process is not the same.

With the right education provider, you'll have everything you need to become DOT certified and a drug testing sample collector.

Open full page

Do you employ safety-sensitive workers that must have DOT drug and alcohol tests, such as those who manage drivers or railroad workers? Do you manage a DOT drug or alcohol testing program? If the answer is yes to either of these questions, then it is likely that your managers or supervisors will require reasonable suspicion training [1].

What is Reasonable Suspicion Training?

Reasonable suspicion training, or reasonable cause training, helps a person understand the symptoms of drug and alcohol use. If a company employee in a managerial position suspects an employee is under the influence of alcohol or drugs, the supervisor must have been previously trained to detect the signs of drug use to order a DOT exam [2].

What are the Requirements for Drug Testing an Employee Once a Supervisor Has Become Suspicious?

Part of the reasonable suspicion training will include not only noticing the signs of drug use, but also how a manager must approach conducting a test for drugs or alcohol.  That process will look something like this:

  • A trained supervisor (or company official) suspects an employee is on drugs or intoxicated by noting appearance, behavior, speech, or smell indicative of drug or alcohol use.
  • The trained supervisor must then consult another trained supervisor or company official for collaboration. This second company official does not need to be on-site; however, at least one of the DOT-trained supervisors must be on the premises with the employee.
  • Then, and only then, can the supervisor that is present at the situation document his or her observations and make the decision to drug or alcohol test an employee.

Why Do My Supervisors Need Reasonable Suspicion Training?

In short, a company is required to test an employee if the manager observes signs that the employee is under the influence [3]. If the training has not been conducted, an otherwise competent supervisor may make mistakes that the company would then be liable for. Some of those mistakes include:

  • Failing to properly notice that a person may be under the influence of drugs or alcohol. [4]
  • Incorrectly making the call to drug test an employee based on a complaint from another person or an email or phone tip from a source that is not a trained supervisor.
  • Failing to document the process that leads the supervisor to their conclusion that the employee may be under the influence of drugs or alcohol.
  • Incorrectly identifying the correct and specific observations a supervisor (or company official) MUST make before recommending a drug test be done.
  • Failing to consult a secondary company official.

FMCSA 49 CFR Part 382.603 makes it clear that the legal requirement is 60 minutes of both drug and alcohol misuse training [5] to be considered trained for reasonable suspicion. Because the time commitment is so minor, there is not a reason not to get your supervisors trained as soon as possible.

Open full page

Methamphetamine is a Dangerous Drug

Also called crystal methamphetamine, or simply crystal meth, methamphetamine is a fairly recent discovery in the world of illegal recreational drugs. As a DEA Schedule II drug, it is recognized that methamphetamine has medical uses, but it also carries a very high risk of abuse and addiction. In this overview, we will discuss the historical background of methamphetamine and where it came from, as well as other details about the drug, its most common street names, side effects associated with it, and what users feel when they abuse it.

The Historical Background of Methamphetamine

While amphetamine was first synthesized in the late 19th century, it was not until 1919 that crystal methamphetamine was first created in Japan. Because of its crystalline structure, methamphetamine was soluble in water, making it an ideal drug for injection.

Methamphetamine use gained popularity, and both the Axis and Allies prescribed it to their troops to keep them awake and alert on the battlefield. The Japanese were especially known for giving it to their Kamikaze pilots, but after the war they made it available to the general public in their country, as well.

After World War II, while Japan was experiencing an epidemic of methamphetamine abuse by injection, in the United States, methamphetamine was prescribed as a weight loss aid. Likewise, college students were using it to stay awake to study, and it gained popularity with athletes and long-haul truck drivers, too.

It was not until the 1970s that methamphetamine use became illegal for almost all purposes. Since then, however, thanks to outlaw motorcycle clubs in the US and Mexican drug cartels, there are now massive labs cooking methamphetamine and distributing it across the US on a daily basis.

Details – What Is Methamphetamine?

When encountered on the street, methamphetamine is usually found as a white crystalline powder that has no odor but has a bitter taste. Users may get high by snorting, smoking, or injecting it. While injection is the fastest delivery system, smoking and snorting are also highly effective and can get the drug to the brain very quickly, where it releases dopamine, giving the user a feeling of extreme pleasure.

Street Names for Methamphetamine

Methamphetamine is often referred to on the street as:

  • Crystal meth
  • Ice
  • Meth
  • Crystal
  • Glass
  • Speed
  • Crank
  • Fire
  • Stove Top
  • Cristy
  • Biker’s Coffee
  • Hot Ice

Side Effects of Using Methamphetamine

Like other Schedule II drugs, methamphetamine has a number of dangerous side effects, including but not limited to:

  • Psychosis
  • Paranoia
  • Memory loss
  • Violent behavior
  • Extreme weight loss
  • Extreme mood swings
  • Increased heart rate and/or blood pressure
  • Permanent change in brain structure and/or function
  • Hallucinations
  • Physical dependency

Like any other intravenous drug, users who choose to inject methamphetamine also run a higher risk of contracting a blood-borne disease, such as HIV, Hepatitis, and others.

What Does the High From Methamphetamine Feel Like?

So what does it feel like to get high on methamphetamine? Basically, dopamine is closely linked to the brain’s reward center. The natural release of dopamine makes you feel good as a reward for doing something good for your mental or physical health, such as exercise. When a user takes methamphetamine, their brain will be flooded with dopamine, and they will feel a heightened sense of euphoria while the stimulant makes them feel more awake and alert than usual at the same time.

Especially with extended use, though, a methamphetamine high can include dramatic mood swings, sweating, itching, and scratching or picking at actual or perceived sores on the skin. Repeated use will lead to addiction and dependency.

Methamphetamine is increasingly becoming an issue for the American people. Becoming a certified DOT supervisor helps to ensure that methamphetamine is not present in many industries that are vital to the country. Contact us today at Drugtestingcourses.com to get started on your DOT certification training.

Open full page

Drug tests are used to detect the presence of illegal or prescription drugs.[1] Employers may require job applicants and employees to submit to drug testing either during the hiring process or after being hired. There are several reasons to test, the most common reasons include: pre-employment, random, reasonable suspicion/for-cause, and post-accident drug testing. Unique to post-substance use and abuse treatment programs, employers may test before an employee returns to duty and as part of a follow-up program overseen by a substance abuse professional.

Drug testing laws vary from state to state, so employers must be diligent in efforts to ensure compliance with applicable state and/or federal laws.

The United States Department of Transportation (“DOT”) drug and alcohol testing regulations do not address who is responsible for paying for drug or alcohol testing in most circumstances.[2] The employer and the employee can bargain and agree as to which party is to pay for the drug or alcohol test.[3] However, when a split specimen test is requested, an employer must order the test, likely at its own expense, and then seek payment or reimbursement from the employee if the employee was responsible for paying for the test.[4] However, the employer must still make sure that the test is conducted as requested regardless of whether the employee pays for the test or not.[5]

Drug and alcohol testing programs not subject to federal regulations like the DOT are subject to the applicable state law. There is no uniform drug and alcohol testing law across the United States and thus the rules vary from state to state, making compliance challenging. For example, in the State of Florida, an employer who has adopted the state’s voluntary drug-free workplace program for workers’ compensation insurance premium discounts is required to cover the cost of all employee drug tests required by the employer.[6] The statute covers both initial and confirmation drug tests required by the employer.[7] In Florida, an employee or job applicant is only required to pay for any additional drug tests that are not required by the employer if the employer is participating in the voluntary drug-free workplace program.[8] However, an employer may choose to implement a drug-free workplace program and not opt-in to the voluntary program; in so doing, the employer would not be subject to the aforementioned requirements. Under a similar voluntary program in Georgia, an employer is required to pay “the cost of all drug tests, initial and confirmation, which the employer requires of employees.”[9] The employee or job applicant is required to pay for any test that is not required by the employer.[10]

The State of North Carolina makes employers responsible for the initial costs of all drug testing.[11] The North Carolina Administrative Code provides that “[t]he examiner shall pay expenses related to all controlled substance examination except examinee-requested retest.”[12] Therefore, under North Carolina law, the employer cannot make the employee or applicant pay for a drug test unless it involves a retest requested by the employee, just like Georgia and Florida.[13] The law does not seem to distinguish between pre-employment drug tests and random drug tests. Thus, an employer is likely responsible for the costs of drug testing whether the individual is a current employee or a prospective employee. Like the State of North Carolina, Maryland allows employers to require employees to submit to drug tests and all expenses should also be assumed by the employer.[14] Under Maryland law, a person is required to pay for any independent test conducted for the purpose of verification.[15] However, Texas law leaves it up to the employer to determine who should bear the cost of pre-employment testing.[16] The Texas Workforce Commission cautions employers who shift that burden to be cognizant of other indirect impacts which may lead to concerns with the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor.[17]

Employers who are considering whether to charge their employees for a drug or alcohol test must first determine whether the test is federally regulated or regulated by state law. DOT regulations, for example, leave that to the employer and, if applicable, collective bargaining. If regulated under state law, is the program subject to the strict requirements of a voluntary drug-free workplace policy, subject to no state regulation, or some state regulation? In addition, even if the law allows an employer to place the burden of the test on the employee, if its implementation creates a noticeable negative impact on protected classes, the EEOC and the Department of Labor may act to prohibit it. Any such change to a policy should be made in consultation with an experienced employment law attorney.

References:

[1] Drug Testing, MedlinePlus, https://medlineplus.gov/lab-tests/drug-testing/ (last visited Aug. 17, 2020). [2] Frequently Asked Questions, U.S. Dep’t Transp., https://www.transportation.gov/odapc/faq#Who-pays-for-the-DOT-drug-or-alcohol-test-or-SAP-recommended-treatment-education-the-employer-or-employee (last visited Aug. 16, 2020); but see, 49 CFR § 40.173 (2020) (indicating that an employer must order a split specimen test once an employee requests it, even if that means the employer pays for it and, if the employee was responsible for payment, the employer would need to seek reimbursement from the employee). [3] Id. [4] See, 49 C.F.R. § 40.173. [5] Id.  [6] Fla. Stat. Ann. § 440.102(5)(m) (2020). [7] Id.    [8] Id.(this may come into play when an employee tests positive on a confirmation test, but wishes to have the sample sent to another laboratory for re-testing to attempt to establish that the result was erroneous).   [9] O.C.G.A. § 34-9-415(d)(10) (2020).  [10] O.C.G.A. § 34-9-415(d)(11). [11] See 13 N.C. Admin. Code 20.0601 (2020). [12] Id. [13] Id.   [14] Drug Testing – The Maryland Guide to Wage Payment and Employment Standards, Md. Dep’t Labor, https://www.dllr.state.md.us/labor/wagepay/wpdrugtest.shtml (last visited Aug. 17, 2020). [15] Md. HEALTH-GENERAL Code Ann. § 17-214(e)(2020). [16] See, e.g., Texas Workforce Commission, “Drug Testing in the Workplace” https://www.twc.texas.gov/news/efte/drug_testing_in_the_workplace.html (last accessed Oct. 3, 2020) (providing that, “[p]re-employment drug testing is something that some employers choose to do for applicants. It is not regarded under the ADA as a medical examination, so it may be done at any point of the selection process, but due to cost issues, most companies restrict such testing to the final candidates for a position. Regarding the issue of who pays for the test, most companies assume that burden. Texas and federal law do not have specific provisions one way or the other, but if requiring an applicant to pay for a pre-employment drug test would have the effect of discouraging minority applicants, or else effectively result in less than minimum wage for the employee’s first paycheck, EEOC and/or the U.S. Department of Labor may have concerns under EEO or minimum wage laws. It would be best to let doubtful cases be reviewed by employment law counsel prior to such testing. Even though drug tests themselves are not covered by the ADA, the results from such tests are considered medical records and should be kept in a separate, confidential medical file just as other types of medical records must be maintained under the ADA”). [17] Id.

Open full page

When most people think of anabolic steroids, they think of bodybuilders and weightlifters attempting to gain strength and mass. Do you know what anabolic steroids actually are, though? And do you know how they can be used, misused, and abused?

As a DEA Schedule III substance, anabolic steroids have known and accepted medical uses and they have relatively low-risk levels for abuse and/or dependency. Other drugs besides anabolic steroids on this schedule include ketamine, products with fewer than 90 mg of codeine, and others. Basically, if you have a prescription for anabolic steroids and you are in possession of no more than the prescribed, proper amount of the drug, you will be in no danger of criminal charges. However, there are ways in which people illegally abuse anabolic steroids every day.

Drug Details – What Are Anabolic Steroids?

The actual proper term for anabolic steroids is “anabolic-androgenic steroids.” These are variations that are synthesized to mimic testosterone, the male sex hormone. As far as what anabolic steroids do, the term “anabolic” refers to muscle growth, while the term “androgenic” refers to an increase in male sex traits.

Anabolic steroids are often prescribed by physicians and other healthcare providers to treat a number of conditions, including hormonal deficiencies or imbalances, muscle loss, and others. Those who abuse anabolic steroids generally do so to boost their performance in their sport or career or to gain a more muscular physique.

A Brief History of Anabolic Steroids

In terms of scheduled drugs, anabolic steroids are relatively new. In the 1930s, scientists synthesized male sex hormones to help men produce more of the hormone to achieve normal growth and development.

A few years later, scientists discovered that malnourished soldiers fighting in World War II could gain weight and improve their endurance and performance when given these synthetic hormones. After this discovery, athletes began using synthesized testosterone as performance-enhancing drugs leading up to competitions.

After observing the Soviet athletes’ vastly improved performance in the 1956 Olympic Games, Dr. John Bosley Ziegler, an American physician, created a more focused and selective type of synthetic hormone, and anabolic steroids as we know them today were born. From then until the early 1970s, steroid use went unchecked, and not just for Olympic athletes. Professionals and even high school athletes were using them, as well. However, in 1975, the IOC (International Olympic Committee) banned steroid use for all athletes.

This, of course, did not stop black-market steroid sales. Steroid use was still so popular that the US Congress was forced to pass the Anabolic Steroid Enforcement Act of 1990, which – among other things – made anabolic steroids a DEA Schedule III substance.

Street Names for Anabolic Steroids

Some prevalent street names for anabolic steroids include:

  • Juice
  • Pumpers
  • ‘Roids
  • Gym Candy
  • Steroids

Market names for these drugs include:

  • Oxandrin
  • Depo-Testosterone
  • Anadrol
  • Durabolin
  • Equipoise

Side Effects of Using Anabolic Steroids

Just a few of the potentially harmful side effects of anabolic steroids are:

  • Shrunken testicles
  • Testicular cancer
  • Low sperm count
  • Breast growth
  • Infertility
  • Sexual dysfunction
  • Aggressive or violent behavior (often called “roid rage”)
  • Male-pattern baldness (in both men and women)
  • Changes in menstrual cycle
  • Stunted bone growth (for developing teens)

What Does the High From Anabolic Steroids Feel Like?

Unlike other scheduled substances, there is not a “high” that goes with taking anabolic steroids. Those who abuse steroids generally enjoy faster recovery after hard training sessions and more muscle growth and development in less time.

Open full page

Dextromethorphan – more commonly called DXM – is an FDA approved substance that is the active ingredient in most over-the-counter cough medicines. When taken according to the instructions on the label, it is considered safe and effective for suppressing coughs and allowing those suffering from congestion to get some rest and relief. Some users take DXM in excess, though, and this can be highly dangerous.

Drug Details – What Is DXM?

DXM is the main ingredient to suppress coughing in most over-the-counter cough and cold medicines. Like ketamine and PCP, it falls in the category of dissociative anesthetics. This makes it highly effective in small doses, giving an anesthetic effect to calm a persistent cough and relaxing the user so that they can rest and recover.

Unlike other drugs, DXM has only one known delivery system – swallowing. Those looking to abuse the drug may buy it as cough medicine and ignore the recommended dosage. It is also available in pure powder form, which is most often found on the Internet or on the street.

Another thing that sets DXM apart from other illicit drugs is that the DEA does not schedule it. However, some cough medicines (those with “less than 200 milligrams of codeine per 100 milliliters”) are DEA Schedule V drugs. Thus, some medicines containing DXM may be scheduled, although DXM is not. In most cases, though, DXM is used as a substitute for codeine in cough medicine, so most Schedule V cough suppressants do not contain DXM.

A Brief History of DXM

DXM was first synthesized and used in cough medicine in the 1950s. As we mentioned a moment ago, it was first developed to replace codeine in these drugs, as there had been a rise in the abuse of cough medicines containing codeine. There was no known abuse of DXM for a few years, but by the 1960s, there had been some reports of abuse.

DXM abuse did not become widespread until the late 1990s. At that time and since then, most users seem to be adolescents seeking an easily accessible high. DXM is inexpensive, readily available, and unscheduled, making it potentially the easiest mind-altering substance for teens to get their hands on.

Open full page

When you think of illicit drugs or drugs that people are likely to abuse, you may not immediately think of glue, paint thinners, or whipped cream dispensers. However, these products all fall under the category of inhalants. This overview will explore in more detail what inhalants are, how and why they are abused, their background, and more.

Drug Details – What Are Inhalants?

While a number of different illicit drugs can be snorted or inhaled, the term inhalants specifically refer to a variety of otherwise legal substances that are almost exclusively abused by inhaling them. These include solvents, aerosols, nitrites, gasses, and others. In general, inhalants were not created to be consumed as drugs (or at all), and so they are not typically considered drugs or controlled substances. However, when purposefully inhaled, these products become dangerous drugs.

So how and why do people abuse inhalants? Essentially, many of the normal products you will find around your home or office contain ingredients that have mind-altering qualities. Typically, teens, children, and others looking for an easily accessible, the inexpensive high will abuse inhalants like markers, spray paint, adhesives, and others.

A Brief History of Inhalants

Believe it or not, inhalants go much further back in history than the invention of aerosol cans and permanent markers. There is some evidence that people in India, China, Egypt, and throughout the Middle East inhaled a number of different types of gas vapors to achieve an altered state. In fact, there is a common theory that the Oracle of Delphi priestesses gained their visions from getting high inhaling psychoactive substances.

In the late 18th and early 19th centuries, ether, nitrous oxide, and chloroform were all popular anesthetics. Noting the altered state that nitrous oxide-induced, Sir Humphry Davy, a British scientist, touted nitrous oxide as an inexpensive alternative to alcohol and coined the term “laughing gas”.

It wasn’t until the 1940s that many people in the US began recreationally inhaling solvents and other household inhalants. That trend has continued and is still prevalent today.

Street Names for Inhalants

Some of the most common street names for solvents include:

  • Laughing gas
  • Poppers
  • Whippets
  • Snappers

The practice of abusing inhalants is often called huffing, and some of the most commonly abused chemicals include amyl nitrite and toluene, in addition to nitrous oxide.

Side Effects of Using Inhalants

Using inhalants can produce a number of different negative side effects, including but not limited to:

  • Loss of coordination
  • Slurred speech
  • Dizziness
  • Lightheadedness
  • Delusions
  • Addiction
  • Nausea and vomiting
  • Liver and/or kidney damage
  • Damage to bone marrow
  • Impaired hearing
  • Impaired memory
  • Limb spasms
  • Permanent brain damage

In addition to the psychoactive effects of huffing certain chemicals, inhalants also get users high by depriving their brains of oxygen. Too much oxygen deprivation can not only lead to permanent brain damage but may actually be fatal.

What Does the High From Inhalants Feel Like?

The high from inhalants is short-lived. Huffing from a spray paint can or whipped cream dispenser can result in about 30 seconds to a minute of feeling high. That high usually does not come with hallucinations, but the user may feel a full-body buzz, and sound and sight may be distorted. In most cases, users will not just huff a product once or twice but continue to inhale repeatedly each time the high wears off.

Because inhalants are found in households, offices, and workplaces across the country and have perfectly legal and reasonable uses, the DEA does not schedule them. However, they should still be considered highly dangerous.

Open full page

Mescaline is an Ancient Hallucinogen

Perhaps one of the oldest hallucinogens in the world, there is evidence of mescaline (also known as peyote, the cactus from which mescaline is derived) use dating back as far as 4000 BCE. It was not always used for its hallucinogenic properties, though, as peyote actually does have some antiseptic qualities, as well. Despite this, today, mescaline is listed with the DEA’s Schedule I drugs, meaning that it has no recognized medical uses and poses a high risk for abuse and dependency.

Details – What Is Mescaline?

The peyote cactus grows in hot, arid climates and is indigenous to central Mexico, the southwestern regions of Texas, and some other areas in the southwestern United States. Mescaline is derived from the disc-shaped “buttons” that grow on the crown of the plant. These are harvested and dried, after which they may be chewed or they can be made into a tea.

A dose of mescaline is usually between 0.3 and 0.5 grams, and at about 0.1 gram of mescaline per gram of dried peyote, users will take between three and five grams of peyote to get high. This high will generally last for about 12 hours, during which the user can expect a number of intense visual hallucinations.

Also, though many users prefer “natural” mescaline, the drug may also be synthesized and will have the same effects when taken in powder form. This drug may be taken by ingestion or smoking.

The Historical Background of Mescaline

As we mentioned earlier, peyote (mescaline) is one of the oldest known psychedelic drugs in the world. Ancient Aztecs considered it a magical substance and used it in a number of religious and spiritual rituals. It was also used to treat various illnesses, and to communicate with the dead.

Because Native American people have used peyote for thousands of years in their rituals, in 1918, when their right to use the drug was threatened, they formed the Native American Church. This gave them the legal right to use the drug in their ceremonies until 1990, when the US Supreme Court passed down a decision effectively banning the drug, even in this limited capacity.

Street Names for Mescaline

There are a few different street names for mescaline, including:

  • Peyote
  • Buttons
  • Cactus
  • Mesc(s)
  • Big Chief
  • Mescalito
  • Topi
  • Mescal
  • Tops

When mescaline is combined with MDMA, it is called “snackies”.

Side Effects of Using Mescaline

Some of the most common side effects of using mescaline include:

  • Nausea and vomiting
  • Diarrhea
  • Dizziness
  • Tachycardia (rapid heart rate)
  • Increased blood pressure
  • Anxiety
  • Headache
  • Muscle weakness
  • Impulsive behavior
  • Mood swings
  • Tremors

Though it is not physically addictive, mescaline can be psychologically addictive, and prolonged use can result in permanently altered brain chemistry and physical and mental health problems. In most cases, vomiting and/or diarrhea result from the body’s reaction to the cactus, not specifically to the mescaline.

What Does the High From Mescaline Feel Like?

The high from mescaline can be compared with the high from LSD and other strong mood-altering hallucinogens. However, unlike many of these other substances, mescaline high can last up to 12 hours, and the effects of the high can continue for even longer. Hallucinations can be mild or intense and may last for several hours. Moods can change quickly, and a good trip can become a nightmare in minutes.

As a Schedule I drug, mescaline possession and/or distribution can come with serious criminal charges and extensive prison time. This drug may have been used for thousands of years, but that does not make it less dangerous to your mental or physical health.

Open full page

Perhaps one of the most infamous drugs on the streets today, heroin is a DEA Schedule I substance. It has “no currently accepted medical use and a high potential for abuse.” An opioid, heroin, is highly addictive and can be extremely detrimental to a user’s mental and physical health. This overview should give you a complete understanding of heroin, where it comes from, what it is, and other important information about the substance and its use.

The Historical Background of Heroin

Heroin’s historical background is a bit convoluted, as it begins with opium, derived from opium poppies and used as far back as 3400 BCE by Persians and Egyptians. Its pain-relieving qualities were recognized in Europe and the United States in the 18th century, but physicians soon discovered just how addictive opium was.

To try to get the pain-relieving qualities of the substance without the detrimental effects, researchers synthesized morphine and codeine from opium in the early 19th century. Unfortunately, morphine proved to be just as addictive as opium, and by the mid-19th century, physicians were looking to synthesize a substance that would not be as addictive, and that would help morphine abusers get off the drug.

While it has no accepted medical value today, heroin was first synthesized in 1874 by a chemist in England to stop morphine abuse. Unfortunately, it, too, was found to be highly addictive, and users moved from abusing morphine to abusing heroin.

Details – How Is Heroin Used?

Heroin can be used in a number of ways, including:

  • Snorting
  • Smoking
  • Injection

Though injection is the most direct route, both snorting and smoking heroin will also deliver the substance to the brain very quickly. This fast delivery time, and the instant gratification that goes along with it, is believed to be a major factor in heroin’s high addiction risk and its incredible health risks.

Street Names for Heroin

Some of the most common street names you will hear for heroin include:

  • Horse
  • Smack
  • H
  • Skag
  • White horse
  • China white
  • Dope
  • Brown sugar
  • Mud
  • Junk

Side Effects of Using Heroin

Heroin has numerous side effects and damaging effects on the body and brain. Some of the most common acute, temporary side effects include:

  • Drowsiness and/or sedation
  • Dizziness
  • Nausea
  • Coordination impairment
  • Confusion
  • Breathing problems

Other health risks include:

  • Constipation
  • Cardiovascular problems
  • Contracting hepatitis, HIV, and other bloodborne pathogens
  • Addiction
  • Overdose

When heroin travels through the bloodstream to the brain, the body converts it back into morphine, and the brain’s opioid receptors take it up. Heroin use affects the brain dramatically, as these receptors are also linked to the brain’s pain and reward perception centers.

An overdose of heroin will almost always result in the depression of the body’s breathing functions, causing the user to stop breathing, or causing their breathing to slow dramatically. Even a non-fatal heroin overdose can result in long-term effects, such as brain damage or coma.

What Does the High From Heroin Feel Like?

Heroin users report having a state of complete euphoria and relaxation. Some have hallucinations, but most report that the experience is very tactile. The sense of touch is far more intense, but many users will nod off and dream for most of the experience.

Though the high of heroin is very intense and pleasurable to most users, it is important to keep in mind just how dangerous this drug is. Heroin is one of the deadliest of all Schedule I substances and should not be used recreationally.

Open full page

Opium is Highly Addictive

Like heroin, opium is an opioid, but while heroin is a DEA Schedule I drug, opium appears lower on the list, as a Schedule II, III, and V drug. It is highly addictive, and users report that it has a very intense high. Suppose there was ever an argument against “natural” drugs being better and healthier than synthetic drugs. In that case, that argument is opium, as it is very dangerous and can lead to a number of serious physical and mental health problems. In this overview, we will walk you through opium’s background, what it is, how it works, and other details, such as street names and side effects. With this information, you should better understand exactly how dangerous opium is.

The Historical Background of Opium

Opium has played a prominent role throughout history across the world. The earliest recorded use of opium is from 3400 BCE, in southwest Asia by the Sumerians, who derived it from the opium poppy. There, it was called “Hul Gil”, which meant “joy plant.” Traveling Sumerians introduced Assyrians to the drug, and they, in turn, introduced it to the Egyptians. Its popularity continued to spread throughout Asia and Europe. Thanks to the Silk Road, opium was a constant factor all over Europe by the 19th century.

Details – What Is Opium?

So how is opium made, and what exactly is it? To create opium, manufacturers take unripe seed pods from opium poppies (Papaver somniferum) and slit them open. The sap from the pods then seeps out, dries, and hardens into yellowish-brown latex. This latex, which is then scraped from the pods, is opium.

It may be surprising to some that opium is not a Schedule I drug, but because morphine and codeine can be derived from it, it does have some recognized medical uses. Why would it be added to multiple schedules, though? Essentially, the amount of opium a person is holding will determine whether a drug is Schedule II, III, or V. Thus, it is possible to have a very small amount of opium (e.g., codeine or morphine) on one’s person legally, as in the case of prescription narcotics.

Street Names for Opium

Opium is not as popular as heroin, so it does not have as many street names. However, you may hear opium referred to as any of the following:

  • Black stuff
  • Laudanum
  • Block
  • Hop
  • Big O
  • Paregoric
  • Gum

Side Effects of Using Opium

Many of the side effects of using opium are similar to those of heroin use. Common short- and long-term side effects include:

  • Drowsiness and/or sedation
  • Mood swings
  • Anxiety
  • Exhaustion
  • Respiratory depression
  • Nausea and/or vomiting
  • Constipation
  • Sweating
  • Seizures
  • Memory problems
  • Paranoia
  • Insomnia
  • Itching
  • Delusions
  • Poorer mental health
  • Coma
  • Death

Also, because opium is highly addictive, if a user becomes addicted, they will also experience a number of withdrawal symptoms, including many of the side effects listed above and others.

What Does the High From Opium Feel Like?

The high from opium is very similar to heroin and other opioids. Users generally feel a sense of deep euphoria and relaxation. The sense of touch is often heightened, but other senses may be dulled or otherwise affected, and response times are slowed.

Though opium is not a Schedule I drug, it is still very addictive and dangerous, and misuse and abuse of opium can lead to serious physical and mental problems. Many people with opium addictions become addicted while using prescription pain medication, so it is essential to seek help if you believe that you may be gaining a dependency on opium or any other opioids.

Open full page

Fentanyl is a potent synthetic opioid drug approved by the Food and Drug Administration as an analgesic (pain relief) and anesthetic. It is approximately 100 times more potent than morphine and 50 times more potent than heroin as an analgesic and was first developed in 1959 and introduced in the 1960s as an intravenous anesthetic.

It is legally manufactured and distributed in the United States. Licit fentanyl pharmaceutical products are diverted via theft, fraudulent prescriptions, and illicit distribution by patients, physicians, and pharmacists. From 2005 through 2007, fatal overdoses associated with abuse of clandestinely produced fentanyl and law enforcement encounters increased markedly. According to the Centers for Disease Control and Prevention, there were 1,013 fatal overdoses recorded from April 2005 to March 2007. More recently, there has been a re-emergence of trafficking, distribution, and abuse of illicitly produced fentanyl, with a dramatic increase in overdose fatalities.

What are the common street names?

  • Apache
  • China Girl
  • China Town
  • Dance Fever
  • Friend
  • Goodfellas
  • Great Bear
  • He-Man
  • Jackpot
  • King Ivory
  • Murder 8
  • Tango & Cash

What does it look like?

Fentanyl pharmaceutical products are currently available in the following dosage forms: oral transmucosal lozenges commonly
referred to as fentanyl “lollipops” (Actiq), effervescent buccal tablets (Fentora), sublingual tablets (Abstral), sublingual sprays
(Subsys), nasal sprays (Lazanda), transdermal patches (Duragesic), and injectable formulations. Clandestinely produced fentanyl is encountered either as a powder or in counterfeit tablets and is sold alone or in combination with other drugs such as heroin or cocaine.

How is it abused?

Fentanyl can be injected, snorted/sniffed, smoked, taken orally by pill or tablet, and spiked onto blotter paper. Fentanyl patches are abused by removing their gel contents and then injecting or ingesting these contents. Patches have also been frozen, cut into pieces, and placed under the tongue or in the cheek cavity. Illicitly produced fentanyl is sold alone or in combination with heroin and other substances and has been identified in counterfeit pills, mimicking pharmaceutical drugs such as oxycodone. According to the National Forensic Laboratory Information System, reports on fentanyl (both pharmaceutical and clandestinely produced) increased from nearly
5,400 in 2014 to over 14,600 in 2015, as reported by federal, state, and local forensic laboratories in the United States.

What is the effect on the body?

Fentanyl, similar to other commonly used opioid analgesics (e.g., morphine), produces effects such as relaxation, euphoria, pain relief, sedation, confusion, drowsiness, dizziness, nausea, vomiting, urinary retention, pupillary constriction, and respiratory depression.

What are the overdose effects?

Overdose may result in stupor, changes in pupillary size, cold and clammy skin, cyanosis, coma, and respiratory failure leading to death. The presence of triad of symptoms such as coma, pinpoint pupils, and respiratory depression are strongly suggestive of opioid poisoning.

Which drugs cause similar effects?

Drugs that cause similar effects include other opioids such as morphine, hydrocodone, oxycodone, hydromorphone, methadone, and heroin.

What is the legal status in the Federal Control Substances Act?

Fentanyl is a Schedule II narcotic under the United States Controlled Substances Act of 1970.

Open full page

Marijuana is a common drug in the US;. However, it has recently been legalized for medical use in some areas, marijuana is still an illegal drug in most of the United States. It is also one of the country's most commonly used recreational drugs. To give you a more in-depth understanding of marijuana, in this overview, we will briefly cover the historical background, details (such as uses, etc.), street names, and potential side effects of marijuana use.

Background of the Substance

According to historical documents and other evidence, marijuana has been used for over 2000 years, with the earliest use in China and India. It is believed that the first recorded references to marijuana or cannabis use were in the writings of Shen Nung, the Chinese emperor, in 2737 BCE.

Details – What Is Marijuana?

But what exactly is Marijuana? First, it is DEA Schedule I drug under the category of cannabinoids. According to the National Institute on Drug Abuse, “marijuana refers to the dried leaves, flowers, stems, and seeds from the hemp plant, Cannabis sativa.” When smoked or eaten, marijuana provides a high due to its THC (delta-9-tetrahydrocannabinol) content.

Schedule I drugs include substances or chemicals “with no currently accepted medical use and a high potential for abuse.” Other examples of DEA Schedule I drugs, besides marijuana, include but are not limited to peyote, heroin, LSD, and methylenedioxymethamphetamine (also known as ecstasy).

Though there has been a large movement to prove that cannabinoids have valid medical uses, recent moves to get marijuana removed from the DEA’s list of Schedule I drugs have been unsuccessful.

Street Names for Marijuana

Of course, not everyone who uses or sells marijuana will refer to it by its proper name. Some of the most common street names for marijuana include, but are not limited to:

  • Dope
  • Ganja
  • Weed
  • Herb
  • Mary Jane
  • Pot
  • Green
  • Trees
  • Green trees
  • Skunk
  • Bud
  • Reefer

Because marijuana is often smoked, you may also hear other terms about it, such as:

  • Joint – A marijuana cigarette
  • Blunt – A cigar or cigarillo rolled with a combination of marijuana and tobacco
  • Bong – A water pipe used for smoking marijuana
  • Pipe – A pipe (usually glass) made for smoking marijuana

Side Effects of Using Marijuana

Smoking marijuana is the fastest and most effective means to get THC into the bloodstream. Your blood will then carry the THC to your brain and other organs. Because your brain naturally produces chemicals like THC, it has receptors that will react to the presence of THC in your bloodstream, causing you to feel high.

Some short-term side effects of smoking marijuana include:

  • Changes in mood
  • Lethargy
  • Changes in sense perception
  • Impaired memory and/or problem-solving skills
  • Increased hunger

Long-term side effects of using marijuana can include prolonged memory impairment and/or decreased intellectual capacity, especially if the user begins smoking in their teens before their brain has fully developed. Other long-term side effects include:

  • Breathing problems
  • Cardiovascular problems
  • Decreased life satisfaction
  • Poorer mental and/or physical health

What Does the High from Marijuana Feel Like?

Most users report a feeling of euphoria when smoking or eating marijuana. Some will have hallucinations, while others will have somewhat altered senses for a period lasting between a few minutes and a few hours. Users generally have slower reaction times to stimuli and feel more relaxed and at peace when high.

While many people believe that the recreational use of marijuana is harmless, you can see from this overview that it has several side effects. It is still a Schedule I substance and is illegal in most of the US.

Open full page

Supervisor training is legally necessary, and your entire workplace will benefit from having a competent supervisor that is equipped with the proper knowledge to handle tough and even dangerous situations. Not only will you have a more confident supervisor, but a few hours of training can also save lives and money[1]. Because the FMCSA rules that cover safety-sensitive positions in the workplace are specific and cover many positions including driving a commercial motor vehicle, inspecting or servicing equipment on motor vehicles, and even the loading and unloading of commercial motor vehicles[2], a good supervisor is essential in the success of every member of a team.

Advanced Awareness of the Team

One of the biggest benefits to supervisor training is a better idea of what to look for in a team member that hints at impairment of any kind. Since your supervisors are in the best position to get to know employees, they will also know when things are strange. With proper training, a supervisor will know how to handle these situations and determine if the employee is simply having a bad day or personal problem, or if a DOT exam is required.

This also means that a supervisor can properly assess whether an employee is exemplary and deserves more credit or a bonus for what they do, which helps raise team morale and build loyalty to your company.

Knowledge of the Small, but Necessary, Details of DOT Exam Requirements

Even if a supervisor does a perfect documentation and analysis job when considering if someone is under the influence of drugs or alcohol, small details must be addressed that are easily missed without proper training. For example, the FTA indicates that an alcohol violation is only if the blood alcohol content (or the BAC) is over .04. This is when more serious consequences occur. However, a properly trained manager or supervisor also knows that if the BAC is anywhere between .02 and .039, an employee must be released from work for the day unless a retest indicates a BAC of less than .02[4].

Consequences of safety-sensitive employees that had a BAC between .02 and .039, above and beyond being released from work for the day, varies from organization to organization but must include a written notice of the organization’s drug and alcohol policies and testing procedures and a training session the signs and symptoms of drug and alcohol misuse.

Knowing When to Document, Act, and Refer to a Program

When should a supervisor document an employee’s suspicious actions, and when should they approach the employee to talk about the situation that was observed? A well-trained supervisor will know this process well and know the steps to ensure that the employee’s rights are not violated and the company is not liable for any lawsuits or legal action. In addition, the same manager will be able to refer an employee that is struggling with either alcohol or drug addiction to proper, affordable programs for help, and can assist in finding a program that will support an employee through their hardship.

An expert supervisor will also have built rapport with an employee and perhaps be able to suggest the best program based on what he or she knows about the employee. An organization should continue to offer support to employees that choose to attend recovery programs. An otherwise solid employee, once recovered, may be permitted to return to work based on the company’s decision; however, it will be the employer’s responsibility to ensure that the employee is not a danger to themselves or the public once they have returned[6].

Feeling Confident to Respond to a Workplace Crisis

Anyone in a supervisory role should have a sound mind and a good head, making them less likely to panic in a difficult situation; however, training is essential to ensure the safety of all employees[7]. Highly-charged situations can become unpredictable quickly, and your supervisor should know what questions to ask, how to remain calm, and note what they should be documenting and listening for during the crisis.

This is especially important when it comes to drug and alcohol crises. Equipped with the proper knowledge will help the manager understand how to handle an event, no matter how the employee reacts, and they’ll know what they should record and how to properly listen to an employee’s statements and repeat them back to clarify understanding.

A properly trained supervisor understands their employees, understands their workplace rules, and understands federal and state regulations. Not only does this make them more valuable to you, it means you’ll be less likely to face lawsuits and other difficult situations.

References:

[1] https://www.tdi.texas.gov/pubs/videoresource/stpusdotdrug.pdf

[2] https://www.tdi.texas.gov/pubs/videoresource/stpusdotdrug.pdf

[4] https://transit-safety.fta.dot.gov/DrugAndAlcohol/Publications/DocumentInfo.aspx?DocID=414

[6] https://www.samhsa.gov/workplace/toolkit/plan-implement-program/supervisor-training

[7] https://www.monster.co.uk/advertise-a-job/hr-resources/workforce-management-and-planning/pay-and-benefits/how-can-training-courses-be-used-as-a-company-benefit/

Open full page

very employer that conducts drug and alcohol testing should conduct training that includes information about how to make reasonable suspicion determinations that do not violate state and federal employment laws.

However, training supervisors on conduct when it involves making reasonable suspicion determinations will help protect employers from civil claims and help ensure that their employees who are subject to drug and alcohol testing are not subjected to improper requests for testing.

Reasonable suspicion training teaches supervisors to identify reasonable doubt and how it can be formed by observing the employee’s behavior and appearance. Normal behaviors including eating, drinking, sleeping, talking on the phone, coughing, or sneezing are not reasonable suspicion.

Training can help supervisors make reasonable suspicion determinations when interacting with employees subject to drug or alcohol testing.

To make a reasonable suspicion determination that an employee is under the influence of drugs or alcohol and cannot perform their duties, an employer must have training on making reasonable suspicion determinations that do not violate state and federal employment laws.

Training supervisors on reasonable suspicion training will ensure that proper training is conducted for all those involved in making reasonable suspicion determinations for drug and alcohol testing.

What training should include?

Supervisor training should include training that helps understand what a reasonable suspicion determination is, training that helps them to understand how to make reasonable suspicion determinations in compliance with federal and state employment laws, training which includes examples of violations of company policy, and training on the steps involved in making reasonable suspicion determinations.

Training supervisors on the definition of “reasonable suspicion” and helps them understand what training is needed to make a reasonable suspicion determination in compliance with the federal employment and state drug testing laws will help reduce the risk of litigation.

Training should also instruct supervisors on determining if reasonable suspicion exists and how to document that determination following State and Federal Laws.

It is recommended training should be conducted by experienced trainers and training curriculum providers with an understanding of federal and state employment laws, drug testing regulations, and drug and alcohol testing.

The training should be provided periodically (even if it’s only required once in a supervisor’s lifetime) to all supervisors and others who have supervisory responsibility for employees subject to drug and alcohol testing.

By training your supervisors on reasonable suspicion training, you’ll ensure the proper training on reasonable suspicion determinations is conducted in compliance with state and federal employment laws.

Training all supervisors on reasonable suspicion determinations is just one part of safety in the workplace.

What types of reasonable suspicion training are there?

When it comes to reasonable suspicion training, there are two types:

  1. DOT reasonable suspicion training (for those employers that are subject to DOT regulations. And, if required by the state reasonable suspicion testing laws); and,
  2. NON-DOT reasonable suspicion (for all other employers).

To determine whether reasonable suspicion is needed for your company, you need to be aware of the type of reasonable suspicion training you have and whether it’s DOT reasonable suspicion or NON-DOT reasonable suspicion.

What reasonable suspicion is not:

Reasonable suspicion is not a reasonable cause for a positive drug test. The reasonable cause must be proven by “direct observation,” which can include various behaviors, but reasonable suspicion requires a “suspicion,” not direct observation.

What reasonable suspicion is:

Reasonable suspicion is the reasonable doubt formed by observing employee behavior or a combination of actions and behaviors that causes supervisors to suspect an employee may be under the influence of drugs or alcohol and unable to perform their duties safely. It can also be reasonable suspicion when there is a combination of employees’ actions and behaviors that causes supervisors reasonable doubt.

Reasonable suspicion can also include the reasonable doubt formed by an observable change in employee behavior or characteristic, such as how they dress, their speech patterns, changes in physical appearance (like bloodshot eyes), unusual odors, or other signs of possible drug or alcohol use.

Reasonable suspicion is a reasonable doubt that an employee may use drugs or alcohol. The reasonable suspicion determination doesn’t require direct observation to form reasonable doubt; it can include a combination of behavioral and physical changes—which can include the way they dress, their speech patterns, changes in physical appearance (like bloodshot eyes), unusual odors, or other signs of possible drug or alcohol use.

Suppose you are unsure how to train your supervisors or other personnel to make reasonable suspicion determinations for drug or alcohol testing. In that case, training help is available from our trainers, who specialize in training employers to comply with federal and state employment laws when conducting drug or alcohol testing of their applicants and employee population.

Open full page

A powerful stimulant, amphetamine, is a DEA Schedule II drug. Though it has some recognized and accepted medical uses, it also has a high risk of abuse and addiction. This overview will discuss the history and background behind amphetamine and details about the drug, its street names, side effects, and what an amphetamine high feels like.

Amphetamine’s Historical Background

Chemist Lazar Edeleanu first synthesized amphetamine in 1887. At this time, Edeleanu, his colleagues, and others did not take note of the drug’s stimulant effects. However, by the 1930s, the medical world had discovered that amphetamine could be used as a respiratory stimulant. It was first marketed under the brand name Benzedrine to relieve nasal congestion.

Throughout the early and mid-twentieth century, amphetamine was recommended for nasal congestion and as a hangover cure and to treat depression, hyperactivity, and narcolepsy. It was also prescribed to help reduce weight, as well.

As it grew in popularity and doctors claimed that it posed no significant risk for addiction, new amphetamines were developed for oral and intravenous use. Thus, methamphetamine was derived, as well as others. Throughout World War II, it was often prescribed to soldiers and military personnel to improve alertness and to increase endurance.

As users discovered that intravenous amphetamine use could create a euphoric high, more and more people began to misuse and abuse the drug, starting in the 1960s and moving into the 1970s. As the decades have worn on, though law enforcement agencies attempt to quell amphetamine abuse, it continues to be prevalent today.

Details About Amphetamines

Amphetamines are stimulants that specifically affect the central nervous system. As you can see from their history, amphetamines have been used for many things. They still have some accepted medical uses, such as ADHD treatment, asthma medications, etc. However, when used recreationally, amphetamines can be highly addictive and dangerous.

In most cases, amphetamine is found in powder form, though it can also be found in pill form. Users will swallow, snort, or inject it to get high, depending on their preferred delivery system.

Street Names for Amphetamine

You will often not hear amphetamine referred to by its proper name on the street. Instead, you may hear other street names, like:

  • Bennies or Benzies
  • Crosses
  • Truck Drivers
  • LA Turnaround
  • Uppers
  • Speed
  • Footballs
  • Lid Poppers
  • Poppers
  • Wake-Ups
  • Black Beauties
  • Hearts

Side Effects of Using Amphetamine

Some of the most common side effects of amphetamine include, but are not limited to:

  • Weight loss
  • Increased heart rate and/or blood pressure
  • Stroke
  • Excessive sweating
  • Teeth grinding
  • Dilated pupils
  • Dry mouth
  • Itching
  • Scratching or picking at skin
  • Twitching

In addition, snorting amphetamine can result in a deviated septum or other damage to the nasal passage. If a user shares needles when injecting amphetamine, they may also run the risk of contracting several bloodborne pathogens, including HIV, hepatitis, and tetanus.

What Does the High From Amphetamine Feel Like?

Because amphetamines are stimulants, the high with any amphetamine will generally include increased energy and alertness. Users typically feel more talkative, energetic, and happy, but their moods may be unstable. During the high, a user may feel happy one moment but then have a drastic mood swing that leads to a feeling of anxiety, paranoia, or depression the next.

While amphetamine does have some known medical uses, it is important to understand that taking too much or taking amphetamine in any way not prescribed by your doctor can result in major problems for your physical and mental health.

Open full page

If you’re looking to get into the drug testing industry, you may have more potential clients than you realize. There are some industries that are obvious targets for marketing a drug testing company but take a deeper look at the trends in how employers are investigating the usage habits of their employees and applicants, and you may find some surprises.

The Obvious Industries

The obvious target markets for drug testing companies looking for new clients will be those involving heavy equipment, driving, and other dangerous work.

Some other industries to consider are:

  • Healthcare providers
  • Financial services providers
  • Fortune 500 companies

All of these industries routinely engage in drug testing, whether because this is a requirement of their insurance and regulations or because they want to filter out employees who may prove unreliable or downright dangerous in certain roles. Consider that there are other markets out there that you may want to target.

Unexpected Opportunities

Data from the US Department of Health and Human Services Substance Abuse and Mental Health Services Administration gathered in the mid-1990s revealed some surprising facts about illicit substance abuse. Any drug testing company should consider it potentially worthwhile marketing information.

For example, in the aforementioned data, substance abuse rates were as high as 16.3% in eating and drinking places. Those rates were as high as 14.4% in furniture and appliance stores.

Even in venues where drug testing may not be the norm, illicit drug use rates can be quite high. 9.3% of workers were found to be abusing illicit substances in grocery stores. Such employees may have access to cash, heavy equipment, and so forth, and there is a good reason for employers in these retail industries to consider adding drug screening to their application process.

Remember to look at industries that may not immediately come to mind when considering drug testing. There may be the potential to gain many new clients among those industries and, at the same time, help them deal with a real threat to their profitability.

It’s also important to remember that small businesses may need affordable drug testing options and even mobile drug testing. While you should look for large industrial clients, remember that the smaller businesses in your area may be just as promising as new customers.

 

Open full page

Discrimination lawsuits have risen sharply in the last few years, including those involving drug and alcohol abuse and misuse. The EEOC now handles more than 120,000 reasonable suspicion claims annually, increasing from about 21,000 a decade ago. Employers must train their supervisors to handle reasonable suspicion accusations in a manner consistent with applicable laws. Any reasonable suspicion training provided to supervisors or employees needs to be comprehensive.

Reasonable Suspicion Definition and Application

Defining reasonable suspicion is the first step to training supervisors in reasonable suspicion. There are many definitions available; however, for discussion purposes, reasonable suspicion is defined as “a belief that the reasonable possibility exists that an employee’s behavior will lead to certain conclusions.” The reasonable suspicion definition should be broken down further for use in reasonable suspicion training by stating: reasonable suspicion is a reasonable belief based on fact, not perception. In contrast and reasonable belief is a reasonable conclusion or opinion based on perceived facts.

If supervisors are aware of reasonable suspicion legal parameters, reasonable suspicion is easier to identify.

Reasonable Suspicion Involving Drug and Alcohol Tests

Supervisors must realize reasonable suspicion drug tests are different from reasonable suspicion alcohol tests. An employer or supervisor cannot simply assume without discussing it with the employee and documenting reasonable belief, and any reasonable suspicion alcohol test must be based on observed behavior, while a reasonable suspicion drug test must be based on observed and reported behavior.

Reasonable Suspicion Policy and Procedure

Supervisors need reasonable suspicion guidelines that can be followed if reasonable drug abuse and misuse issues are discussed with an employee. The reasonable suspicion policy should state reasonable belief must have a factual basis. It should explain reasonable suspicion legal parameters with reasonable suspicion drug testing should be included in the reasonable suspicion policy.

Reasonable Suspicion Training for Supervisors

Training supervisors to conduct reasonable suspicion determinations for drug and alcohol testing will allow employees to express concerns about drug use or abuse in the workplace without retaliation. All reasonable suspicion training will include, but not limited to:

  • DOT reasonable suspicion testing requirements and DOT drug test results policies–including DOT alcohol testing procedures.
  • DOT reasonable suspicion testing guidelines–including DOT alcohol reasonable suspicion testing rules and DOT drug reasonable suspicion training procedures.
  • DOT reasonable suspicion testing policies (consequences) and DOT reasonable suspicion alcohol testing procedures (consequences)–including DOT reasonable suspicion procedures.

DOT-Regulated Employers Must Provide Mandatory Reasonable Suspicion Training to Supervisors

It is mandatory for employers to train supervisors on reasonable suspicion, including DOT reasonable suspicion testing guidelines. Training is not just about meeting regulations;, its also about:

  • Encouraging supervisors to recognize reasonable suspicions while protecting employees' rights lowers the employer’s risk of DOT reasonable suspicion lawsuits.
  • If DOT reasonable suspicion training is not conducted or reasonable suspicion protocols are not followed, employers face legal consequences, which is why employers should always incorporate reasonable suspicion training into an existing DOT alcohol testing policy or DOT drug testing program to make it easier for supervisors to make determinations without fear of legal reprisal.
  • If DOT-regulated employers conduct comprehensive training on DOT reasonable suspicion requirements and implement a DOT alcohol testing policy that considers employee concerns about being under the influence of drugs or alcohol while at work, they can potentially avoid objective liability by paying attention to what constitutes “reasonable belief,” employers can protect their image with employees. The larger concern is the possible DOT reasonable suspicion lawsuits and penalties if training is not performed.

What about NON-DOT Reasonable Suspicion Training?

A NON-DOT reasonable suspicion training program for supervisors should also be in place to educate and inform supervisors about reasonable suspicion testing issues that involve alcohol or drug reasonable suspicions for employees who the Department of Transportation does not regulate. If a NON-DOT regulated employer or supervisor ignores reasonable suspicion–including reasonable suspicion drug and alcohol testing rules–they are rolling the dice with their government and regulatory compliance efforts.

Reasonable Suspicion Training: Supervisors vs. Non-Supervisory Employees

Supervisory employees such as managers, foremen, team leaders, production assistants, and other front-line supervisors need to understand reasonable drug abuse concerns regarding safety-sensitive positions. In many instances, supervisors need reasonable suspicion training to use employee concerns about drug abuse and reasonable suspicions to protect the employees’ rights before they are subjected to a drug test based on non-compliance with reasonable suspicion testing rules.

Can Non-Supervisors Conduct Reasonable Suspicion Testing?

If you ask this question, you may be surprised at what the answer really means; however, reasonable suspicion testing cannot be conducted by just anyone.

As a NON-DOT regulated employer, reasonable suspicion alcohol testing should not be done by supervisors who do not meet certain qualifications. To conduct tests under DOT regulations or NON-DOT rules. If reasonable suspicion testing is conducted by someone not qualified to do reasonable suspicion testing, you face significant consequences. It’s safer for employers to actually define reasonable suspicion training requirements and reasonable suspicion protocols in an employee handbook or policy manual that is communicated regularly. This helps reduce risk because the rules are clear to all employees when reasonable suspicion drug and alcohol testing may happen, who can make a reasonable suspicion determination, and how it will be administered.

The concept of NON-DOT reasonable suspicion should still be included in employer policy manuals. Employers need to address issues such as drug abuse or alcohol use during work hours. Hence, supervisors know reasonable suspicions about drugs while at work includes being under the influence of drugs while performing any operation or activity–not just driving a commercial motor vehicle.

Employee Training for a Drug-Free Workplace

Employee training for a drug-free workplace should be in place for all employees, including non-supervisor roles, and employee handbooks and policies should communicate clear rules about employee use of alcohol and drugs that can affect safety during work hours or while getting ready to go to work. There should also be a process included in an employee handbook for identifying and dealing with work place alcohol or drug abuse issues, and employee training for a drug-free workplace should address guidelines that prohibit employees from reporting to work under the influence of drugs or alcohol, as well as leaving early if they are under the influence of illegal drugs while working.

As a NON-DOT regulated employer, it is critical that supervisors are clear about the role of drugs and alcohol in an Employee Training for a Drug-Free Workplace plan.

Non-DOT Rules: Employee Training for a Drug-Free Workplace

There are several reasons why employee training for a drug-free workplace is critical for employers, they are as follows:

  • Employee handbooks and policies about Employee Training for a Drug-Free Workplace should address:
  • Employee responsibilities related to Employee Training for a Drug-Free Workplace. It’s the employee’s responsibility to follow Employee Training for a Drug-Free Workplace guidelines in order to keep their job.
  • Policies prohibiting use of alcohol or illegal drugs–or both–during work hours, on company property, and while getting ready to go to work.
  • How an Employee Training for a Drug-Free Workplace policy will be enforced. Most importantly, employees need to know how Employee Training for a Drug-Free Workplace violations will affect them and their jobs if they violate Employee Training for a Drug-Free Workplace rules. If you do not have Employee Training for a Drug-Free Workplace policies or Employee Training for a Drug-Free Workplace Employee Handbooks, please take steps to create them now.
  • Employee training for a drug-free workplace Employee Handbook should address your expectations related to:
  • Employee responsibility rules if alcohol or drugs are found in their system while at work.
  • When an employer will consider other Driver Controlled Substance and alcohol testing options, because if one test result is confirmed positive, it’s presumed that evidence exists that the driver committed violations of controlled substances and alcohol prohibitions standards. Hence, an employer would not have to conduct reasonable suspicion drug testing or alcohol testing as proof of reasonable suspicion before taking action against an employee who violates Employee Training for a Drug-Free Workplace rules.

In short, it’s important to train all supervisors and executives, and how to conduct reasonable suspicion determinations in the workplace and also understand the importance of maintaining a drug-free workplace.

Open full page
News

Agency Updates

No agency updates are available for this selection.

Explore more