Yes. Drug testing is considered an essential service, and we continue to be available to our clients 24/7.

Yes. WSS partners with many third-party administrators around the country.

We travel throughout Houston and its surrounding counties. We provide on-site services at your location, regardless of where you are.

DOT regulations have nothing to do with the hiring or firing process. It is up to the discretion and company policy to determine if the employee needs to be removed. The employer’s responsibility is to immediately remove an employee from a safety sensitive operation. An employee may be subject to losing certain certifications or licenses needed to perform such jobs.

Yes, as of April 16, 2020. However, please follow these safety guidelines to protect your employees and our on-site staff. 

EXPOSED:  Anyone who has been exposed by COVID-19 or suspects being exposed, are then mandated by the CDC to self-quarantine for two weeks; longer if they live with the person who has been exposed. Then it would be two weeks after the person has recovered, again mandated by the CDC.

ILLNESS: Prior to returning to work after an illness that includes COVID-19 Symptoms – especially fever – should have a return to duty release.  At least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms (e.g., cough, shortness of breath); and, at least 7 days have passed since symptoms first appeared.
Persons who have COVID-19 who have symptoms and were directed to care for themselves at home may discontinue home isolation under the following conditions:
Resolution of fever without the use of fever-reducing medications and
Improvement in respiratory symptoms (e.g., cough, shortness of breath) and
Negative results of an FDA Emergency Use Authorized molecular assay for COVID-19 from at least two consecutive nasopharyngeal swab specimens collected ≥24 hours apart** (total of two negative specimens).

Individuals with laboratory-confirmed COVID-19 who have not had any symptoms may discontinue home isolation when at least 7 days have passed since the date of their first positive COVID-19 diagnostic test and have had no subsequent illness.

WSS can do a return to duty check AFTER a person has recovered from an illness only if the worker did not test positive and has been without fever for 72+ hours without medication.

Yes, we are testing all asymptomatic individuals who need to return to work. This includes but is not limited to:

• Department of Transportation (DOT) physical exams and certification for all commercial driver’s license (CDL) holders.

• Breath alcohol testing (BAT) and urine drug screening (UDS) collections for controlled substance testing, which is still required under FMCSA regulations for the following situations:
  • Pre-employment testing
  • Post-accident testing
  • Reasonable suspicion
  • Return-to-duty
  • Follow-up testing

• Failure to remain at the testing site until the testing process is complete.
• Failure to appear for any test after being directed to do so by your employer.
• Failure to provide a urine or breath sample for any test required by federal regulations.
• Failure to permit the observation or monitoring of you providing a urine sample (Please note: Tests conducted under direct observation or monitoring occur in limited situations. The majority of specimens are provided in private).
• Failure to provide a sufficient urine or breath sample when directed, and it has been determined, through a required medical evaluation, that there was not an adequate medical explanation for the failure.
• Failure to take a second test when directed to do so.
• Failure to cooperate with any part of the testing process.
• Failure to undergo a medical evaluation as part of “shy bladder” or “shy lung” procedures.
• Failure to sign Step #2 of the CCF (Chain of Custody Form).
• Providing a specimen that is verified as adulterated or substituted.

• DOT drug tests are conducted with urine specimens only.
• DOT alcohol screening tests are conducted using either breath or saliva.
• DOT alcohol confirmation tests must be conducted using Evidential Breath Testing Devices (EBTs) that only analyze breath.

There are five reasons to be tested:

• Pre-employment
• Reasonable suspicion/cause
• Random
• Return-to-duty
• Follow-up
• Post-accident

WSS can/will run the random lists through our random algorithm system and provide the client with the complete list for each event. Random testing will help your company diffuse employee discrimination complaints about drug testing. We can provide a company with a computerized random pool from which employee names can be selected for random drug and alcohol testing. Random selections can be done at any time the client desires usually monthly, bi-monthly or quarterly depending on the size and need of the company.

Reasonable-suspicion testing is based on specific contemporaneous articulable observations of individual employee conduct, behavior, and appearance or body odors. The observation must be conducted and documented by a supervisor who has participated in training on the signs and symptoms of alcohol misuse, drug abuse, and requirements for reasonable-suspicion testing. It is recommended that both a drug and alcohol test are completed in these situations.

Proper employee education and training will result in refining the terms of the drug-free workplace policy and procedures while enforcing consequences for violation. Educated employees ultimately work toward success and cooperate as a team to efficiently and effectively manage a drug-free workplace. Once employees are educated about how to foster a drug-free workplace, they are more likely to boost morale while increasing productivity and help identify those coworkers in need of assistance.

What is a non-contact positive? You may have seen this result on a recent drug test and had questions. It sounds a bit cryptic, but it’s actually very simple.

When a drug test is positive, meaning a drug of abuse was detected, the result goes to our Medical Review Officer (MRO). The MRO is a doctor with special training. Part of the MRO’s job is to validate any positive drug tests.

Generally this means contacting the donor to ask for explanation. If the donor can provide a valid prescription (which the MRO verifies with the pharmacy) or other reason a drug test result may be positive, then the MRO may report a negative result.

If the MRO is not able to contact the donor within a specific amount of time, then the result is reported as a Non-Contact Positive. The only reason for a WSS Non-Contact Positive is that the donor does not answer the phone or call back. We will work with you, the employer, to ensure that every attempt to contact the donor is made, so there's no issues such as illegible forms or invalid phone numbers creating Non-Contact Positive results.

What we see most often is that the donor knows she failed the test and avoids the call.

Other drug testing companies may report a non-contact positive for issues with the form. Some possible reasons the MRO may not be able to contact the donor include poor legibility on the Custody and Control Form. That is, if a paper CCF was used for collection and the MRO cannot accurately read the donor’s phone number, then the donor cannot be contacted. 

In any case, a result must be reported, and if no donor contact is made, then it’s reported as a Non-Contact Positive.

This is why it is crucial to have a drug and alcohol policy in place before drug testing begins. The company policy determines if the employee needs to be removed. However, in all cases it is the employer’s responsibility is to immediately remove an employee from a safety sensitive operation. 

Either panel can be built by the client, but the standard panels test the following drugs:

5-Panel Drug Test: 1AMP-Amphetamines, 2MET-Methamphetamine, 3OPI-Opiates, 4PCP-Phencyclidine, 5THC-Marijuana

10-Panel Drug Test: 1AMP-Amphetamines, 2BAR-Barbiturates, 3BZO-Benzodiazepines, 4COC-Cocaine, 5MDMA-Ecstasy, 6MET-Methamphetamine, 7MTD-Methadone, 8OPI-Opiates, 9PCP-Phencyclidine, 10THC-Marijuana

Yes. The DOT Agencies and the United States Coast Guard require employers covered under their regulations to have policies in place that fully explain their drug and alcohol program. You must not only have a policy, but you must also make it available to employees covered under your DOT program.

You will be immediately removed from your safety-sensitive position and will not be allowed to return to duty until proper treatment has been satisfied and a negative drug result has been submitted. 

Never refuse a test. Take it if you are selected. Wait until after the test is taken and submitted to communicate with your current employer or DOT agency in the form of a letter stating you committed to company policy and procedure.

You are allowed to consume medication or an over-the-counter drug as long as minimum standards are met with an adequate physician who has prescribed this medication or over-the-counter drug using best practices in adhering to best possible treatment.

Marijuana metabolites /THC
Cocaine metabolites
Amphetamines (including methamphetamine)
Opiates (including codeine, heroin, morphine)
Phencyclidine (PCP)

You will need to provide you with a company policy along with educational information on drug and alcohol testing and abuse in the workplace. This should help inform employees of current policies and procedures along with regulations and requirements with which to comply.

Safety-sensitive employees are tested for the traveling safety of all, including yourself, your coworkers, and the public. These employees are also tested to enforce a drug and alcohol-free transportation industry. Why is workplace safety important? To reduce accidents and risks that can be avoided with an enforced drug-free workplace policy. 

Anyone designated in DOT regulations as a safety-sensitive employee is subject to DOT drug and alcohol testing.

49 CFR Part 40, or Part 40, as we call it, is a DOT-wide regulation that states how to conduct testing and how to return employees to safety-sensitive duties after they violate a DOT drug and alcohol regulation. Part 40 applies to all DOT-required testing, regardless of what DOT agency-specific rule applies to an employer. For example, whether you are an airline covered by FAA rules or a trucking company covered by FMCSA rules, Part 40 procedures for collecting and testing specimens and reporting of test results apply to you. Each DOT agency-specific regulation spells out who is subject to testing, when and, in what situations for a safety-sensitive employee.

Yes, WSS provides a complete DOT program with all forms and training required. In addition, we keep an updated folder for each client to provide the DOT the required documentation in the event of an audit.

Houston’s East End: 1717 Turning Basin, Suite 148, Houston, TX 77029

Yes. Your employer is not allowed to disclose any information without your written consent.

Consortium/third-party administrators (C/TPAs) manage all or part of an employer’s DOT or non-DOT drug and alcohol testing program. It will include, at times, maintaining required testing records. They perform tasks as agreed to by the employer to assist in implementing the drug and alcohol testing program and help keep the employer compliant with the DOT/FMCSA drug and alcohol testing, state, federal, and other rules and regulations.

Under DOT regulations, SAPs are substance abuse professionals. They play a critical role in the workplace testing program by professionally evaluating employees who have violated DOT drug and alcohol rules. SAPs recommend appropriate education, treatment, follow-up tests, and aftercare. They act as the gate-keepers to the re-entry program by determining when a safety-sensitive employee can be returned to duty.

A medical review officer (MRO) is a licensed physician with knowledge and experience in substance abuse disorders. MROs must complete training courses and fulfill obligations for continuing education courses; they are DOT-certified and registered on the DOT website. Our MRO is onsite to perform examinations including health history review through physical examination and urinalysis. Yes, we can perform audiograms and respiratory FIT tests at our facility or onsite.

A DER is a designated employer representative. He/she is your key employee for several drug and alcohol program functions. The DER must be a company employee.

The test is administered in three steps: collection, testing at the laboratory, and review by the medical review officer.

We can test for a plethora of drugs at different cut-off levels based on our clients’ needs. We partner with the strongest laboratory for synthetic marijuana testing, medical professional panels, and company-specific panels.

We use different laboratories depending on the type of testing required: urine, hair, oral fluid, and/or alcohol. Labs we use include Quest Diagnostics, Clinic Reference Laboratories, Omega, Alere, etc. All urine testing laboratories are certified by the Substance Abuse and Mental Health Services Administration (SAMHSA).

Turnaround time for lab-based drug screening results is one business day for negative results and 3–5 business days for results which include a medical review officer interview.

An instant test or POCT is defined as Point of Collection Testing, which provides an immediate result utilizing a urine specimen. A lab-based test is testing sent to a laboratory for confirmation. All non-negative (positive) specimens from the initial screen will be confirmed by the lab using a different technique and chemical principle utilizing the initial sample to ensure the reliability and accuracy of the result. All test results will be reported to a medical review officer (MRO) for verification prior to being transmitted to the employee and/or the company.

An oral drug test, also called an oral fluid test, is a type of test which analyzes a saliva sample for parent drugs and their metabolites. An absorbent collection device is placed in the mouth and the saliva collected is screened for drugs of abuse. Oral fluid testing can detect drugs in the saliva in as little as 10 minutes after ingestion, making it excellent for post-accident and reasonable-suspicion testing situations.

A negative dilute is defined when a lab reports a specimen as dilute. There are certain levels of creatinine and specific gravity that determine the specimen as dilute. This means that the donor has consumed a large quantity of water before providing the urine specimen. Specimens are classified under certain ranges with a normal creatinine concentration of 20 mg/dl and 250 mg/dl. Specimens having values outside these ranges are not consistent with normal human urine and are therefore classified as negative.

These answers depend on metabolism, exercise, and water consumption.

• Alcohol: 3–5 days in urine, and approximately 10–12 hours in the bloodstream
• Amphetamines: 1–3 days in urine, up to 90 days in hair, and approximately 12 hours in the bloodstream
• Barbiturates: 2–4 days in urine, up to 90 days in hair, and 1–2 days in the bloodstream
• Benzodiazepines: 3–6 weeks in urine, up to 90 days in hair, and 2–3 days in the bloodstream
• Marijuana: 7–30 days in urine or longer depending on length and consistency of usage, up to 90 days in hair, and two weeks in the bloodstream
• Cocaine: 3–4 days in urine, up to 90 days in hair, and 1–2 days in the bloodstream
• Codeine: One day in urine, up to 90 days in hair, and 12 hours in the bloodstream
• Heroin: 3–4 days in urine, up to 90 days in hair, and up to 12 hours in the bloodstream
• LSD: 1–3 days in urine, up to three days in hair, and 2–3 hours in the bloodstream
• MDMA (Ecstasy): 3–4 days in urine, up to 90 days in hair, and 1–2 days in the bloodstream
• Methamphetamine (Crystal Meth): 3–6 days in urine, up to 90 days in hair, and 24–72 hours in the bloodstream
• Methadone: 3–4 days in urine, up to 90 days in hair, and 24–36 hours in the bloodstream
• Morphine: 2–3 days in urine, up to 90 days in hair, and 6–8 hours in the bloodstream

• Failure to remain at the testing site until the testing process is complete.
• Failure to appear for any test after being directed to do so by your employer.
• Failure to provide a urine or breath sample for any test required by federal regulations.
• Failure to permit the observation or monitoring of you providing a urine sample (Please note: Tests conducted under direct observation or monitoring occur in limited situations. The majority of specimens are provided in private).
• Failure to provide a sufficient urine or breath sample when directed, and it has been determined, through a required medical evaluation, that there was not an adequate medical explanation for the failure.
• Failure to take a second test when directed to do so.
• Failure to cooperate with any part of the testing process.
• Failure to undergo a medical evaluation as part of “shy bladder” or “shy lung” procedures.
• Failure to sign Step #2 of the CCF (Chain of Custody Form).
• Providing a specimen that is verified as adulterated or substituted.

• DOT drug tests are conducted with urine specimens only.
• DOT alcohol screening tests are conducted using either breath or saliva.
• DOT alcohol confirmation tests must be conducted using Evidential Breath Testing Devices (EBTs) that only analyze breath.

There are five reasons to be tested:

• Pre-employment
• Reasonable suspicion/cause
• Random
• Return-to-duty
• Follow-up
• Post-accident

WSS can/will run the random lists through our random algorithm system and provide the client with the complete list for each event. Random testing will help your company diffuse employee discrimination complaints about drug testing. We can provide a company with a computerized random pool from which employee names can be selected for random drug and alcohol testing. Random selections can be done at any time the client desires usually monthly, bi-monthly or quarterly depending on the size and need of the company.

The basis of reasonable-suspicion testing is specific contemporaneous articulable observations of individual employee conduct, behavior, and appearance or body odors. A supervisor who has participated in training on the signs and symptoms of alcohol misuse, drug abuse, and requirements for reasonable-suspicion testing must conduct and document the observation. It is recommended to complete both a drug and alcohol test in these situations.

Proper employee education and training results in the refinement of the drug-free workplace policy and procedures while enforcing consequences for violations. Educated employees work towards success and cooperate as a team to efficiently and effectively manage a drug-free workplace. Once employees receive education on how to foster a drug-free workplace, they are more likely to boost morale, increase productivity, and help identify coworkers in need of assistance.

What is a non-contact positive? You may have seen this result on a recent drug test and had questions. It sounds a bit cryptic, but it’s actually very simple.

When a drug test is positive, meaning a drug of abuse was detected, the result goes to our Medical Review Officer (MRO). The MRO is a doctor with special training. Part of the MRO’s job is to validate any positive drug tests.

Generally, this means contacting the donor to ask for explanation. If the donor can provide a valid prescription (which the MRO verifies with the pharmacy) or other reason a drug test result may be positive, then the MRO may report a negative result.

If the MRO is not able to contact the donor within a specific amount of time, then the result is reported as a Non-Contact Positive. The only reason for a WSS Non-Contact Positive is that the donor does not answer the phone or call back. We will work with you, the employer, to ensure that every attempt to contact the donor is made, so there's no issues such as illegible forms or invalid phone numbers creating Non-Contact Positive results.

What we see most often is that the donor knows she failed the test and avoids the call.

Other drug testing companies may report a non-contact positive for issues with the form. Some possible reasons the MRO may not be able to contact the donor include poor legibility on the Custody and Control Form. That is, if a paper CCF was used for collection and the MRO cannot accurately read the donor’s phone number, then the donor cannot be contacted. 

In any case, a result must be reported, and if no donor contact is made, then it’s reported as a Non-Contact Positive.

A TWC precedent case, Appeal No. 97-003744-10-040997, sets out some fairly clear guidelines regarding the kind of documentation an employer needs to respond to an unemployment claim involving an ex-employee whose termination resulted from failing a drug test. To establish that a claimant’s positive drug test result constitutes misconduct, an employer must present:

1. a policy prohibiting a positive drug test result, receipt of which has been acknowledged by the claimant;
2. evidence to establish that the claimant has consented to drug testing under the policy;
3. documentation to establish that the chain of custody of the claimant’s sample was maintained;
4. documentation from a drug testing laboratory to establish than an initial test was confirmed by the Gas Chromatography/Mass Spectrometry method; and
5. documentation of the test expressed in terms of a positive result above a stated test threshold.

Evidence of these five elements is what TWC states is needed to overcome a claimant’s sworn denial of drug use. That is why it is so important to have each employee sign a consent form allowing complete disclosure of all test documentation by both the testing lab and the employer for the purpose of responding to claims and lawsuits.

Most policies start out by emphasizing in positive terms the need for safety in the workplace and adherence to job requirements and work quality, and go on to cite goals such as improving safety and productivity. The policy should address certain questions:

1. What will be considered a violation? (necessary)
2. Which employees will be covered? (necessary)
3. What disciplinary measures will result from violations? (necessary)
4. Will the company allow rehabilitation? (optional – not required by any Texas or federal law)

For an example of such a policy, see the drug testing policy section of “The A to Z of Personnel Policies”.

Like any policy, a drug and alcohol policy should be given in writing to all employees. Employees should sign a written acknowledgment that they have received a copy of the policy. Employers usually make signing such a policy a condition of being hired. While it is common for such a policy to be part of an overall policy manual, it is probably best to have each employee sign a  separate form consenting specifically to the search and testing policy. Call today to learn more about our Texas alcohol and drug testing services.

It would be legal to fire the employee for refusing to sign an acknowledgment of the policy, but that should not be done until and unless the employee has been warned, preferably in writing and witnessed by others, that discharge can result from refusal to sign. An alternative to such a hard-line approach would be to hold a mandatory staff meeting, publish an agenda for the meeting showing as one of the items “distribution of new drug-testing policy”, have all employees sign an attendance roster or else face discipline for an unexcused absence, discuss and distribute the policy in front of witnesses, have employees sign an acknowledgment of receipt, have a witness sign “employee refused to sign” on the acknowledgment form if an employee refuses to sign, and note in the minutes of the meeting that the policy was distributed to everyone in attendance. In such a case, an employee would look pretty ridiculous trying to claim that they were not given a copy of the policy or that they were unaware of what the policy required.

It is legal to test some, but not all, employees, but an employer must be careful. The policy should cover all employees in specific job categories. For example, the company could make all workers who operate machinery or vehicles subject to drug testing, but not require testing of clerical staff. Some employers test only those employees whose jobs are inherently risky. Some companies would not even do drug testing were it not for certain laws, such as the DOT drug testing regulations for long-haul truck drivers, oil and gas pipeline workers, and so on. Some contracts specify that workers coming into a client’s facility will be subject to drug testing. If that happens, the contractor does not also have to test its other employees who do not go onto that client’s premises. The main thing is to decide who will be covered, and then to enforce the policy in an even-handed way.

Most companies notify employees that testing positive for drugs or alcohol will result in immediate termination. Some companies allow a chance for rehabilitation and a return to work under probationary conditions, but this type of second chance is not required under Texas or federal law. If a worker is allowed to return to work after a positive test result, it is generally under a “last chance” agreement providing for monthly random tests, a year’s probation, and immediate termination for any subsequent positive test result.

Many companies incorporate a search policy into their drug testing policies. After all, a drug test is a type of search. For an example of such a provision, click here and read the sample drug-testing policy.

An employer should never physically force an employee to submit to a search, due to the risk of civil and criminal complaints involving assault, battery, false imprisonment, invasion of privacy, and intentional infliction of emotional distress. However, employers may provide in the policy that employees who refuse to submit to a reasonable search under the policy, or who refuse to undergo a drug test, will be subject to immediate termination. In case of such refusal, termination should not occur until the employee has been reminded of the policy and of the risk of termination for non-compliance.

A typical policy will provide maximum flexibility for the employer. A company is allowed to do both random and “for cause” testing. Both circumstances should be spelled out to let employees know under what circumstances they can be called upon to submit to a test. For example, a “random” test might involve periodically testing all covered employees twice a year at intervals specified by the company. The company might send two employees each week for testing, but any given employee would only be sent twice in a year. “For cause” circumstances might include such things as reasonable suspicion by a supervisor that an employee may be in violation of the policy, reports from any witnesses, bizarre, unsafe, or threatening behavior on the employee’s part, or involvement in a work-related accident (“involvement” means either being hurt or causing or contributing to the accident). Other things could be included as well; the term “for cause” is up to the employer to define. Terms used in the policy should be either readily understandable, i.e., with plain and unmistakable meanings, or else should be carefully defined. It is extremely important that the policy be understood by everyone who might be affected by it: company officials, lower-level supervisors, employees, the employer’s insurance company, and government agencies, including courts, who might have to decide cases arising out of a drug test.

Pre-employment drug testing is something that some employers choose to do for applicants. It is not regarded under the ADA as a medical examination, so it may be done at any point of the selection process, but due to cost issues, most companies restrict such testing to the final candidates for a position. Regarding the issue of who pays for the test, most companies assume that burden. Texas and federal law do not have specific provisions one way or the other, but if requiring an applicant to pay for a pre-employment drug test would have the effect of discouraging minority applicants, or else effectively result in less than minimum wage for the employee’s first paycheck, EEOC and/or the U.S. Department of Labor may have concerns under EEO or minimum wage laws. It would be best to let doubtful cases be reviewed by employment law counsel prior to such testing. Even though drug tests themselves are not covered by the ADA, the results from such tests are considered medical records and should be kept in a separate, confidential medical file just as other types of medical records must be maintained under the ADA.

Former Section 411.091 of the Texas Workers’ Compensation Act (repealed in 2005) required any employer that is covered under a workers’ compensation policy and that has 15 or more employees to have a drug-free workplace policy and to distribute the policy to all employees. Although the law did not require such companies to provide for drug testing, TWCC rules 169.1 and 169.2 state that if drug testing is done, the policy should be given in writing to all employees and should specify what penalties may be imposed in case of positive drug test results. While the statutory basis for those two rules may be in doubt, the intent behind the rules remains a good practice, i.e., any important policy should be in writing and should be specific as to requirements and penalties. Call today to learn more about our Texas alcohol and drug testing services.

It should be very clear what is prohibited under the policy. While “use, possession, sale, or transfer” may be easy to understand, the concept of how the drug or alcohol test will reveal a violation is not so straightforward. It is very important to define exactly what will be regarded as a violation in this regard. Some employers are concerned only if the test shows drug or alcohol levels above a certain “cutoff” point. Other employers take a more hard-line or “zero tolerance” approach, stating that the policy is violated if a test detects any amount of prohibited substances in an employee’s system. Whatever the employer regards as important, it should be clearly spelled out.

No company should begin drug testing until it has found and engaged a reliable drug-testing lab that will be willing to cooperate with the employer in the event that a lawsuit or claim arises from the test. No lab should be used unless it agrees in writing to routinely provide the company with copies of the test results, showing which tests were performed, what substances were found, and in what amounts (either specific concentrations or an indication of what the cut-off levels for a positive result were). It should also furnish a copy of the complete chain of custody of the urine, hair, or blood sample showing who handled the sample at various times in the testing process. Employers that fail to present those types of documentation in response to an unemployment claim will lose the UI claim.

Initial tests or screens vary, but in order to have the best chance of protecting the company against an unemployment claim, the employer should always have the lab confirm the initial positive result with a confirmation test using the GC/MS method (gas chromatography/mass spectrometry). The GC/MS test is more expensive than the initial screen, but TWC expects to see the results of both tests before it will disqualify a claimant from UI benefits.

Test results should be considered absolutely confidential. Negligent release of test results could result in legal action over issues such as invasion of privacy, intentional infliction of emotional distress, and defamation. Due to the federal law (ADA), it is necessary to maintain such records in a separate, confidential medical file. As a practical matter, the HIPAA privacy rule can make it difficult for employers to obtain specific drug test results from the testing lab. For that reason and others, employers should have employees sign a properly-worded consent form allowing the testing lab to release such results to the employer, and allowing both the testing lab and the employer to release the results to TWC and to any other agency or court dealing with a claim or lawsuit arising from the test. For a sample of such a form, see the “Drug and/or Alcohol Testing Consent Form” in the section of this book titled “The A to Z of Personnel Policies”.

No. Many employers misunderstand the laws in this regard. Even highly-regulated and otherwise restrictive DOT testing procedures allow employers to release the results to courts, government agencies, or arbitrators dealing with claims arising from the drug test, and drug testing labs are required to release the results to employers upon request in such situations (see DOT regulation 49 C.F.R. 40.323 (PDF)). There is simply no substitute for the specific drug test results in an unemployment claim. Employers with lingering doubts on this issue should call the employer commissioner’s office at TWC at 1-800-832-9394.

U.S. Department of Transportation rules provide for drug testing via urinalysis of safety-sensitive employees in a variety of circumstances and for relieving such employees of duty in the event of a verified positive result or a test refusal. The DOT rules provide detailed procedural safeguards to ensure valid testing, valid results, and confidentiality. The rules are not meant to be a substitute for a good drug and alcohol policy, nor are they a limit on what employers are allowed to do in order to discourage and respond to drug and alcohol use on the job. With regard to how the DOT rules interact with a TWC unemployment claim, TWC precedent case 1051204 (MC 485.46, Appeals Policy and Precedent Manual) holds that proof of compliance with DOT standards regarding MRO review can serve as proof of confirmed drug test results (see requirements 3, 4, and 5 below)

Currently, all employers are required to test all DOT and safety sensitive employees to ensure they are free from the use and presence of marijuana, opioids, cocaine, amphetamine/methamphetamine and PCP. This applies to safety-sensitive employees defined by the FAA, FMCSA, FRA, FTA, and PHMSA which include, among others: airline pilots, air traffic controllers, school bus drivers, long-haul truck drivers, railroad operators, pipeline workers, hazardous materials transporters, public transit operators & mariners. 

However, this may all change if HR 3884 – Marijuana Opportunity Reinvestment and Expungement Act of 2019 is passed. After the passage of this bill, should states be authorized by law to deem marijuana as lawful, or if any of the drugs in the Federal testing panel become rescheduled below Schedule II, the direct result is that HHS and DOT WILL NOT BE ALLOWED to test for that substance. 

At this time, marijuana is not legal in Texas, nor has this bill been passed. Therefore, employers are still required to test all DOT employees for marijuana and permitted to test any employee for marijuana.