By Chad Engle, Loss Prevention Manager and Safety Specialist
As NIRMA renews our annual DOT Drug and Alcohol testing agreements with Medical Enterprises, Inc. (MEI), questions often arise about non-DOT drug and alcohol testing. MEI continues to serve as a Consortium/Third Party Administrator (C/TPA) for many NIRMA members, and NIRMA covers the annual fee for members who choose to use MEI as their provider. Among their services, MEI manages random testing pools for participating counties.
During recent discussions, MEI noted that some NIRMA members also rely on their services for non-DOT pre-employment drug and alcohol testing. While this isn’t a new practice, it is a topic that deserves careful consideration.
When Is Non-DOT Drug or Alcohol Testing Allowed?
For governmental employers, non-DOT drug or alcohol testing is permitted only for positions that are considered safety sensitive. Testing employees in non-safety sensitive positions—whether during hiring or through random testing—may expose a county to civil rights violation claims.
What Is a Safety Sensitive Position?
A “safety sensitive” position is one in which an employee’s momentary lapse in attention can create a high likelihood of serious injury to others. These positions carry the possibility of “disastrous consequences” should impairment occur before any signs become noticeable to supervisors. Common examples include:
- Law enforcement officers
- Firefighters
- Health care workers responsible for direct patient care
- Employees who transport passengers
- Employees who operate heavy or large equipment
NIRMA’s Guide to Creating a Personnel System provides additional information on drug and alcohol testing.
Avoid Blanket Classification
It may be tempting to categorize all employees in a department—such as all Road Department or Sheriff’s Office employees—as safety sensitive. However, this approach is not recommended. Determinations must be made position-by-position, based on actual job duties and tasks.
To properly identify safety sensitive roles, counties should ensure they have:
- Accurate, up-to-date job descriptions outlining essential duties
- A clear, written drug testing policy specifying which positions are safety sensitive and the testing procedures
Need Assistance?
If you have questions about your current drug and alcohol testing program—or if your county is considering creating or revising one—NIRMA’s HR Help Line is available at 1.866.896.6423 to assist you.
