US workplace drug test cheating on the rise

Mickey Moore: Study's data of increased drug positivity rate is consistent with industry findings.

Angela Garrison: Lack of employee education persists on marijuana testing policies at workplaces.

Chip Sheppard: Employers should have at least one member stay current on drug-related workplace issues.

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A recent national study revealed that U.S. workers are cheating on workplace drug tests at a record-high level.

The percentage of employees whose drug test showed signs of tampering jumped more than six-fold in 2023 from a year prior, according to an annual report from Secaucus, New Jersey-based drug testing company Quest Diagnostics (NYSE: DGX). Quest conducted nearly 9.8 million drug tests in 2023 on behalf of employers. Of that total, 8.4 million were urine-based drug tests, 1.3 million were oral fluid tests and 73,000 were hair tests. 

The increase in substituted urine specimens in the U.S. workforce – roughly 31,000 of over 5.5 million tests – was 633%, according to the report. Quest’s analysis of lab data also found that the urine drug positivity rate for all drugs in the overall U.S. workforce remained at a record high of 4.6%, up over 30% from a low of 3.5% between 2010 and 2012. The overall positivity remains at the highest level in more than two decades.

“Honestly, it’s fairly consistent with what we’ve been discussing within the industry,” said Mickey Moore, owner and CEO of Springfield-based Tomo Drug Testing, of Quest’s report. “It’s certainly consistent in the findings regarding overall drug use.”

Moore said the report was released during an industry conference of the National Drug and Alcohol Screening Association, for which he serves as a board member.

The report comes amid an increasing number of states that are legalizing marijuana. Almost half the country – 24 states along with the District of Columbia – have legalized marijuana for recreational use. Those states also comprise the 38 that allow for the use of cannabis and its byproducts for medical purposes, according to the National Organization for the Reform of Marijuana Laws.

Since 2019, the incident rate of workers testing positive for marijuana consumption has jumped 45.2%, according to Quest’s report.  Marijuana also is the report’s most frequently detected drug.

Since Missouri voters approved legalizing recreational marijuana in 2022, Moore said he can’t recall any of Tomo’s clients ceasing tests for the drug.

In the process
Tomo primarily works in employee drug testing, Department of Transportation regulations, student prevention programs and testing for drug court, probation and parole matters, according to past Springfield Business Journal reporting. It has roughly 2,600 active clients, 1,600 of which are in Missouri, said President Angela Garrison. The 1991-founded company, previously known as Employee Services of Missouri LLC, has expanded in recent years to Indiana, Kansas, Nevada and Oklahoma. Moore said Tomo will begin operations in Texas by August.

“We test many states across the country, and so there are still a few states that are hanging on with no marijuana legalization at all,” Garrison said. “But in states like Missouri that do have recreational marijuana, there is I think still a lack of education when it comes to the fact that just because it’s legal doesn’t mean you can use, and you won’t be drug tested for it at work.”

Two parts of the testing process can identify cheating at Tomo, Moore said.

“One is in the collection process of the specimen where our collectors are trained to identify if a specimen has been adulterated or substituted, whether that’s by odor or color or temperature,” he said, adding if it passes at the point of collection, there is a subsequent testing effort at the lab.

Some companies utilize point of collection testing, he said, which provides a rapid method to determine possible drug or alcohol use.

“In the case of anything that shows up, all non-negative tests at the point of collection are sent off to the lab to confirm,” he said.

While Moore didn’t want to draw attention to popular cheating methods, he acknowledged there are several products online that claim ways to supposedly cheat drug tests.

“We’ve had some people who have inserted a balloon inside themselves with somebody else’s urine,” he said, recalling one of the more bizarre cheating methods. “If there’s a way to cheat, people likely have tried it.”

Employer challenges
Chip Sheppard, an attorney and chair of the cannabis and marijuana law group at Carnahan Evans PC, said what stood out to him in the Quest study was further confirmation that Americans with pain issues are switching from highly addictive opioids to marijuana. That is creating an increased motivation to cheat on the tests, he said. According to the study, over the past five years, incidents of workers testing positive for oxycodone and hydrocodone has dropped over 30% and 37%, respectively.

With the state’s marijuana legalization, challenges continue to exist for employers, particularly when it comes to hiring or firing decisions, Sheppard said.

“If the employer policy is that a positive marijuana test result is a reason for not hiring or termination, they are finding it more difficult to hire qualified employees as many of the most qualified may test positive for marijuana use days or weeks before the test,” he said via email.

Urine drug tests can detect THC for 30-45 days for frequent marijuana users and 1-7 days for light consumers, according to online cannabis marketplace and information resource Leafly.

Sheppard said employers having a drug use policy is more of a priority in a safety sensitive workplace, such as health care and construction settings, versus an office environment.

“At a minimum, any workplace drug testing policy should not rely solely on a positive marijuana test to take remedial action such as to discipline an employee unless it is a safety sensitive position that, due to governmental regulations, has negative ramifications for the employer such as fines, loss of licensing, among other issues,” he said.

Sheppard recommended the policy also have a form for the employer to fill out that details observations by management and co-workers of the employee’s alleged behavior and statements that conclude that the individual has used alcohol or drugs. Drug testing can then be used to confirm or conflict with those observations. 

Springfield-based Penmac Staffing Services Inc., which operates 30 offices in eight states, has more than 600 client companies and employed over 20,000 associates in 2023, according to its website. Nancy Riggs, regional vice president with the staffing agency, said it drug screens all its employees seeking positions in the manufacturing sector. That includes THC testing, she said.

“We work with hundreds of employers in the Springfield market, and they share their drug screening requirements with Penmac, and we follow their guidelines,” she said via email. “Since marijuana legalization, we have observed minimal changes in our customers’ drug screening policies. A few customers removed marijuana testing from their drug screens requirements, but in our experience, it was a small number and was based on their review of whether the positions were safety sensitive.”

Riggs said employers face challenges in training supervisors on how to identify if workers are under the influence at work. Legal and drug testing officials speaking last summer at a Springfield Area Chamber of Commerce event agreed employers should take the lead to ensure their policies regarding drug and alcohol use in the workplace are clearly defined and up to date.

On that point, Sheppard said at least one staff member should be tasked by the employer to stay current on drug- and alcohol-related workplace issues, be the main contact with a drug policy consultant or attorney and familiarize themselves with side effects of marijuana, as well as other popular drugs and alcohol, to recognize an employee issue as soon as possible. The observation of a potential issue should adhere to a policy template, followed by testing, if deemed necessary.

Regarding cheating, Moore said recovery-ready workplaces was a topic of discussion at the NDASA conference. The workplaces adopt policies that, in part, expand employment opportunities for people in or seeking recovery and facilitate help-seeking among employees with substance use disorder, according to the U.S. Department of Labor website.

“What’s driving people to cheat may be the potential of what is the consequence if I’m caught, as opposed to how can we work with this individual to get through a situation they’re currently facing and still maintain our interest in a safe workplace, but also in the interest of helping others become the best versions of themselves,” Moore said, adding employers should seek solutions beyond ending an employee’s job in the event they test positive for drugs or alcohol. “Instead of immediate termination, what programs can I refer them to?”