Frequently Asked Questions

MDMA is Becoming Increasingly Popular

When used legally, ketamine is almost solely used on animals, rather than humans, as a tranquilizer or anesthetic. Because it has legal, accepted medical uses, ketamine is a DEA Schedule III drug. This means that it is considered safe and legal in certain quantities with a relatively low risk for abuse. However, the maximum quantity is set to prevent the possibility of abuse and psychological dependence.

Details – What Is Ketamine, and What Does It Do?

Ketamine is a dissociative anesthetic. This means it creates a feeling of dissociation (detachment) from the user’s environment by distorting their perception of sound and sight. Users can inject, snort, or swallow the drug.

It is sometimes used as a date rape drug, which can easily dissolve in a beverage. Typically, when someone is dosed with ketamine, they will feel detached and may have difficulty moving or struggling, making it an attractive tool for attackers.

Ketamine’s Background

Ketamine was first synthesized in 1962 and intended to be a replacement anesthetic for PCP. Whereas PCP had a long list of negative, lasting side effects, ketamine was supposed to be a safer alternative. When human testing began two years later, researchers found that ketamine had at least mild hallucinogenic effects. Those side effects were so mild compared to preceding drugs, though, that it was determined that ketamine would be safe for human use.

It was not until the 1970s that ketamine became popular for recreational use. It took about a decade for the DEA to react, placing ketamine under Schedule III drugs in 1982. It has been considered a controlled substance ever since.

Street Names for Ketamine

If you hear dealers and users talking about ketamine, they may use its actual name in some instances, but in most cases, you will hear other slang terms, such as:

• Vitamin K
• Special K
• Cat Valium
• K
• Super C
• Super Acid

The two most prevalent brand names for ketamine are Ketalar and Ketalar SV.

Side Effects of Using Ketamine

Some of the most common side effects of using ketamine include nausea, vomiting, and/or loss of appetite. Others may include:

• Drowsiness
• Sedation
• Increased heart rate and/or blood pressure
• Disorientation
• Confusion
• Muscle weakness
• Respiratory Depression
• Death (due to overdose)

Some users have reported psychotropic effects as well, such as hallucinations. Overdosing on ketamine could result in a coma or brain damage.

What Does the High From Ketamine Feel Like?

So what is it like to be on ketamine? Between two and five minutes after ingesting or snorting ketamine, the user will have a sudden high that usually lasts for about an hour. If the user decides to inject the drug, they can expect the high to be even faster, taking only about 30 seconds to begin.

In most cases, the user will first feel completely relaxed. Some have reported feeling like they were floating, while others felt a “full-body buzz.” This is where the dissociative nature of the drug comes in, as users will generally feel detached from their bodies or environments.

If the user takes a higher dose, they typically see at least mild hallucinations, which may last beyond the high. Some users describe falling into a “K-hole” because they feel completely detached from their bodies as if they have an out-of-body or near-death experience.

Taking ketamine recreationally is dangerous and illegal. Using it to exploit or sexually assault someone else is illegal, dangerous, and immoral. While some quantities of ketamine are legal under the right circumstances, any recreational use or possessing a large quantity of ketamine could result in a prison sentence.

Flunitrazepam – better known by its market name, Rohypnol – is also known as the date rape drug. While most people associate this drug with illegal uses and taking advantage of others, it does have some known medical uses and can be used in small, safe doses. Thus, it is classified by the DEA as a Schedule IV drug. It has a low risk for abuse or addiction, but because it does have some illegal uses, it is still monitored above Schedule V drugs.

Details – What Is Flunitrazepam?

Flunitrazepam is, according to the University of Maryland’s Center for Substance Abuse Research, “A central nervous system depressant in a class of drugs called benzodiazepines.” These drugs are sedative-hypnotics, and they are used for a variety of purposes, including treatment of:

• Sleep disorders
• Seizures
• Anxiety
• Insomnia

In lower doses, flunitrazepam and other sedative-hypnotics can be used as muscle relaxers. In higher doses, they are generally used for sedation. It should be noted, though, that flunitrazepam is significantly more powerful than Valium, and it has never been approved for prescription or over-the-counter use or sale in the US.

Thus, in this country, flunitrazepam is almost only found as a street drug sold in pill form as round white tablets. These pills are tasteless and odorless, and they easily and quickly dissolve in liquid.

In almost all cases, people do not use flunitrazepam willingly. Rather, it is slipped into a drink or otherwise given to them unknowingly. Most of the time, they will then lose consciousness and will not have any memory of anything that happened leading up to or after taking the drug.

Flunitrazepam’s Background Abroad and in the US

Because it is legally prescribed in other countries and because it has gained a reputation in facilitating sexual assault, manufacturers have changed the appearance and makeup of the pills. Newer Rohypnol tablets are now oblong, green, and when they dissolve in the liquid, they change its color to blue. This makes them much more easily detectable.

Also, while flunitrazepam is only a Schedule IV drug, under the Drug-Induced Rape Prevention Act, the penalties for trafficking can be as severe as those for Schedule I, II, or III drugs (respectively, depending on quantity).

Street Names for Flunitrazepam

Common street names for flunitrazepam include:

• Rohypnol
• Roach
• Roche
• R2
• Mexican Valium
• Forget-Me Pill
• Rope
• Rophies
• Roofinol

Side Effects of Using Flunitrazepam

In addition to memory loss, the side effects of taking this drug also include:

• Muscle weakness
• Nausea and/or vomiting
• Unconsciousness
• Difficulty breathing
• Blurred vision
• Confusion

What Does the High From Flunitrazepam Feel Like?

In most cases, there is no appreciable high from taking flunitrazepam. People who take it themselves will usually take it to forget painful or anxiety-inducing experiences such as surgery or a prolonged dental visit. People who give it to an unknowing victim are hoping that the victim will be disoriented and weak and that they will either lose consciousness completely or have no memory of any of the occurrences after giving them the pill.

It is important to remember that, even if you have Rohypnol for personal use and it is technically a Schedule IV drug, the consequences could be very severe if you have obtained it illegally. Depending on how much of the drug you have on your person, you could be convicted for attempting to traffic a Schedule I substance, which is on the same level as attempting to traffic heroin or LSD. The DEA takes date rape drugs very seriously.

Salvia Divinorum Explained

A member of the mint family, salvia divinorum is native to the Sierra Mazateca Mountains of Mexico. In its indigenous region, native people have been using it as a tool for healing and religious rituals for many centuries. It has been likened to marijuana in that it has a psychoactive element that can produce mild to intense hallucinogenic effects.

Unlike marijuana, though, it has not yet been classified under any of the DEA’s drug schedules, though it has been imported to the US and is being grown in a few places around the country. In this overview, we will discuss a few details about this drug, what it is, and its history, as well as street names to help identify it and other information.

Drug Details – What Is Salvia Divinorum?

As we mentioned a moment ago, salvia divinorum is a member of the mint family. It also contains salvinorin A, a chemical that alters the user’s brain chemistry temporarily, causing them to hallucinate. The federal government has not yet made a decision on the legality of salvia, but due to its potentially intense hallucinogenic properties, the DEA has added it to the list of drugs of concern as a potential risk to the public. Also, some states have passed local laws banning its use.

Salvia can be used in a few different ways:

• Drying and smoking the leaves, as with marijuana.
• Chewing fresh salvia leaves.
• Vaporizing dried leaves and inhaling the vapor.
• Crushing the leaves and mixing them into a beverage.

A Brief History of Salvia

Though salvia divinorum has been used by indigenous people for centuries, the earliest recorded use was in 1938 by Jean B. Johnson, who had heard that Mazatecs were using the leaves of the plant in a tea to induce visions. Johnson and his father-in-law recorded the tea preparation, and in 1962 psychedelics researcher Albert Hoffmann and R. Gordon Wasson experimented with it. Hoffmann called it “a less desirable substitution” for tea made with psilocybin mushrooms.

Not much research was done with the plant beyond that until 2002 when it was discovered that it actually reacts with the brain’s kappa opiate receptor (KOR) site, which regulates human perception.

Street Names for Salvia Divinorum

Salvia divinorum is most commonly referred to as:

• Shepherdess’ Herb
• Salvia
• Magic Mint
• Sally-D
• Diviner’s Sage
• Diviner’s Mint
• Sister Salvia
• Lady Salvia

Side Effects of Using Salvia Divinorum

Some of the side effects of salvia that concern the DEA and other governmental entities include:

• Dizziness
• Nausea and/or vomiting
• Loss of coordination
• Slowed heart rate
• Lowered blood pressure
• Chills
• Awkward speech patterns
• Slurred speech

Although it has apparently been in use by indigenous people in Mexico for hundreds of years, there is not yet enough data to determine whether or not prolonged use of salvia will have any negative physical or mental health effects.

What Does the High From Salvia Feel Like?

Upon smoking or chewing salvia, users report having intense hallucinations in which they feel as though they are floating, flying, spinning, or even traveling through time and space. Users who ingest salvia by eating it or drinking it in a beverage have milder hallucinations, as the digestive system breaks down the active ingredient and any exposure to the salvinorin A happens in the mouth and esophagus.

Whatever the method of ingesting the drug, it seems that visual hallucinations caused by salvia can be ended by interrupting them with light and noise.

Though salvia is technically legal in much of the United States, that may not be the case for much longer. The DEA will continue to research this drug to determine if it is a risk to the public and/or if it should be placed in one of their drug schedules.

Just a few years ago, many people thought that cocaine had seen its heyday and would be virtually gone from the streets forever. However, over the past years, cocaine has seen a massive resurgence all over the United States. Though it is not as dangerous as heroin, LSD, and other DEA Schedule I substances, cocaine falls just beneath them as a Schedule II drug. This overview should give you a thorough understanding of this all too prevalent drug, where it comes from, and how it affects its users.

The Historical Background of Cocaine

Cocaine derives from the leaves of the coca bush (Erythroxylon), and is primarily found in South America. People have been consuming these leaves for a number of reasons for at least 5,000 years. Some of the uses for coca leaves throughout history have been:

• Appetite suppressant
• Energy boost
• Fatigue relief
• Pain relief

It was not until 1860, though, that Albert Niemann would isolate the drug itself. Then, within the next 20 years after Neimann’s achievement, it gained usefulness as an anesthetic in a number of types of surgery for the eyes, nose, and throat. Not only was it good as an anesthetic, though, but it also decreased bleeding, as it constricted the patient’s blood vessels.

Coca leaves and cocaine gained so much popularity in beverages and other products, though, that the Harrison Narcotic Act of 1914 was necessary to ban cocaine importation for any reason other than medical or pharmaceutical uses.

This, of course, did not stop illegal cocaine trafficking, which only gained speed with the Controlled Substance Act of 1970. This further regulated pharmaceutical amphetamines, driving recreational drug users to a more available substance – cocaine. Then, with the advent of crack cocaine in the 1980s, cocaine, gained even more popularity on the streets.

Details – What Is Cocaine?

You know that cocaine was derived from coca leaves, but what is it? And what does it do? Cocaine is a very powerful stimulant. When sold on the streets, it comes in the form of a fine white powder. To keep their profit margins up, dealers may “cut” their cocaine by mixing it with baby powder, flour, cornstarch, or other substances. They may also mix it with other, cheaper stimulants to keep their customers from noticing the difference.

Most often, users will get high on cocaine by snorting it. However, it may also be smoked (as in the case of crack cocaine), or it may also be injected.

Street Names for Cocaine

Some of the most common street names for cocaine in powder form include:

• Coke
• Flake
• Snow
• Toot
• Blow
• C
• Candy
• Charlie

A small amount of cocaine, usually snorted off of a key, is called a bump, and you may hear people referring to cocaine use as “doing a bump” or “going skiing.”

In the case of crack cocaine, you may also hear it referred to as:

• Crack
• Rock(s)
• Sleet
• Ball
• Scrabble
• Raw

Side Effects of Using Cocaine

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

• Anxiety
• Increased heart rate and/or blood pressure
• Muscle spasms, tremors, and/or twitches
• Restlessness
• Nausea

A cocaine overdose can be fatal, but, in many cases, users will experience negative side effects and health problems due not only to the cocaine but also to whatever substances may have been mixed with it.

What Does the High From Cocaine Feel Like?

During a cocaine high, a user will usually feel a sense of extreme happiness, and they will feel highly energized and alert. They may also be hypersensitive to sounds, touch, or sight, and they may grow irritable or paranoid, especially with extended use.

Because they are “natural”, many people believe that psilocybin mushrooms are automatically safer than LSD and other synthesized hallucinogens. We could name any number of things that are natural (poison ivy, for example) that you would not want to put in your system, but even without this argument, psilocybin is a DEA Schedule I drug. This means that the FDA recognizes no medical use for it, and it bears a high risk level for abuse and/or dependency.

Drug Details – What Is Psilocybin?

Basically, psilocybin is a hallucinogenic chemical found in specific mushrooms that grow in subtropical and tropical regions of the US, Mexico, Central America, and South America. One mushroom, according to the National Drug Intelligence Center, usually contains two types of hallucinogen – 0.2-0.4% psilocybin and trace amounts of psilocin. Though both of these substances can be synthesized, there is no major evidence that this is happening with any significant regularity.

To get high off of psilocybin, users will take fresh or dried mushrooms orally. Because the mushrooms have a bitter taste, most users will cook or mix them with other foods, brew them into a tea, or make them into candies.

The Historical Background of Psilocybin

Use of psilocybin mushrooms dates back at least 3000 years, with art and sculptures representing mushroom caps in religious rituals for indigenous people throughout North and South America appearing as early as 1500 BCE.

While many people believe that “sacred mushrooms” played a large part in the religious ceremonies of the Aztecs and Mayans, there is a lot of controversy surrounding this claim. While it is likely that the drug was used in at least some ceremonies and that people from these cultures likely ingested it by accident and/or for recreational purposes, some historians believe that this is as far as mushroom use went and that these fungi were not nearly as “sacred” as many believe.

Modern use of psilocybin began when scientist R. Gordon Wasson was traveling through Mexico studying mushrooms in the 1950s. After participating in a religious ceremony with some Mazatec people in the Oaxaca region of Mexico, he experienced the high and wrote an article titled “Seeking the Magic Mushroom” for Life Magazine in 1957.

Thanks to Wasson’s findings, Albert Hofmann (who first synthesized LSD) was able to identify and isolate the active ingredients, psilocybin and psilocin. Beyond Hofmann’s work, Timothy Leary became intrigued with the drug, and from there it went mainstream with more and more people “seeking the magic mushroom.”

Street Names for Psilocybin

Some of the most common street names you’ll hear referring to psilocybin are:

• Shrooms
• Magic Mushrooms
• Purple Passion
• Mushrooms
• Simple Simon
• God’s Flesh

When psilocybin is mixed and used with other drugs, it may also be called:

• Hippie Flip – mixing MDMA with psilocybin.
• Boomers – using psilocybin with LSD.
• Sherm – using psilocybin with PCP.

Side Effects of Using Psilocybin

Taking psilocybin can produce a number of negative side effects, including:

• Headaches
• Nausea and vomiting
• Anxiety
• Exacerbation of symptoms of mental illness
• Paranoia and fear
• Dizziness
• Low blood pressure
• Lightheadedness
• Loss of consciousness

What Does the High From Psilocybin Feel Like?

Many users describe the high from psilocybin mushrooms as very similar to that of doing mescaline or LSD. Users generally have moderate to intense visual hallucinations and may experience dramatic mood swings throughout the high. They may also be more likely to engage in impulsive behavior, not realizing the potential for danger at the moment.

Like LSD and mescaline, psilocybin is a Schedule I drug, meaning that the DEA considers it as dangerous as these other drugs, whether or not it is “natural”.

Like marijuana, hashish is a cannabinoid and a DEA Schedule I substance. It is very similar to marijuana, or cannabis, and thus its background and side effects often parallel those of marijuana. There are a few distinct differences, though, which is why we have compiled this overview of hashish, including its background and other important details

The Historical Background of Hashish

While marijuana first appeared in written text around the year 2737 BCE, hashish did not make an appearance until around the year 900 AD, when it became popular across what was then known as Arabia. In fact, it was so popular that it made an appearance in the famed One Thousand and One Arabian Nights.

Interestingly enough, hashish gets its name from the Persian word for an assassin, as it was believed to be used by assassins in that area. Whether or not this was true, it is likely that we have none other than Marco Polo to thank for the modern use of the term hashish, as he was the one who brought the legend of hashish assassins back to Europe with him around 1300.

Details – What Is Hashish?

While you likely already know that hashish is derived from the same Cannabis sativa plant as marijuana, you may not know the differences that make it a unique substance. So what is hashish?

Hashish is made by extracting, compressing, and/or purifying the tops of the flowers of the cannabis plant. The flowers contain trichomes, which have the highest THC (tetrahydrocannabinol) content of the entire plant. Because THC is the chemical that produces any cannabinoid’s high, hashish is usually much more potent than marijuana and other cannabinoids.

To get high with hashish, users will almost always either smoke it or consume it. To smoke hashish, a water pipe (called a hookah) is almost always used, though it may also be rolled with tobacco into a blunt. When eaten, it is usually cooked into baked goods, such as cookies, brownies, or butter.

It is important to note that, though many people view hashish and marijuana as mild drugs, hashish, and all cannabinoids qualify as Schedule I drugs with the DEA. Schedule I drugs are believed to have a high potential for abuse, and they have no known (or accepted) medical value or use. Thus, Schedule I drugs – including heroin, LSD, and others – carry the harshest criminal sentences of all drug Schedules.

Street Names for Hashish

When referring to hashish on the street, most people will refer to it as one of the following:

• Hash
• Gangster
• Hemp
• Hash oil
• Boom
• Ganja
• Dope
• Weed

Side Effects of Using Hashish

When a user smokes or eats hashish, THC enters the bloodstream and travels to the brain, where receptors for THC-like chemicals that the body produces will naturally pick it up and affect the way the user feels. Some of the most common side effects of using hashish include, but are not limited to:

• Increased heart rate
• Respiratory issues (frequent coughing, infections, etc.)
• Increased anxiety
• Impaired memory
• Decline in mental health

What Does the High From Hashish Feel Like?

Hashish users report a feeling of temporary euphoria and relaxation. Some may also have hallucinations, though these are typically milder than those associated with harder drugs, like LSD. Reaction times are typically slowed, and the user generally feels very lethargic.

With this overview, you should better understand what hashish is and how it affects the human brain and body. Understand that, as a Schedule I drug, hashish is illegal, and possession may result in serious criminal charges.

A DEA Schedule I drug, GHB (gamma-hydroxybutyrate) is often used recreationally or as a date rape drug. While flunitrazepam (better known as Rohypnol) is perhaps the most well-known date rape drug, GHB is also often used because it puts the user into a deep sleep for a period of about four hours during which they cannot be awakened and will not resist.

What Is GHB – and Why Do People Use It?

Because it has very similar results to other sedative-hypnotics like Rohypnol, you may wonder why people would use GHB themselves. Basically, while it puts the user in a sleep state for a period of around four hours, it also builds the body’s dopamine levels. When the body is ready to awaken after the drug-induced sleep, that dopamine is released, giving the user a happy and euphoric feeling upon waking.

Some bodybuilders and weightlifters have also been known to use GHB, as it is believed to help build muscle and burn fat, due to protein synthesis in the sleep state.

For the most part, though, GHB is known as a date rape drug, and it is popular as such because it is easily found in clear liquid form and is not detectable when slipped into a beverage.

The Historical Background of GHB

GHB was first synthesized in 1960, and throughout that decade it was a popular anesthetic throughout the medical world. Doctors found, though, that it had a very poor pain relieving effect, and so they stopped using it as an anesthetic and began recommending it as a narcolepsy treatment. Because it had euphoric side effects, it was ineffective in treating narcolepsy.

It was not until 1990 that the FDA finally declared GHB unsafe for human consumption. It took another 10 years for the drug to become a DEA Schedule I substance. With no known medical uses and a number of potentially dangerous outcomes for use, this drug carries with it the same criminal consequences as heroin and other Schedule I drugs.

Street Names for GHB

Some of the most popular street names for GHB include, but are not limited to:

• Grievous Bodily Harm
• G
• Georgia Home Boy
• Liquid X
• Liquid Ecstasy
• Soap
• Goop
• Scoop
• Easy Lay
• G-Juice
• Great Hormones
• Bedtime Scoop
• Gamma 10
• Somatomax

Side Effects of Using GHB

Some of the acute effects of using GHB, even just one time, include:

• Sedation
• Drowsiness
• Headache
• Disorientation
• Confusion
• Nausea
• Vomiting
• Loss of coordination
• Seizures

An overdose on GHB can also result in a prolonged coma or death. Extended drug use increases the likelihood of experiencing some or all of these side effects. And, as the body builds a tolerance to the drug, an overdose is more and more likely.

What Does the High From GHB Feel Like?

Because taking GHB almost always results in a heavy sleep state, most people do not take it recreationally. Rather, they use it as a tool for sexual assault or to otherwise take advantage of a victim.

Those who do take GHB recreationally report that after about four hours of sleep, they wake up feeling euphoric and alert. They feel as though they can take on anything, which is one of the reasons that bodybuilders and weightlifters have been known to use GHB – it may help build muscle, and it makes it easier to get up go train, even after a very difficult session the day before.

Remember, GHB is a DEA Schedule I drug, meaning that it has serious legal consequences, even without the potential negative mental and physical side effects.

Working as a urine collector for the Department of Transportation (DOT) is a very important job that the government takes very seriously. If you want to secure a position working as a urine collector with the DOT, you’ll need to go through initial training and refresher training.

Why Refresher Training Is Necessary

No matter your job, it makes sense to work for a greater degree of proficiency constantly. That being said, sometimes you don’t have a choice. For example, if you work for the DOT as a urine collector, you must undergo retraining (what they call “refresher training”) every five years starting from the day you initially went through this process.

Therefore, you’ll want to make sure you treat this training as a priority and prepare for it as necessary. Though you shouldn’t have too much trouble passing (after all, you will have been doing this job for five years), understanding what to expect is still a good idea.

What DOT Urine Collection Refresher Training Entails

The good news is that refresher training will most likely involve the training and tests you had to go through to get hired by the DOT as a urine collector in the first place. However, it is important that you are aware of all the changes that have been made since you began. Those changes are things you must implement every day while you work for one thing. Although they will still be covered in your refresher training, the DOT expects that you have already been introduced to them.

Aside from those changes, you’ll have to pass five tests before returning to work as a urine tester. Two of these will be “uneventful” tests where you must administer it to a subject and carry out the control and custody form procedures.

Then there will be one where you have to respond to a test where there is an inadequate amount of urine. Next, you will have to react to a test wherein the temperature of the sample falls out of the acceptable range of temperatures. Finally, you must prove you know how to respond when a test taker refuses to verify that they have been through the process.

The Importance of Being Proficient

As the DOT doesn’t offer refresher training, choosing the cheapest option for this requirement may be tempting. The problem with this approach is that it could hurt your business prospects in the future. If you aren’t properly testing subjects because your refresher training was lacking, companies will quickly forego hiring you in favor of another tester. You may even be the target of lawsuits if you’ve inadvertently hurt someone’s employment prospects (or passed someone who should have failed).

Going through refresher training is critical for every urine collector. Not only does the federal government require it of all their collectors, but you will also risk losing business if you aren’t up-to-date on best practices.

Drug testing has become a common part of employment.[1] There are many states that regulate drug testing. Typically, most states’ laws permit employers to test applicants for drugs. However, the employer must comply with the state’s rules on notice and procedures to prevent discrimination and inaccurate samples.[2]

When it comes to testing private company employees, most states restrict testing for drug usage in some way. In some states, companies can’t conduct broad drug testing of all employees or random drug tests—testing must be focused on a specific individual, and there must be sound rationale by the employer to believe that person is using drugs[3] or because his or her position has a high risk of injury or damage if performed by a person taking drugs.[4] Courts have generally held that companies are permitted to test employees after an accident that could have been caused by drug use or one in which employee appeared to be impaired.[5] Very few states, however, put restrictions on an employer’s actions and decisions based on drug test results.[6]

Drug Testing in Specific States

California is somewhat unique in that it’s one of just a few states with a state Constitution that includes a right to privacy.[7] This right of privacy extends to private industry employees.[8] The constitutionality of drug testing is determined on a case-by-case basis.[9] In addition, California also has a “compassionate use” law for medical marijuana.[10] The laws of California do not provide specific drug testing procedures. As a result, courts apply a balancing test to drug tests, and employers have a greater chance of success if they create a lessened expectation of privacy for employees.[11]

In contrast, New York does not have a law concerning drug testing in private employment. As such, drug testing is not prohibited or restricted, provided it does not violate other statutes.[12] And under Texas law, there’s virtually no limitation on the right of private employers to adopt drug testing policies for their workers.[13] Texas employees who contend that their drug test was illegal must bring alternative causes of action.[14]

Florida has a drug-free workplace program that regulates employment drug testing. The Drug-Free Workplace Act[15] provides that employers who create this type of program can qualify for a discount on their workers’ compensation insurance premiums.[16] However, there are specific guidelines that employers must follow to qualify for the discount.

Summary

It’s not unusual for employers to require employees to submit to drug testing before and after being hired. Employers should understand the specific rules for drug testing of applicants and employees in their specific state.

[1] See Stacy Hickox, It’s Time to Rein in Employer Drug Testing, 11 Harv. L. & Pol’y Rev. 419 (Summer 2017) (“Drug testing by employers has become so common that few question its effect on privacy.”). [2] See ACLU, State-by-State Workplace Drug Testing Laws. Retrieved at https://www.aclu.org/other/state-state-workplace-drug-testing-laws. [3] See e.g., Skinner v. Ry. Labor Execs.’ Ass’n, 489 U.S. 602, 617 (1989) (“the process of collecting the sample to be tested . . . implicates privacy interests.”); In re Claim of Ramsey, 17 A.D.3d 949, 949, 793 N.Y.S.2d 632, 633 (N.Y. App. Div. 2005) (employer’s request that employee submit to a drug test was reasonable as employer had a reasonable belief that employee was under the influence of drugs during his shift). [4] ­See Am. Fed’n of Teachers-W. Va. v. Kanawha Cty. Bd. of Educ., 592 F. Supp. 2d. 883, 902-03 (S.D. W. Va. 2009) (quoting Skinner v. Railway Labor Executives’ Association, 489 U.S. 602, 628, 109 S. Ct. 1402, 1419 (1989) (“Employees subject to the tests discharge duties fraught with such risks of injury to others that even a momentary lapse of attention can have disastrous consequences.”) [5] See generally, Kenneth M. Willner, Drug and Alcohol Testing in the Workplace, CY016 ALI-ABA 767 (April 1, 2017). [6] Research by SHRM (Society for Human Resource Management) commissioned by the Drug and Alcohol Testing Association (DATIA) in 2011 found that employers most often test current employees based on reasonable suspicion of impairment at work (35%), as a follow up to rehabilitation (20%), and employees indicating a possible substance abuse problem (8%). Drug Testing Efficacy SHRM Poll, SOC’Y FOR HUMAN RES. MGMT. (Sept. 7, 2011) . [7] Cal. Const., Art I, Sec. 1. Retrieved at https://law.justia.com/constitution/california/article-i/section-1/. [8] See California Attorney General website, Privacy Laws (2018). Retrieved at https://oag.ca.gov/privacy/privacy-laws. [9] Smith v. Fresno Irrigation Dist., 72 Cal. App. 4th 147, 166, 84 Cal. Rptr. 2d 775, 788 (1999) (employer’s interest in minimizing the risk of injury to its employees outweighs the plaintiff’s privacy interests). [10] Ross v. RagingWire Telecommunications, Inc. 42 Cal.4th 920, 70 Cal. Rptr. 3d 382, 174 P.3d 200 (Cal. 2008) (employee who used medical marijuana with a physician’s recommendation under the MCRSA and was fired after failing a preemployment drug test could not state a cause of action for termination in violation of public policy). See also Cty. of Butte v. Superior Court, 175 Cal. App. 4th 729, 739, 96 Cal. Rptr. 3d 421, 428 (2009). Legislation effective in 2016, the Medical Cannabis Regulation and Safety Act (MCRSA), permits state residents to use marijuana for medical purposes. The law states that a patient with a valid prescription cannot be prosecuted under state law for crimes relating to the use, possession, or cultivation of a certain amount of marijuana. But the California Supreme Court has held that an employer may not hire an applicant who tests positive for marijuana, even if the drug is legally prescribed for a disability. [11] For example, the adoption of a written company policy providing the circumstances in which drug testing will be required. See Semore v. Pool, 217 Cal. App. 3d 1087, 1096, 266 Cal. Rptr. 280, 285 (1990) (“While an employee sacrifices some privacy rights when he enters the workplace, the employee’s privacy expectations must be balanced against the employer’s interests.”). But see Luck v. S. Pac. Transp. Co., 218 Cal. App. 3d 1, 15, 267 Cal. Rptr. 618, 625-26 (1990) (“…the collection and testing of urine intrudes upon reasonable expectations of privacy. This finding is consistent with that of the United States Supreme Court, which held that both the collection of a urine sample and its testing involve privacy interests and therefore constitute searches within the meaning of the Fourth Amendment.”) (citations omitted). [12] See e.g., Matter of Scazafavo v. Erie Cty. Water Auth., 2006 NY Slip Op 4592, ¶ 1, 30 A.D.3d 1034, 1034, 816 N.Y.S.2d 642, 643 (App. Div.) (termination was not so disproportionate to the offense as to be shocking to one’s sense of fairness where the employee was selected for a random drug test and refused to comply with an order to stay in the vicinity of one of the employer’s vehicles so that he could be transported to the hospital for drug testing). [13] Texas Workforce Commission, Especially for Texas Employers: Drug Testing in the Workplace. Retrieved at https://www.twc.state.tx.us/news/efte/drug_testing_in_the_workplace.html. See Willis v. Pilgrim’s Pride Corp., No. 9:14-CV-71, 2016 U.S. Dist. LEXIS 168951, at *12 (E.D. Tex. Dec. 7, 2016) (Plaintiff admitted that she terminated her employment immediately after refusing to take the mandatory drug test.); Higgins v. Lufkin Indus., No. 9-13-CV-203, 2014 U.S. Dist. LEXIS 187243, at *7 (E.D. Tex. Nov. 18, 2014) (employees who refuse to consent to a drug test are subject to immediate termination). [14] See e.g., Loiacano v. DISA Glob. Sols., Inc., 659 F. App’x 772, 773 (5th Cir. 2016) (negligence action arising from a failed drug test dismissed). [15] Fla. Stat. § 112.0455, et. seq. [16] State of Florida, Division of Workers’ Compensation, An Employer’s Guide to a Drug-Free Workplace (Revised April 2005), at 4. Retrieved at https://www.myfloridacfo.com/division/wc/pdf/DFWPman.pdf.

Yes, WorkTraining.com offers in-person training services and on-site training at your office. To schedule an in-person training at your location, please contact us via email at [email protected] or by phone at 1-888-390-5574.

If you're interested in obtaining a quote for in-person training, we kindly request that you provide us with the following details:

• Training location: The location where you would like the training to occur.

• Number of attendees: The approximate number of attendees participating in the training.

• Training topics: The specific topics you would like us to cover during the training session.

• Required duration: The length of time you would like the training session to last.

With this information, our team can develop a customized training program and provide a quote that meets your needs and budget.

Yes, WorkTraining.com offers on-site training at our location in Melbourne, Florida, and in-person training services worldwide.

On-site training at our facility can provide your team with a focused and distraction-free environment where they can fully immerse themselves in training and gain the skills and knowledge they need to succeed.

To prepare a quote for on-site training, we will need the following information:

• Number of attendees: The approximate number of attendees participating in the training.

• Training topics: The specific topics you would like us to cover during the training session.

• Required duration: The length of time you would like the training session to last.

To schedule on-site training at our facility in Melbourne, Florida, don't hesitate to contact us via email at [email protected] or by phone at 1-888-390-5574. 

To start a drug testing program, follow these detailed steps:

1. Develop a clear drug testing policy: Create a written policy that outlines the purpose, goals, and procedures of your drug testing program. Be sure to include the substances tested, the types of tests performed, and the consequences of policy violations. Involve legal counsel to ensure compliance with federal, state, and local laws.

2. Identify testing scenarios: Determine when drug tests will be conducted. Common testing scenarios include pre-employment screening, random testing, post-accident testing, reasonable suspicion testing, and return-to-duty/follow-up testing. Consider the needs and requirements of your specific industry and workplace when making these decisions.

3. Choose a drug testing method: Select a testing method that suits your organization's needs and complies with relevant regulations. Common methods include urine, saliva, hair, and blood testing. Each method has its advantages and limitations, so consider factors such as detection window, invasiveness, and cost when making your choice.

4. Train or hire qualified specimen collectors: Ensure that the individuals responsible for collecting specimens are properly trained and qualified. WorkTraining.com offers comprehensive training for specimen collectors, covering essential topics like proper collection techniques, chain of custody procedures, and applicable regulations.

5. Select a certified laboratory and Medical Review Officer (MRO): Partner with a certified laboratory to analyze the collected specimens and provide accurate, reliable results. Additionally, designate a qualified Medical Review Officer (MRO) to review and interpret test results, ensuring the confidentiality and accuracy of the process.

6. Establish a process for handling test results: Develop a procedure for handling positive, negative, and inconclusive test results. This includes notifying employees of their results, maintaining confidentiality, providing guidance on next steps, and enforcing disciplinary measures when necessary. Ensure that all procedures comply with applicable laws and regulations.

7. Communicate the policy and procedures to employees: Clearly and effectively communicate your drug testing program to all employees. This may include distributing the written policy, conducting informational sessions, or incorporating the information into employee training programs. Encourage an open line of communication for employees to ask questions or voice concerns.

8. Continuously evaluate and update the program: Regularly review your drug testing program to ensure its effectiveness and compliance with evolving laws and industry standards. Update your policy and procedures as needed to address new challenges, legal changes, or shifts in company culture.

By following these steps, you can develop and implement a robust drug testing program that promotes a safe, productive, and drug-free workplace.

Starting an in-house drug testing program offers several benefits and some potential disadvantages to consider. Here's an overview of both aspects:

Benefits:

1. Increased workplace safety: Implementing a drug testing program can help identify employees who may be under the influence of drugs or alcohol, reducing the risk of accidents and injuries in the workplace.
2. Improved employee productivity: A drug-free workplace encourages employees to perform at their best, leading to increased efficiency and higher overall productivity.
3. Reduced absenteeism: Employees who abuse drugs or alcohol are more likely to miss work. A drug testing program can help deter substance abuse and decrease absenteeism rates.
4. Lower healthcare costs: Drug-free employees tend to have fewer health issues, which can lead to lower healthcare costs for employers.
5. Better control over the testing process: By conducting drug tests in-house, employers can manage the process more effectively and obtain results more quickly compared to outsourcing the tests.
6. Enhanced company reputation: A drug-free workplace demonstrates a commitment to safety and employee well-being, which can positively impact a company's reputation.

Disadvantages:

1. Cost: Implementing and maintaining an in-house drug testing program can be expensive, as it involves training or hiring specimen collectors, purchasing testing supplies, and partnering with a certified laboratory.
2. Potential for legal issues: Drug testing in the workplace must comply with federal, state, and local laws. Employers may face legal challenges if they do not properly implement and follow these regulations.
3. Employee privacy concerns: Some employees may view drug testing as an invasion of privacy, which can lead to morale issues or strained employer-employee relationships.
4. False positives/negatives: Inaccurate test results can occur, potentially leading to unfair consequences for employees or missed opportunities to identify substance abuse issues.
5. Administrative burden: Managing an in-house drug testing program requires time and resources, including maintaining records, handling test results, and ensuring proper chain of custody procedures.

When considering whether to start an in-house drug testing program, it's essential to weigh both the benefits and disadvantages. If you decide to move forward with a program, WorkTraining.com can provide expert guidance and training to ensure a successful implementation.

Legal requirements for drug testing in the workplace can be complex and vary depending on several factors, such as state laws, industry regulations, and the specific circumstances under which testing occurs. Here are some general guidelines to consider, but it's essential to consult with an attorney or legal expert familiar with your specific situation to ensure compliance.

1. Federal laws and guidelines: While there is no comprehensive federal law regulating drug testing in private workplaces, certain industries are subject to federal drug testing requirements. For example, the U.S. Department of Transportation (DOT) mandates drug testing for safety-sensitive positions in the transportation industry. Additionally, the Drug-Free Workplace Act requires some federal contractors and grantees to maintain a drug-free workplace and may include drug testing provisions.

2. State laws: Each state has its own laws and regulations regarding drug testing in the workplace. Some states may have more stringent requirements or limitations, while others may have more lenient rules. Be sure to familiarize yourself with the laws in the states where your company operates.

3. Types of testing: Different types of drug testing (e.g., pre-employment, random, post-accident, reasonable suspicion) may be subject to different legal requirements. For example, some states may allow pre-employment drug testing but restrict the use of random drug testing.

4. Employee rights and privacy: Employers must balance the need for drug testing with employees' rights to privacy. The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, which can be relevant in drug testing cases. Additionally, the Americans with Disabilities Act (ADA) may impact drug testing policies, as it prohibits discrimination against individuals with disabilities, including recovering drug addicts and alcoholics.

5. Written policy and consent: Employers should have a clear, written drug testing policy that outlines the procedures, types of tests, and consequences of positive test results. Employees should be informed of the policy and may be required to provide consent for drug testing, depending on state laws.

6. Chain of custody and accuracy: Employers must ensure that proper chain of custody procedures are followed during specimen collection and testing to maintain the integrity of the process. Additionally, using certified laboratories and qualified Medical Review Officers (MROs) helps ensure the accuracy and reliability of test results.

The duration of the specimen collector training program may vary depending on the course material's depth and participants' learning pace. WorkTraining.com's specimen collector training can be completed within a few days to a week. The program is designed to ensure participants are well-equipped for their roles and covers the following components:

1. Theoretical training: Participants learn about the legal and regulatory aspects of drug testing, various drug testing methods, and the importance of proper specimen collection. This training portion may include lectures, presentations, and reading materials.

2. Hands-on practical training: Trainees gain experience in performing actual specimen collections, following proper chain of custody procedures, and ensuring the integrity of the specimens. This hands-on training may involve supervised practice sessions, demonstrations, and role-playing exercises.

3. Assessment and certification: To ensure participants have acquired the necessary knowledge and skills, they may be required to pass a written exam and a practical assessment. Upon successful completion, they will receive a certificate of completion, demonstrating their proficiency in specimen collection for drug testing purposes.

To enroll in a specimen collector course, go here. For questions, contact us at 1-888-390-5574 or send an email to [email protected]

Reasonable suspicion training equips supervisors and employees with the knowledge and skills to identify and address potential substance abuse in the workplace. This training is essential for maintaining a safe, productive work environment and ensuring compliance with applicable laws. 

Training covers various aspects, including:

• Recognizing signs and symptoms: Trainees learn to identify behavioral, physical, and performance-related indicators of drug and alcohol use, which are crucial for early detection and intervention.
• Understanding laws and regulations: The training program covers federal, state, and local laws related to drug testing, as well as industry-specific regulations, such as those imposed by the Department of Transportation (DOT) for safety-sensitive positions.
• Implementing proper procedures: Supervisors are taught to follow appropriate steps when they suspect an employee is under drugs or alcohol. This includes documenting their observations, consulting with higher authorities or HR representatives, and requesting a drug or alcohol test, if necessary.
• Maintaining confidentiality: The training emphasizes the importance of respecting employees' privacy and maintaining confidentiality throughout the reasonable suspicion process.
• Promoting a drug-free workplace culture: By educating supervisors and employees on the dangers of substance abuse, reasonable suspicion training helps create a workplace culture that prioritizes safety, well-being, and productivity.

Investing in reasonable suspicion training is a proactive approach to preventing substance abuse-related accidents and incidents in the workplace. It demonstrates an organization's commitment to employee health and safety and can result in reduced absenteeism, lower healthcare costs, and improved overall performance.

The key differences between DOT and Non-DOT reasonable suspicion training lie in the specific regulations and requirements each type of training must adhere. While both types of training cover similar content, DOT training must follow federal guidelines set forth by the U.S. Department of Transportation for safety-sensitive positions in the transportation industry.

• Regulatory requirements: DOT reasonable suspicion training is mandated by the Department of Transportation under 49 CFR Part 40 for employers in the transportation industry. This includes specific training requirements for supervisors overseeing safety-sensitive employees, such as those operating commercial motor vehicles, trains, or aircraft. Non-DOT reasonable suspicion training is designed for organizations not subject to DOT regulations but still want to implement drug testing programs to maintain a safe workplace.
• Training content: DOT and Non-DOT reasonable suspicion training covers identifying signs and symptoms of substance abuse, understanding relevant laws and regulations, and following proper procedures. However, DOT training emphasizes the federal regulations specific to the transportation industry, while Non-DOT training may focus more on state and local laws and guidelines.
• Training duration: DOT reasonable suspicion training typically requires a specific minimum number of training hours, as mandated by the applicable DOT agency (e.g., FMCSA, FAA, or FRA). Non-DOT training duration may vary depending on the organization's needs and state or local requirements.
• Recordkeeping and documentation: DOT-regulated employers must maintain records of reasonable suspicion training, including supervisor qualifications and training completion. Non-DOT employers may have more flexibility in their recordkeeping requirements, depending on their organization's policies and applicable state or local laws.

By understanding these key differences, organizations can choose the appropriate reasonable suspicion training program, ensuring their supervisors and employees are well-equipped to maintain a safe and compliant workplace. WorkTraining.com offers both DOT and Non-DOT reasonable suspicion training programs tailored to meet each organization's unique needs.

Reasonable suspicion training plays a crucial role in identifying substance abuse in the workplace by teaching supervisors and employees to recognize various behavioral, physical, and performance-related indicators of drug and alcohol use.

The training programs at WorkTraining.com incorporates the following elements to help detect and address substance abuse effectively:

• Signs and symptoms: Participants learn to identify common signs of drug and alcohol use, such as slurred speech, unsteady gait, bloodshot eyes, dilated or constricted pupils, sudden mood swings, and changes in work performance.
• Behavioral patterns: The training highlights potential behavioral patterns associated with substance abuse, including increased absenteeism, frequent tardiness, and declining job performance.
• Workplace scenarios: Trainees engage in role-playing exercises and case studies depicting real-life workplace situations, enabling them to apply their knowledge and skills practically.
• Communication skills: The program emphasizes the importance of clear, effective communication when addressing concerns related to substance abuse, ensuring that supervisors can approach employees professionally and compassionately.
• Intervention strategies: Reasonable suspicion training teaches supervisors to take appropriate action when they suspect an employee is under drugs or alcohol, including documentation, consulting with HR, and initiating drug or alcohol testing when necessary.

By providing supervisors and employees with the tools and knowledge to identify potential substance abuse, reasonable suspicion training contributes to early detection and intervention. This helps employees receive the appropriate support and resources while minimizing the risks associated with substance abuse in the workplace.

Employees benefit from reasonable suspicion training in various ways, as it helps them better understand their role in maintaining a safe and productive workplace. Some of the advantages include the following:

• Increased awareness: Employees become more aware of the impact of substance abuse on workplace safety, productivity, and their well-being. This knowledge encourages them to take personal responsibility for maintaining a drug-free workplace.
• Recognition of signs: With the training, employees can better recognize and report potential substance abuse issues among coworkers, contributing to a safer work environment.
• Enhanced understanding of policies: Reasonable suspicion training educates employees on the organization's drug and alcohol policies, ensuring they know what is expected of them and the consequences of violating them.
• Support for colleagues: Trained employees are better equipped to offer support and resources to coworkers struggling with substance abuse, fostering a more compassionate and inclusive work environment.
• Prevention of substance abuse: By understanding the risks and consequences associated with drug and alcohol use, employees may be more likely to make informed choices and avoid engaging in substance abuse themselves.

Investing in reasonable suspicion training for employees demonstrates an organization's commitment to well-being and safety, ultimately contributing to a healthier, more productive work environment.

When conducting reasonable suspicion drug testing, there are several legal considerations employers must take into account to ensure compliance with federal, state, and local laws, as well as respect employee privacy rights:

• Written policy: Employers should have a clear and comprehensive written policy outlining the organization's drug testing program, including the circumstances under which reasonable suspicion testing may occur. This policy should be readily accessible to all employees.
• Employee consent: In some cases, employers may be required to obtain employee consent before conducting a drug test. This consent should be documented and obtained following applicable laws and regulations.
• Objective criteria: Supervisors must base their reasonable suspicion on objective criteria, such as observable signs and symptoms of impairment. Proper training helps supervisors make informed decisions and reduces the likelihood of discrimination claims.
• Confidentiality: Employers must maintain the confidentiality of drug testing results and any related information, disclosing it only to authorized personnel on a need-to-know basis.
• Testing procedures: Employers should use reliable and accurate drug testing methods, such as those certified by the Substance Abuse and Mental Health Services Administration (SAMHSA), and ensure that proper chain-of-custody procedures are followed.
• Compliance with laws: Employers must stay current with federal, state, and local laws governing drug testing, as regulations can vary widely depending on the jurisdiction. This may include specific requirements for the test types, the substances tested, and the procedures followed.

By adhering to these legal considerations, employers can conduct reasonable suspicion drug testing to protect their organization and employees while ensuring compliance with applicable laws.

Implementing a drug-free workplace program offers numerous benefits to organizations, including enhanced safety, improved productivity, and reduced costs associated with substance abuse. Here are some steps to establish an effective drug-free workplace program:

• Develop a written policy: Create a clear and comprehensive policy outlining your organization's commitment to a drug-free workplace, including expectations for employee behavior, prohibited substances, and the consequences of policy violations.
• Provide employee education: Educate employees about the dangers of substance abuse, the organization's drug-free workplace policy, and the resources available for support and assistance.
• Train supervisors and managers: Offer reasonable suspicion training for supervisors and managers, equipping them with the skills and knowledge necessary to identify and address potential substance abuse in the workplace.
• Establish drug testing procedures: Implement a drug testing program, following federal, state, and local laws and regulations. Depending on your organization's specific needs and requirements, this may include pre-employment, post-accident, random, or reasonable suspicion testing.
• Offer assistance and support: Provide access to employee assistance programs (EAPs) or other resources to help employees struggling with substance abuse issues, promoting a compassionate and supportive work environment.
• Regularly review and update policies: Periodically evaluate and update your drug-free workplace program and policies to ensure they remain current, effective, and compliant with applicable laws and regulations.

By taking these steps, organizations can create a drug-free workplace program that prioritizes employee well-being, safety, and productivity, ultimately contributing to a healthier, more successful work environment.

A Medical Review Officer (MRO) is a licensed physician responsible for reviewing laboratory drug test results and ensuring their accuracy and integrity. They play a crucial role in workplace drug testing programs, ensuring that the results are accurate, reliable, and confidential.

If your organization conducts drug testing, especially if government regulations mandate it, involving an MRO in the process is highly recommended. In the United States, for instance, the Department of Transportation (DOT) requires companies to use an MRO for drug testing of employees in safety-sensitive positions.

An MRO can help in the following ways:

1. Review laboratory results: They can ensure that the laboratory follows proper testing procedures and that results are accurately reported.

2. Evaluate medical explanations: If an employee tests positive for a drug, the MRO will contact the employee to determine if there is a legitimate medical reason for the result, such as a prescription medication.

3. Maintain confidentiality: MROs are bound by strict confidentiality rules to protect employees' privacy.

4. Ensure compliance: By involving an MRO in your drug testing program, you help ensure that your organization follows applicable laws and regulations.

5. Provide expert advice: MROs can offer guidance on drug testing policies and procedures, helping organizations navigate the complexities of drug testing programs.

In conclusion, involving a Medical Review Officer in your drug testing program can help ensure accuracy, reliability, and compliance with applicable laws and regulations.