When is one person's safety an infringement upon another person's privacy? Although there is no specific law or statute related to employers requesting drug testing of potential and current employees, the Supreme Court, throughout the past three decades, has inferred a "right of privacy" when it comes to drug testing in the workplace.

Alcohol and drug use costs American employers an estimated $110 billion every year in lost productivity, accidents, employee turnover and related problems, as reported by the United States Department of Health and Human Services. For school districts especially, an investment in education, prevention and assistance programs pays high dividends to both employer and employee.

According to results of a federal government study issued in September, seven in 10 people who used illegal drugs in 1997 had full-time jobs. About 6.3 million full-time workers, ages 18 to 49 admitted to using illegal drugs in the preceding month.

The results further showed that some 13 percent of drug users skipped a day of work during the previous month, as compared with 5 percent for nonusers. The report also found that in 1997, young adults, men, whites and those with less than a high school education were more likely to use drugs than other workers.

In light of these findings, how can schools protect themselves against losses caused by employees who use illegal drugs? Although the problem is complex, the answer, fortunately, is simple. Experts say in-house drug testing (and rehabilitation programs) can lower liability insurance costs significantly and can increase productivity, resulting in savings large enough to more than cover the cost of prevention.

Drug testing and rehabilitation programs are increasingly important in light of the announcement by the Federal Highway Administration and the Department of Transportation (DOT) in 1994 that alcohol and drug testing would be mandatory for all U.S. employers who had 50 or more commercial licensed drivers.

In cooperation with its member districts, transportation directors and unions, Schools Insurance Authority (SIA) - a not-for-profit pool for primary coverage of workers' compensation, property, liability and benefits - contracted with Comprehensive Drug Testing, Inc. (CDT) to provide alcohol and drug testing services in compliance with the new federal regulations. The law requires that all commercially licensed drivers be tested for drug and alcohol use.

In January 1995, testing was implemented in five SIA districts. The following year, the remaining 31 member districts began testing.

"When the issue is the physical safety of students and employees, there was no question of whether or not to drug test especially now that it is federally mandated," said Martin Brady, executive director of SIA. "With our member schools, there are 260,000 (the average daily attendance of students) reasons to drug test."

SIA's member school districts employ 33,000 people and own 2,000 transportation vehicles that are driven an estimated 99 million miles each year. This all adds up to a greater need for prevention, according to Brady. And the cost of drug and alcohol testing is nominal compared to the savings.

According to the federal regulations, the drug testing parameters include district employees who drive vehicles with 16 or more passengers (including the driver), vehicles that weigh 26,000 pounds or more (including two units) or carry hazardous materials. For SIA member schools, testing is available 24 hours a day for post-accident, pre-employment, random and reasonable suspicion testing.

How does a drug-testing program work?

To establish a drug-testing program, the first thing a district must do is develop a policy outlining how the district will comply with federal regulations. Next, the district must determine a collection site and establish a contract with a medical laboratory where employees will be sent. Next, a "chain-of-custody" form is developed. This is a document which details each step of the testing process: from the time the employee signs the papers agreeing to the test to when the results are received. The purpose of this "chain" is to ensure that the sample is attended to at all times.

Once a sample is collected in a tamper-resistant container, it is put inside a bag with the chain of custody form signed and dated by the donor, released by the donor to the collector and sealed. The collector releases it to the courier, who delivers it to the lab. At this point, the lab follows their internal chain of custody procedures.

When should drug testing be used?

For school districts, drug testing is used in the following situations:

· Pre-Employment - Testing applicants decreases the chance of hiring someone that is currently using drugs, offer employment only after a negative drug test.

· Random Testing - Unpredictable and random testing is commonly used in safety- and security-sensitive positions. By using random testing, school districts can discourage use and abuse, and are able to refer these people for disciplinary action, or assist them in obtaining treatment.

· Post-Accident - Test employees that are involved in an accident, or who show a pattern of unsafe practices. This will help determine if drugs and/or alcohol use was a factor and protect the overall safety of the workplace.

· Treatment Follow-Up - Periodically test employees who return to work after completion of a drug or alcohol rehabilitation program. This encourages employees to remain drug-free.

· Reasonable Suspicion - Test employees that show obvious signs of being unfit for duty or have documented patterns of unsafe work behavior. This protects the safety and well-being of the employee and other co-workers.

What drugs are most commonly found?

DOT regulations require that, in appropriate situations, a driver be tested for a five drug panel plus alcohol. The five types of drugs tested for include amphetamines, marijuana, opiates, cocaine and phencyclidine (PCP). According to Jean Joseph, Ph.D., CDT chief operating officer, amphetamines can remain in the body for one to two days, opiates and cocaine for one to three days and PCP and marijuana can last up to 30 days. In recent months, amphetamines and marijuana have been found most often.

What if someone has a positive test?

After an employee is tested, the results are sent to the medical review officer (MRO) at CDT. If the result of the test is positive, the MRO will contact the employee to discuss any potential factors which could have impacted the results, such as prescription or over-the-counter medication. If it is established that the results were a "real" positive, the school is notified and the human resource officer will meet with the employee.

To further ensure the safety and accuracy of the test, and for the protection of the employee, a portion of every sample collected is withheld in the event a retest is required. This may become necessary if the employee tests positive and requests a portion of the original sample be tested at another laboratory.

In compliance with the law, implementing a drug-testing program was done with the focus of educating employees about the misuse of drugs and protecting the lives of the students, according to Brady. "What we found is, that it's the drivers who are the most adamant about the program because they know first hand the issues at stake," said Brady. "We know that success with students goes beyond the classroom - it starts with every greeting of a student in the morning at the bus stop and ends every day at each exit."

Facts about drug users:

¨ At a minimum, they consume almost twice the medical benefits as non-users ¨ Are absent 1-1/2 times as often ¨ Make more than twice as many workers' compensation claims

John Wilson is the executive director for Schools Excess Liability Fund (SELF), a statewide joint powers authority providing excess workers' compensation and liability coverage to more than 1,000 California public educational agencies.