Question: My employee was acting in an unusual manner, so we tested them under our drug and alcohol policy. The test came back negative, but we still believe that the employee is under the influence of some type of substance. What should we do?
Answer: In general, you should allow your supervisors to document unusual employee behavior and follow reasonable suspicion testing procedures in your drug and alcohol policy. If the employee returns with a negative test result, you should continue to observe them for signs of impairment. You should also hold them accountable for their performance while in the workplace. If they fail to perform their job duties, then you can discipline them according to your company policies.
You should be aware that some drugs, specifically synthetic opioids like fentanyl, aren’t detected on a standard 5-panel drug screen. According to the Centers for Disease Control (CDC)'s National Institute for Occupational Safety and Health (NIOSH), fentanyl is a powerful drug that is similar to morphine and heroin, with a high potential for abuse. Fentanyl and similar types of opioids are commonly mixed with drugs like heroin, cocaine, and methamphetamine, but fail to show up on drug tests when used alone.
The bottom line is that employees who are impaired at work represent a risk to themselves, their coworkers, and your company. As fentanyl use becomes more widespread, there is growing demand for reliable and effective ways to test for impairment. Contact your testing provider to find out your options to expand your testing procedures to test for drugs like fentanyl. If you have specific questions about a drug and alcohol situation in the workplace, be sure to contact your Vigilant Law Group employment attorney.