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General information about drug testing in the United
States
Drug tests in the United States can be divided into two
general groups, federal mandated and general workplace.
Federal mandated drug testing started when President Ronald
Reagan enacted via executive order, that federal workers
refrain from using illegal substances. Subsequent federal
legislation required drug testing within the executive branch
of government as well as "safety sensitive" occupations within
the trucking, mass transit, rail, airline, marine, and oil and
gas pipeline sectors. Drug testing guidelines and processes,
for federally mandated drug testing, are established and
regulated (by the
Substance Abuse and Mental Health
Services Administration/ SAMHSA, formerly under the
direction of the
National Institute on Drug
Abuse / NIDA. Referred to as the NIDA-5, or standard
SAMHSA six panel test, the laboratory based urine test includes
marijuana, opiates (codeine and heroin),
amphetamine/methamphetamine, and PCP. Unfortunately, these test
classes were established decades ago, with little major
revision, and do not account for current drug usage
patterns. For example, SAMHSA / DOT tests exclude
semi-synthetic opioids, such as oxycodone,
oxymorphone,
hydrocodone, hydromorphone, etc., and other
prescription pain medications widely abused in the United
States.
While SAMHSA/NIDA guidelines only allow laboratories to
report quantitative results for the "NIDA-5" on their official
NIDA tests, many drug testing laboratories and on-site tests
now offer a wider or "more appropriate" set of drug screens
which may be more reflective of current drug use patterns. As
noted above, these tests include semi-synthetic pain killers
such as Oxycodone (Oxycontin, Percocet), Oxymorphone, Hydrocodone
(Vicodin), Hydromorphone;
benzodiazepines (Valium, Xanax, Klonopin, Restoril) and
barbiturates.
Other drugs, such as
meperidine (Demerol), fentanyl,
propoxyphene, and methadone
are not commonly tested for in most pre-employment
situations, however, are being increasing included in
random testing.
A confirmation test (usually
GC/MS, or LC/MS/MS) can tell
the difference between chemically similar drugs such as
methamphetamine and methylenedioxymethamphetamine (MDMA or
ecstasy).
Common types of drug tests
Urine drug screen
When an employer requests a drug test from an employee the
employee is typically instructed to go to a collection site.
The employee’s urine is collected at a remote location in a
specially designed secure cup, sealed with a tamper resistant
tape, and sent via express delivery service to a testing
laboratory to be screened for drugs (typically SAMHSA 5
panel).
The first step at the testing site is to split the urine
into two aliquots. One aliquot is first screened for drugs
using an analyzer that performs immunoassay as the initial
screen. If the urine screen is positive then another aliquot of
the sample is used to confirm the findings by gas
chromatography - mass spectrometry (GC-MS) methodology. All
test results are relayed to an MRO (Medical Review Office)
where a medical physician reviews the results. If the result of
the screen is negative, the MRO informs the employer that the
employee has no detectable drug in the urine. However, if the
test result of the immunoassay and GC-MS are non-negative and
show a concentration level of parent drug or metabolite above
the established limit, the MRO contacts the employee and to
determine if there is any legitimate reason - such as a medical
treatment or prescription.
On-site instant drug testing is becoming more widely used in
states allowing it as a more cost-efficient method of
effectively detecting drug abuse amongst employees, as well as
in rehabilitation programs to monitor patient progress. These
instant tests can be used both in urine testing, as well as
saliva testing, and the accuracy of the tests depends on the
manufacturer, but there are some kits out there that are
extremely accurate, holding a 99% correlation to the GC/MS
laboratory testing.
About 5% of the all pre-employment urine samples tested in
the U.S. turn out positive for drugs. The percentages are much
higher for post-accident and/or reasonable suspicion
testing.
The efficacy of urine testing is debatable due to systematic
cheating (adulteration and/or substitution of the specimen).
Sample substitution and adulteration occur frequently, and both
are effective methods of avoiding would-be positive tests.
While most laboratories performing drug screens test for
adulterants routinely, they can not keep pace with the various
forms of adulterants available.
There are many reasons that an individual may produce a
dilute urine specimen, the majority of which are the result of
normal physiological processes (e.g. pregnancy, diabetes, etc.)
specific circumstances, or an individual's personal
characteristics (e.g., body type, sex, race, athleticism).
Because dilute specimens are relatively common for these
reasons, neither the HHS Guidelines nor the U.S. Department of
Transportation Procedures for Transportation Workplace Drug and
Alcohol Testing Programs permit further processing of negative
and dilute specimens. Specific gravity testing can be done to
identify whether or not the sample is of dilute nature.
Hair alcohol testing
As the hair grows, it absorbs special markers called fatty acid
ethyl esters (FAEEs) and ethyl glucuronide (EtG) into its
structure, which remain in the hair indefinitely. These markers
are only produced when there is alcohol in the bloodstream,
such that the more markers there are, the more alcohol you have
consumed.
Tests detecting both FAEE and EtG levels have been used by
UK courts. Trimega is the 1st company to commercialise this
testing in both the UK and US judicial system is Trimega
Laboratories of London. The company also is the only company in
the world that can provide testing of both ETG and FAEE at the
same time therefore increasing accuracy of the results.
Analysis of hair samples has many advantages as a
preliminary screening method for the presence of toxic
substances deleterious to health after exposures in air, dust,
sediment, soil and water, food and toxics in the environment.
The advantages of hair analysis include the non-invasiveness,
low cost and the ability to measure a large number of,
potentially interacting, toxic and biologically essential
elements. Hence, head hair analysis is now increasingly being
used as a preliminary test to see whether individuals have
absorbed poisons linked to behavioral health problems.
In contrast to other drugs consumed, alcohol is not
deposited directly in the hair. For this reason the
investigation procedure looks for direct products of ethanol
metabolism. The main part of alcohol is oxidized in the human
body. This means it is released as water and carbon dioxide.
One part of the alcohol reacts with fatty acids to produce
esters. The sum of the concentrations of four of these fatty
acid ethyl esters (FAEEs: ethyl myristate, ethyl palmitate,
ethyl oleate and ethyl stearate) are used as indicators of the
alcohol consumption. The amounts found in hair are measured in
nanograms (one nanogram equals only one billionth of a gram),
however with the benefit of modern technology, it is possible
to detect such small amounts. In the detection of Ethyl
Glucuronide, or EtG, testing can detect amounts in picograms
(one picogram equals 0.001 nanograms).
However there is one major difference between most drugs and
alcohol metabolites in the way in which they enter into the
hair: on the one hand like other drugs FAEEs enter into the
hair via the keratinocytes, the cells responsible for hair
growth. These cells form the hair in the root and then grow
through the skin surface taking any substances with them. On
the other hand the sebaceous glands produce FAEEs in the scalp
and these migrate together with the sebum along the hair shaft
(Auwärter et al., 2001, Pragst et al., 2004). So these glands
lubricate not only the part of the hair that is just growing at
0.3 millimeters per day on the skin surface, but also the more
mature hair growth, providing it with a protective layer of
fat.
FAEEs (nanogram = one billionth of a gram) appear in hair in
almost one order of magnitude lower than (the relevant order of
magnitude of) EtG (picogram = one trillionth of a gram). It has
been technically possible to measure FAEEs since 1993, and the
first study reporting the detection of EtG in hair was done by
Sachs in 1993.
In practice, most hair which is sent for analysis has been
cosmetically treated in some way (bleached, permed etc.). It
has been proven that FAEEs are (surprisingly) not significantly
affected by such treatments (Hartwig et al., 2003a). FAEE
concentrations in hair from other body sites can be interpreted
in a similar fashion as scalp hair (Hartwig et al., 2003b).
Saliva drug screen / Oral fluid-based drug
screen
Saliva / oral fluid-based drug tests can generally detect
use during the previous few days. Saliva or oral fluid based
drug tests are becoming more prevalent because of their
convenience and the fact that they are very difficult to
adulterate. Furthermore, on-site oral based tests in particular
enable the implementation of random testing programs, proven to
be the most effective type of drug screening. Testing is
usually performed by employers, for either pre-employment,
random, post-accident, reasonable suspicion, or return-to-duty
testing. Oral fluid based testing most closely mimics results
found with blood and is preferable for detecting on-the-job
drug use or in post-accident applications in this case because
the degree of intoxication can be approximated based on the
amount of substance.
Detection in saliva tests begins almost immediately upon use
of the following substances, and lasts for approximately the
following times:
Alcohol: 6-12 hours
Marijuana and hashish (THC): 12-24 hours
Cocaine (including crack): 1 day
Opiates: Up to 2-3 days
Methamphetamine ("Tweak," "crank," "ice") and ecstasy (MDMA,
"Molly") : Up to 2 to 4 days.
Benzodiazepines: From time of ingestion up to 2 to 3 days
Amphetamines 3 days
Phencyclidine (PCP) 3 days
NOTE: Saliva tests are highly sensitive and detection times
can vary considerably based on the cutoffs used.
Sweat drug screen
Sweat tests are patches attached to the skin to collect
sweat over a long period of time (1-4 Hours). These are almost
exclusively used by child protective services, parole
departments, and other government institutions concerned with
drug use over long periods, when urine testing is not
practical.
Drug testing methodologies
The different types of drug tests are tested in very similar
ways. Before testing the sample, the tamper-evident seal is
checked for integrity. If it appears to have been tampered with
or was damaged in transit, the laboratory rejects the sample
and does not test it.
One of the first steps for all drug tests is to make the
sample testable. Urine and oral fluid can be used "as is" for
some tests, but other tests require the drugs to be extracted
from urine beforehand. Strands of hair, patches, and blood must
be prepared before testing. Hair is washed in order to
eliminate second-hand sources of drugs on the surface of the
hair, then the keratin is broken down using enzymes. Blood
plasma may need to be separated by centrifuge from blood cells
prior to testing. Sweat patches are opened up and the sweat
collection component is soaked in a solvent to dissolve any
drugs present.
Laboratory-based drug testing is done in a two-tiered
fashion using two different types of detection methods. The
first is known as the screening test, and this is applied to
all samples that go through the laboratory. The second, known
as the confirmation test, is only applied to samples that test
positive during the screening test. Screening tests are usually
done by immunoassay (EMIT, ELISA, and RIA are the most common).
A "dipstick" drug testing method which could at some future
time provide screening test capabilities to field investigators
has been developed at the University of Illinois.
After a suspected positive sample is detected during
screening, the sample is flagged and tested using the
confirmation test. Samples that are negative on the screening
test are discarded and reported as negative. The confirmation
test in most laboratories (and all SAMHSA certified labs) is
performed using mass spectrometry, and is extremely precise but
also fairly expensive to run. False positive samples from the
screening test will be negative on the confirmation test.
Samples testing positive during both screening and confirmation
tests are reported as positive to the entity that ordered the
test. Most laboratories save positive samples for some period
of months or years in the event of a disputed result or
lawsuit. For workplace drug testing, a positive result is
generally not confirmed without a review by a Medical Review
Officer that will normally interview the subject of the drug
test.
Types of testing
Pre-employment drug testing
This is by far the most common type of drug test used by
businesses, however, it is also the least effective. It is
considered to be an "intelligence test" by drug testing
professionals. It has the advantage of being inexpensive, since
only one test per employee needs to be paid for by the company.
However, since most pre-employment drug testing is urine-based
and subject to sample adulteration or substitution, the
effectiveness of this approach has been questioned by federal
legislators. Some organizations have a witness in the room at
the time of the testing, but the privacy implications of this,
as well as the potential for shy bladder syndrome has limited
the use of witnesses outside jails and drug treatment programs.
Companies and testing centers that do not use witnesses
normally disconnect sources of water from the testing room to
discourage dilution, and if there is water in the toilet, it is
dyed blue. Other countermeasures, such as making the donor
change into a gown, may also be used.
Random drug testing
Random drug testing is the most effective format. In the
USA, random drug testing is used by a growing number of
corporations, drug rehab centers, prisons, the military, police
and fire departments, government agencies, and more recently,
schools. It may also be used on teens by their parents, or
mandated to be performed at school. The objective of a random
drug test is deterrence, as the threat of detection is much
higher versus other testing methods. Various random selection
methods are used, ranging from drawing names out of a hat to
using random number generators.
Critics of random testing claim that random drug testing
introduces a presumption of guilt, and is a violation of
privacy if the drug user is not actually intoxicated during
working hours. In addition, urine-based random testing is more
likely to catch cannabis users, since THC metabolites are fat
soluble and have a longer duration in the body than those of
many other drugs.
Post-incident drug testing
Post-incident drug testing is not a very commonly
administered test compared to the other two, but the financial
ramifications of not testing employees after an accident (or
other incident) on the job makes this test worthwhile for most
businesses. The point of this test is not necessarily to cause
the employee to lose his or her job, but rather to protect the
company from liability in the event that the individual is
under the influence at the time of the accident. If drugs or
alcohol are detected in any significant quantity, the argument
can be made in court that the individual was intoxicated on the
job, and for that reason, the company should not be held liable
for injuries sustained by the employee. This argument, however,
can only reasonably be made if blood or oral fluid / saliva
testing is used. Urine, hair, or sweat based testing can only
detect past drug use. Depending upon the facts of each case,
this may help a company avoid litigation completely or may do
nothing to help their case. DUI testing would also fall into
this category. Another time this type of test may be used is if
an employee shows up for work intoxicated, has alcohol on his
or her breath, or appears to be impaired in some other way.
The sample should follow chain of custody requirements and
should always be sent to a lab after collection. Positive
on-site tests that may affect an employee's position or
situation should always be followed up with a laboratory test
before any action is taken against the employee.
Drug testing methods
Urine drug testing
Urine drug test kits are available as on-site tests, or
laboratory analysis. Urinalysis is the most common test type
and used by federally mandated drug testing programs, yet
likely the least effective.
The main advantages of urine-based drug test kits
is/are (1.) the ease at which they can be "cheated" via simple
adulteration or substitution, unless specimen collection is
directly observed, (2.) inability to detect current /
on-the-job drug abuse, (3.) the need for bathroom facilities,
and (4.) with respect to SAMHSA-5, or NIDA-5, the inability to
test for drugs commonly abused/mis-used in current society.
Saliva drug testing
Saliva (oral) drug test kits are easy for the tester to
collect the specimens. There is no need for a bathroom to
administer the tests. Saliva drug testing tends to detect
recent drug use. Also these drug tests are harder to adulterate
than the urine drug tests since the sample can be obtained
under direct supervision. Depending on the test, up to 8
different drugs could be detected. This method is the best
method for determining recent use and is a potential indicator
of impairment.
A disadvantage of saliva based drug testing is that it is
not approved by SAMHSA for use with DOT / Federal Mandated Drug
Testing. Oral fluid is not considered a bio-hazard unless there
is visible blood, however, it should be treated with care.
Spray (sweat) drug testing
Spray (sweat) drug test kits are considered by some to
be "non-invasive". It is very easy to collect the specimen
and no bathroom is needed for taking the specimen. The
detection window is long and usually can detect drug use up to
a couple of hours. These drug tests are relatively tamper proof
since they are hard to manipulate. A laboratory is not required
for analysis.
The main disadvantage of spray or sweat based drug testing
is the fact that they are open to contamination. Also large
variations of sweat production rates of possible donors make
some results inconclusive. There is not much variety in these
drug tests since they are not as popular as urine or saliva
drug testing kits. Their prices tend to be higher per test
conducted. One main disadvantage of this testing method is the
limited number of drugs that can be detected, and the ability
to produce instant results.
Hair drug testing
Hair drug testing can provide a much longer window of
detection, which is useful for highly safety-critical positions
where there is zero tolerance of drug usage. Even if the person
being tested has a shaved head (perhaps in preparation for the
test), hair can also be taken from almost any other area of the
body. This includes facial hair, the underarms, arms, and
legs.
Though it is often claimed that hair test cannot be tampered
with by any known means, it has been shown that this is simply
untrue. For example, THC does not readily deposit inside
epithelial cells so it is possible for cosmetic and other forms
of adulteration to reduce the amount of testable canaboids
within a hair sample.
Legality and ethics of mandatory drugs
testing
United States
Mandatory drug testing entered American life through two
separate historical routes. The first was through the common
law system, employing precedents philosophically derived from
the idiosyncratic rules governing the "king's forest" and the
"king's highway". From these arcane precepts are derived the
laws which allow legal authorities to detain and test persons
under suspicion of driving under the influence of a
psychoactive drug.
The second route was more recently constructed and
originated from an incident that occurred in the US Navy. After
a plane crashed onto the carrier deck of the USS Nimitz in
1981, killing and injuring dozens of personnel, drug testing
was instituted immediately. The results revealed a large
substance-abusing cohort within the ranks of enlisted persons
and officers. As a result of this single incident, the
Secretary of the Navy instituted an intensive drug testing and
regulation program. These interventions were then adopted by
other branches of the service over a three-year period. From
these actions was derived the concept of a "drug-free
workplace". In consultation with his drug-czar, Dr. Carlton
Turner, President Ronald Reagan issued Executive Order 12564.
In doing so, he instituted mandatory drug-testing for all
safety-sensitive executive-level and civil-service Federal
employees. This was challenged in the courts by the Natl.
Treasury Employees Union. In 1988, this challenge was
considered by the US Supreme Court. A similar challenge
resulted in the Court extending the drug-free workplace concept
to the private sector. These decisions were then incorporated
into the White House Drug Control Strategy directive issued by
President George H.W. Bush in 1989.
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