REMARKS

PRESS CONFERENCE

"WINNING THE WAR ON DRUGS: THE ROLE OF WORKPLACE TESTING"

C. EVERETT KOOP, M.D.

JANUARY 16,199O


A SOUND, WELL REASONED APPROACH TO WORKPLACE DRUG

TESTING HAS BEEN OFFERED BY THE NATIONAL FOUNDATION

FOR THE STUDY OF EMPLOYMENT POLICY IN A MONOGRAPH

WHICH IT IS RELEASING TODAY, WINNING THE WAR ON DRUGS:

THE ROLE OF WORKPLACE TESTING,

MOST AMERICANS, WHO SEE DRUG ABUSE AS CRIME ON THE

STREETS DO NOT KNOW THAT AMONG CURRENT FULL-TIME

EMPLOYED WORKERS BETWEEN THE AGES OF 20 AND 40,

WORKPLACE DRUG ABUSE IS A PROBLEM. THE NATIONAL

\  INSTITUTE FOR DRUG ABUSE (NIDA) RECENTLY REPORTED THAT

AMONG WORKING 20-40 YEAR OLDS, 22% USED AN ILLEGAL DRUG

wITHI[N THE LAST YEAR, AND 12% WITHIN THE LAST MONTH.

NIDA EARLIER REPORTED THAT ON ANY GIVEN WORKING DAY,

14 - 25% OF THE WORKFORCE WOULD TEST POSITIVE FOR DRUG

ABUSE.


A RECENT GALLUP SURVEY OF WORKERS REVEALED THAT ONE

OUT OF FOUR RESPONDED THAT THEY HAD PERSONALLY SEEN

OR HEARD OF ILLICIT ON-THE-JOB DRUG USE BY COWORKERS.

THAT IS A FRIGHTENING STATISTIC. WHEN ASKED IN THE SAME

GALLUP SURVEY WHETHER THEY THOUGHT DRUG TESTING WAS

AN EFFECTIVE DETERRENT. TO DRUG USE AMONG APPLICANTS
AND EMPLOYEES, MORE THAN EIGHT OUT OF TEN OF THE

WORKERS ANSWERED YES. 97% OF THE SURVEY RESPONDENTS

SAID THAT WORKPLACE DRUG TESTING IS APPROPRIATE UNDER

SOME CIRCUMSTANCES.

WITH THE EXCEPTION OF THE TRANSPORTATION, NUCLEAR
POWER, AND DEFENSE INDUSTRIES, WHERE IT REQUIRES DRUG

TESTING, THE FEDERAL GOVERNMENT HAS DONE LITTLE TO

PROVIDE GUIDANCE AND LEGAL PROTECTION TO AMERICA'S

BUSINESSES IN HELPING THEM TO ESTABLISH EFFECTIVE DRUG

TESTING PROGRAMS, OTHER THAN TO DECLARE THAT TESTING

SHOULD BE USED WHERE APPROPRJATE.

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THE AMERICAN WORKPLACE IS A PROPER ARENA TO ADDRESS

THE DRUG PROBLEM. BOTH EMPLOYERS AND EMPLOYEES

RECOGNIZE THAT REASONABLE DRUG TESTING CAN DETER DRUG

USE.

GALLUP,TIMES, AND WALL STREET JOURNAL POLLS ALL

INDICATE 2 - 1 SUPPORT FOR TESTING AMONG WORKERS AS A

PROPER TOOL TO FIGHT WORKPLACE DRUG ABUSE.

TODAY'S TESTING METHODS & TECHNOLOGY ENSURE

RELIABILITY AND ACCURACY AND PROTECT INDIVIDUAL PRIVACY.

CONFLICTING STATE & LOCAL LAWS AND A LACKOF

COORDINATION AMONG THE VARIOUS FEDERAL PROGRAMS ARE

FRUSTRATING EMPLOYER A9TEMPT.S TO PUT INTO PLACE

EFFECTIVE DRUG-FREE WORKPLACE PROGRAMS, DESPITE

RECOGNITION BY THE ADMINISTRATION THAT THE WORKPLACE

IS A FOCUS FOR PREVENTION OF DRUG USE.

THE PRESIDENT'S DRUG MESSAGE IN SEPTEMBER STATED THAT

EMPLOYERS WILL BE ENCOURAGED TO PROVIDE CAREFUL

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MEANS TO IDENTIFY EMPLOYEES WHO USE DRUGS, INCLUDING

TESTING WHERE APPROPRIATE.

16 STATES (l/3 OF THE NATION) AND SEVERAL LCCALITIES HAVE

ENACTED OR INTERPRETED LAWS WHICH REGULATE DRUG

TESTING, MOST OF WHICH ARE RESTRICTIVE AND ALL OF WHICH

ARE DIFFERENT.

AT FEDERAL LEVEL, THERE IS NO COORDINATION AMONG

VARIOUS WORKPLACE PROGRAMS. DOT REGULATES PILOTS,

TRUCK DRIVERS, AND TRAIN ENGINEERS. ROD REGULATES

DEFENSE CONTRACTORS. ENERGY REGULATES NUCLEAR POWER
PLANT OPERATORS. NONE OF THESE EFFORTS IS COORDINATED

WlTH THE OTHER, AND NONE LOOKS AT THE BIG PICTURE.

COURTS ALL OVER THE COUNTRY ARE SAYING "YES YOU CAN/NO

YOU CAN'T" WITH RESPECT TO TESTING. WITH THIS MUCH

UNCERTAINTY OUT THERE, MANY EMPLOYERS UNDERSTANDABLY

ARE GOING TO BE RELUCTANT TO USE TESTING AS AN ANTI-DRUG

TOOL.


LET ME DEAL WITH SOME OF THE CRITICISMS. FIRST, THE

REASONABLJNESS OF THE POLICY OF DRUG TESTING ITSELF. IT

IS CONTROVERSIAL, CHIEFLY ON THE ISSUE OF PRIVACY.

HOWEVER WHEN THE PRIVACY RIGHTS OF AN INDIVIDUAL

THREATEN THE HEALTH AND SAFETY OF OTHERS, THOSE RIGHTS
END. THE SUPREME COURT HAS SAID, ". . THE OPERATIONAL

REALITIES OF THE WORE PLACE MAY RENDER ENTIRELY

REASONABLE CERTAIN WORE RELATED INTRUSIONS.. ."

CURRENT SCIENTIFIC EVIDENCE DEMONSTRATES THAT MODERN
DRUG TESTING TECHNOLOGY AND PROCEDURES $RE ACCURATE
AND RELIABLE. FALSE POSITIVES ARE ESSENTIALLY

ELIMINATED. THAT SHOULD TAKJ3 CARE OF THE CRITICISM OF

ACCURACY.

SOME CRITICS SAY THAT A POSITIVE TEST HAS NO PREDICTIVE

VALUE IN REFERENCE TO JOB PERFORMANCE. THE JUDGEMENT

AND REFLEXES OF AN AUTOMOBILE DRIVER CAN BE IMPAIRED BY

ALCOHOL WITHOUT THAT DRIVER BEING DRUNK SO IT IS WITH

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DRUGS. IN ADDITION, THE DETERRENT EFFECT OF A DRUG

TESTING PROGRAM HAS BEEN SHOWN TO REDUCE ON-THE-JOB

USE OF DRUGS. SO, EVEN THE POSSIBILITY OF DRUG

IMPAIRMENT IS REDUCED. EXISTING EMPLOYER ON-THE-JOB

PROGRAMS EMPHASIZE SAFETY AND DRUG ABUSE TREATMENT

AND REHABILITATION.

MANY OF THE CONSEQUENCES OF DRUG USE ON-THE-JOB ARE

LESS VISIBLE THAN FATAL ACCIDENTS AFFECTING MANY PEOPLE.

FURTHER, MANY EMPLOYERS HAVE DISCOVERED THAT A DRUG

TESTING PROGRAM CAN ENCOURAGE INDIVIDUALS WITH A
PROBLEM TO COME FORWARD TO SEEK HELP. THAT IS WHY THE

VAST MAJORITY OF EMPLOYERS WITH TESTING PROGRAMS ALSO
MAKE AVAILABLE EMPLOYEE ASSISTANCE AND REHAiILITATION
PROGRAMS TO TREAT EMPLOYEES WHO DO HAVE A DRUG

PROBLEM.

NIDA DATA ALSO PROFILES THE DRUG-ABUSING WORKER HE OR

SHE IS LATE FOR WORK THREE TIMES MORE OFI'EN THAN A NON-
                     -

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USER; ASKS FOR TIME OFF OR EARLY DEPARTURE MORE THAN

TWICE AS OFTEN; HAS MORE FREQUENT AND LONGER ABSENCES

FROM WORK; USES THREE TIMES THE AVERAGE LEVEL OF SICK

BENEFITS; IS FIVE TIMES MORE LIKELY TO FILE A WORKERS'

COMPENSATION CLAIM; AND IS THREE AND ONE-HALF TIMES

MORE LIKELY TO BE INVOLVED IN AN ACCIDENT WHILE ON THE

JOB. THE U.S. POSTAL SERVICE, WHICH RECENTLY CONDUCTED A

MAJOR STUDY ON DRUG-ABUSING JOB APPLICANTS, FOUND THAT

THEY HAD A 43 PERCENT GREATER CHANCE OF BEING ABSENT

FROM WORK THAN THEIR NON-USING COUNTERPARTS.

EVIDENCE IS ALSO PRESENTED THAT DRUG-FREE WORKPLACE

PROGRAMS, INCLUDING THOSE THAT CONTAIN A DRUG TESTING

COMPONENT, ARE NOT NECESSARILY A UNION VERSUS

MANAGEMENT ISSUE. EXAMPLES OF JOINTLY BARGAINED

PROGRAMS ARE DISCUSSED, MANY OF WHICH CONTAIN THE

BASIC ELEMENTS THE MONOGRAPH RECOMMENDS IN

ESTABLISHING MINIMUM FEDERAL STANDARDS. IT IS

INCREASINGLY APPARENT THAT RANK AND FILE UNION

MEMBERS UNDERSTAND THAT A BALANCED WORKPLACE DRUG

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TESTING PROGRAM CAN MAKE THEIR OWN JOBS SAFER BY

DETERRING DRUG USE AMONG FELLOW EMPLOYEES.

ONE THING THAT HAS ENCOURAGED ME OVER THE LAST FEW

YEARS IS THE INCREASING AWARENESS AMONG BOTH WORKERS

AND COMPANIES ABOUT THE BENEFICIAL EFFECTS OF

CORPORATE "WELLNESS" PROGRAMS. FOLKS THAT HAVE

PARTICIPATED IN THESE PROGRAMS TELL ME THAT THEY FEEL

BE'ITER, THEY LIKE THEIR JOBS BETI'ER, AND THAT THEY

BELIEVE THEY ARE MORE PRODUCTIVE WORKERS. EMPLOYERS

REPORT HIGHER MORALE AMONG WORKERS.

RIGHT NOW THERE ARE ALMOST 118 MILLION AMERICANS

WORKING ON A FULL-OR PART-TIME BASIS. THAT IS A

SUBSTANTIAL PORTION OF THE U.S. POPULATION. MORE THAN

EIGHT OUT OF TEN, ACCORDING TO GALLUP, BELIEVE THAT

DRUG TESTING IS A DETERRENT TO DRUG USE. IF THE MESSAGE

GOES OUT TO THOSE WITHIN THAT GROUP THAT ARE STILL

USING DRUGS THAT THEIR EMPLOYERS OR POTENTIAL

EMPLOYERS WILL NOT EMPLOY CURRENT DRUG USERS, MAYBE

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WE CAN PUT A DENT IN THE NATIONAL DRUG ABUSE PROBLEM.

BETFER YET, WE WILL TAKE ANOTHER STEP TO ACHIEVING A

HEALTHIER, SAFER WORKPLACE.

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