To many, the idea of submitting a urine sample as a condition of employment seems invasive and a breach of privacy. However, the history of drug testing dates back decades, shaping workplace policies and regulations. But where did this idea originate?
The Origins of Drug Testing
Drug testing saw its beginning shortly after the Vietnam War when President Richard Nixon directed the military to initiate a urine drug testing program. Disturbingly high positivity rates among military personnel led the Department of Defense to formally define forensic drug testing requirements in 1982.
Military Drug Testing and Its Impact
In the mid-1980s, Quest Diagnostics began offering employer drug tests, though employee drug testing did not become common until 1991 when the Omnibus Transportation Employee Drug Testing Act was passed. The Omnibus Transportation Employee Drug Testing Act required the drug and alcohol testing of U.S. Department of Transportation applicants and employees.
Many state regulatory agencies established rules regarding the handling of worker’s comp and unemployment claims when employees failed drug tests. At this time, twelve states offer workers comp premium discounts to employers who employ state-defined drug-free workplace programs.
The Rise of Workplace Drug Testing
In 1988, Quest Diagnostics released the first Drug Testing Index (DTI), which examined positivity rates and comprehensive analysis of drug-use trends. The first DTI highlighted a drug test positivity rate of 13.6%.
Legislation That Shaped Drug Testing
Also in 1988, Congress passed both the Drug-Free Workplace Act and the Anti-Drug Abuse Act in response to a mounting number of drug and alcohol-related accidents, including one fatal train accident in which the train’s operator tested positive for marijuana.
With the new federally-mandated drug testing regulations, a growing industry of testing providers, and revealing data from sources like the DTI, private sector employee drug testing took off. As for any 4th Amendment concerns, private businesses are not subject to the strictures of the Fourth Amendment unless their testing programs are mandated and regulated by law.
Declining Positivity Rates and Effectiveness
Since that first study in 1988, drug test positivity rates continually declined among employers with a drug testing program in place. From a high of 13.6% in 1988, down to 3.5% in 2012, this downward trend suggests that drug testing effectively discourages drug use among the American workforce.
Recent Trends in Drug Testing
In the last few years, there have been dramatic increases in positivity in certain sectors. The headline for Quest’s 2018 DTI, released in April 2019, states: “Workforce Drug Testing Positivity Climbs to Highest Rate Since 2004.” You can view an interactive map here.
In September 2019, Quest reported that from 2015-2018, several industries saw double-digit increases in marijuana positives. Transportation & Warehousing (non-DOT) had a 53.3% increase, while Mining saw a 50% rise. Wholesale Trade increased by 47.1%, and Construction followed closely at 46.7%. Manufacturing saw a 38.5% increase, while Accommodation and Food Services rose by 37.9%. Administrative Support, Waste Management, and Remediation Services experienced a 33.3% rise. Public Administration increased by 30.0%, and Retail Trade saw a 29.6% increase.
Among all sectors, Construction showed the highest positivity rate for cocaine. It was more than 40 percent higher than the national rate in 2018. Construction was also the only sector with year-over-year increases in methamphetamine positivity. The positivity rate increased by 20 percent from 2015 to 2018. In 2018, the construction sector’s methamphetamine positivity rate was more than 30 percent higher than the national average.
Does Drug Testing Work?
Having a drug testing program in place seems to lead to lower positivity rates. Drug users seek employment where they are not likely to be drug tested.
According to the Substance Abuse and Mental Health Services Administration (SAMHSA), 11% of adults employed full-time currently use illegal drugs. The U.S. Department of Labor states that more than 60% of adults know someone who has come to work under the influence of alcohol or other drugs.
These statistics suggest that drug use occurs at a higher rate than is detected in employee drug tests. This again lends credibility to the fact that drug testing programs deter drug use.
Conclusion: The Future of Drug Testing
Employee drug testing exists for a reason. Borne out of safety concerns for federal employees, private sector employers have embraced the safety and productivity benefits that accompany a drug free workplace. Approximately 80% of the industry is for non-regulated employers, with the majority of the remainder falling under US Department of Transportation regulations.
