Pubdate: Sun, 23 Jul 2000
Source: Macon Telegraph (GA)
Copyright: 2000The Macon Telegraph Publishing Company
Contact:  P.O. Box 4167, Macon, GA 31208-4167
Fax: (912) 744-4385
Website: http://www.macontelegraph.com/
Author: Mara Shalhoup

BIBB COUNTY PREPARING NEW DRUG TESTING POLICY

Commission Readying Zero Tolerance Rule For All County
Employees

Hundreds of Bibb County employees have signed it.

The one-page agreement, signed and dated on the bottom, promises
compliance with the county's 11-page policy on alcohol, drugs and
controlled substance abuse.

The fourth paragraph of the agreement reads: "I realize that my
refusal to sign this form constitutes a violation of the stated policy
... and for that refusal, I may be disciplined up to and including
discharge."

A similarly worded agreement is presented to new hires at most
government jobs and an estimated 66 percent of private firms,
according to a survey by the American Management Association.

To enforce its policy, Bibb County requires about two-thirds of its
800 employees to agree to random drug tests, according to Gilda Scott,
the county's risk management director. Groups of 20 employees,
computer-picked usually once a month, must show up at a moment's
notice to hand over a urine sample.

When employees test positive, their supervisor must contact them
within five days. The employee then has the option to pay for another
test of the original sample, half of which is saved.

If it's negative, the employee is reimbursed for the cost of the
test.

"I've never had that happen," Scott said.

If it's positive, the policy had been for the employee to be offered
counseling and a chance at keeping the job.

But employees will not have that chance in the future, the Bibb County
Commission has decided.

Commission Chairman Larry Justice said during a June 30 meeting that
the commission supports a zero tolerance drug policy, and a stiffer
policy is in the works. A final draft of the new policy could come
before the commission in August.

The commission saw a need for a new policy when a random drug test of
the county's public works department netted 10 positive results out of
82 employees in early June. The department was tested because a public
works employee had tested positive after an accident while driving a
county vehicle.

"Occasionally we'll have one or two (positive results)," Scott said.
"Or we'll go months without any."

This number of positives was the most the commission had seen, and the
tally shocked commissioners into action.

The new policy will be, if you fail a drug test, you lose your
job.

Because the zero tolerance warning was not issued until late June, the
10 employees who had tested positive weeks earlier were not
automatically terminated.

Three of them, however, were fired because of other blemishes on their
work records.

No random drug tests have taken place since the 10 positive results,
Scott said. She said that by the time the next test is administered,
the proposed policy could be finalized.

"We're in a state of change right now," Scott said. "We need to
educate employees."

Who is tested

Bibb County conducts drug tests to ensure safety, provide efficiency
and protect the county from liability, according to its current policy.

The county therefore tests, at random and unannounced intervals, all
employees who hold a commercial driver's license, operate a county
vehicle, receive a car allowance or drive on the job, as well as law
enforcement and maintenance workers. Such employees are considered
"safety sensitive."

Non-safety sensitive positions, including elected officials,
secretaries and clerks, mostly go untested, Scott said.

But they can be called in for a test on reasonable suspicion, such as
physical signs and symptoms of drug use, displays of violence, or
accidents considered to be "serious or potentially serious."

Bibb County's current policy, and its proposed one, are drafted
according to state and federal laws and rulings on drug testing.

Georgia law provides employers a discount on their state workers
compensation insurance premiums if they maintain a "drug-free
workplace" and sets rules for testing.

"If testing is conducted based on reasonable suspicion, the employer
shall promptly detail in writing the circumstances which formed the
basis of the determination that reasonable suspicion existed,"
according to a Georgia code section.

Forsyth City Councilman Melvin Lawrence sued the city in federal court
for what he considered an unfairly administered drug test. Lawrence
filed suit in April, alleging that his Fourth Amendment rights were
violated when the city forced him to take a "suspicionless" test in
March.

The judge agreed with Lawrence, ruling that the city may have erred
and that Lawrence could not be fired.

"In this case ... the City of Forsyth fails to show that the policy of
random drug testing for elected officials is warranted by a special
need," according to an order filed in May in U.S. District Court.

The city of Forsyth had in 1996 amended its random drug testing policy
to include elected officials. The order, drafted by Judge Duross
Fitzpatrick, states that random drug tests, while appropriate for
those who operate government vehicles or carry firearms, are
unnecessary for elected officials.

The order cites a 1977 U.S. Supreme Court decision, which originated
in Georgia, that declared it is unconstitutional to require candidates
to take drug tests unless there is a "special need." Although Lawrence
was not a candidate at the time of the testing, Fitzpatrick ruled in
his favor.

Lawrence, 53, had tested positive for cocaine metabolites, which he
denied using.

How tests work

A drug test typically starts with a urine sample. From there, a strict
chain of custody form accompanies the sample from clinic to laboratory.

The sample is split, with half saved in case there is a need to
re-test. The other half undergoes a screening test.

According to Scott, the screening test the county uses costs $23. She
also said that at least half of employees in the drug test pool must
be randomly tested each year. So in screening tests alone, the county
spends about $6,000 annually. The figure does not include the cost of
screening new hires or of confirmation tests, which must follow
positive screening test results.

The screening test's sensitivity is generally above 99 percent,
according to a guide to testing on Columbia University's Presbyterian
Medical Center's Web site.

The screening test reports levels of marijuana, "which can be detected
for up to 14 days after repeated use," as well as opiates, cocaine,
amphetamines and barbiturates, which are present for two to four days
after use, according to the Columbia University information.

"False-positive results from urine drug screening are possible due to
cross-reaction with other medications or naturally occurring compounds
in foods," the guide states.

A poppy seed muffin, for instance, can lead to detectable opiate
levels in urine. Cough medicine also commonly causes a false-positive
result.

Therefore a second, more expensive confirmation test is necessary "to
prevent falsely implicating persons as users of illegal drugs," the
guide states. "These procedures reduce, but do not eliminate, the
possibility of false-positive results due to cross-reactions,
contamination, or mislabeled specimens."

The Georgia law on insurance discounts requires confirmation
tests.

"There's always a second test," Scott said of Bibb County employees
who fail the screening test.

Drug test opposition

The problem with drug tests, some argue, is that they arbitrarily
detect drugs.

An attorney with the American Civil Liberties Union, speaking before
the House of Representatives in a May 1998 hearing, described some of
the problems with drug tests. Representatives were considering a
provision for $10 million in federal funding to small businesses for
drug testing.

Drug tests, attorney Solange Bitol said, are not appropriate in
determining how well someone performs on the job. He said an employee
who smokes marijuana on Saturday could test positive Monday, while a
worker who snorts cocaine on the way to work could test negative that
morning. Cocaine metabolites take longer to appear in urine than
marijuana ones, and they leave more quickly, Bitol said.

"It is unfair to force workers who are not even suspected of using
drugs to 'prove' their innocence through a degrading and uncertain
procedure that violates personal privacy," Bitol said.

Bibb County, however, reports no dissent among employees, whose drug
test results are kept confidential.

Scott said she has received no complaints.

And she said that with proper education, she doesn't foresee employees
having a problem with another policy.

"It's part of their employment," Scott said. "They signed and agreed
to the first policy."

To contact Mara Shalhoup, call 744-4296 or e-mail  ---
MAP posted-by: Derek