Union Against Drug Testing ?

Source: September 6, 2008, Charleston Gazzette

MSHA: Test coal miners for drugs and alcohol


The White House administration will propose a rule early next week to require drug testing of miners who work in "safety sensitive" jobs in the nation's coal and non-coal mines.

U.S. Mine Safety and Health Administration ( MSHA ) officials are pushing for speedy approval of the rule, offering the mining community and the public a tight 30-day comment period - less than half the time provided for two other rules proposed by MSHA this year.

"An alcohol- and drug-free mine program as proposed in this rule will contribute to the prevention of such incidents and provide all miners, regardless of what state they work in and the size of the mine they work for, equal safety protection from working alongside miners under the influence of alcohol and/or drugs on the job,"

MSHA said in a proposal scheduled to be published in Monday's Federal Register.

The proposed rule would replace existing standards for drugs and alcohol at metal and non-metal mines with an industry-wide rule that also covers coal operations.

It would designate certain substances - alcohol and a list of controlled substances - that could not be possessed on mine property or used while performing safety-sensitive job duties, unless they were being used according to a valid prescription.

Mine operators would be required to establish an alcohol- and drug-free program, including a written policy, employee education, supervisory training and drug testing for miners in safety-sensitive jobs and their supervisors. Safety-sensitive job duties are defined as "any type of work activity where a momentary lapse of critical concentration could result in an accident, injury or death."

Company policies also must include treatment referrals for miners who violate the policy. The proposed rule also would require those who violate the prohibitions to be removed from the performance of job-sensitive duties until they complete recommended treatment and their alcohol- and drug-free status is confirmed by testing.

"Mining under the best of circumstances can be dangerous," said MSHA chief Richard Stickler, "and the use of alcohol and illegal substances creates additional, unnecessary hazards in the workplace."

MSHA's Federal Register notice did not include any mention of a public hearing on the proposal.

Department of Labor spokesman David James said the agency anticipates receiving a request for a hearing and that MSHA "is preparing to do" such a hearing.

"There will likely be a notice for public hearing published sometime during the public comment period," James said.

Coal industry officials have long sought an MSHA rule to require drug testing of miners, but the United Mine Workers union has questioned the need for such testing and worried about the specifics of how companies would carry out such testing.

Kentucky adopted its own drug-testing program for miners in 2006, and Virginia passed similar rules in 2007. West Virginia has declined to adopt drug-testing requirements for coal miners.

In October 2005, MSHA announced that it was working on such a rule, but after a string of mine disasters in 2006 and 2007, the drug-testing proposal appeared to have been put on the back burner as the agency scrambled to enact numerous safety reforms mandated by Congress.

Then, in early June, MSHA officials submitted their proposed rule to the White House Office of Management and Budget for its review. The OMB approved the proposal late last week, records show.

In its proposed rule notice, MSHA said

"a preliminary review of fatal and non-fatal mine accident records revealed a number of instances in which alcohol and drugs or drug paraphernalia were found or reported, or where the post-accident toxicology screen revealed the presence of alcohol or drugs."

MSHA cited a study that showed

more than 13 percent of full-time miners were heavy alcohol users and 7 percent admitted that they had used illicit drugs within the past month.

"Using alcohol and/or drugs can affect a miner's coordination and judgment significantly at a time when he or she needs to be alert, aware and capable of performing tasks where there is a substantial risk of injury to oneself or others," the MSHA notice said.

"Even prescription medications may affect a miner's perception and reaction time. Mining is a complicated and hazardous occupation, and a clear focus on the work at hand is a crucial component of mine safety."

During a previous comment period, UMW officials questioned whether MSHA had shown the need for a nationwide drug-testing program.

MSHA responded, "Although a subsequent internal [Department of Labor] review of accident reports failed to reveal a significant number of cases where alcohol or drugs were determined to be causative factors, it did reveal a lack of consistency in whether and how alcohol and drug tests are performed and in the investigative process used to determine whether alcohol or drugs may have been factors.

"In fact, currently accident investigations do not routinely include an inquiry into the use of alcohol or drugs and this is a failure that the proposed rule intends to address," MSHA said.

MSHA estimated that the drug-testing rule would cost the mining industry $16 million during its first year and $13 million every year after that.

At Least One Union Group Sees the Light On Drug Testing

Source: 2008 - August - Casino City - Las Vegas Gaming Wire

(Note: Drug Testing, including Random Drug testing is legal in all 50 States, despite political attempts to distort this fact. Furthermore, oral fluid-based on-site drug screening is the only feasible, cost-effective, and accurate method to conduct random testing at construction site. Oral fluid sceening can be directly observed, preventing the prevalent practice of drug abuser adulterating or substituting urine-based testing, and corporate security staff can administer the tests vs. relying upon $8-$10/hr third party collection personnel and sites with transient workers. Furthermore, leading on-site oral fluid tests screen for drugs commony found today on construction sites such as oxcodone and hydrocodone - tranditional NIDA-5 and/or SAMHSA-5 tests do not. )

Union rep in favor of drug test
11 August 2008


LAS VEGAS, Nevada -- Building contractors should be given authority to conduct random drug and alcohol tests of construction workers, either through legislation or through negotiations with unions, a spokesman for a construction trades group said a day after three union members were fired for entering the CityCenter job site after drinking at nearby bars.

Steve Holloway, executive vice president of the Las Vegas chapter of the Associated General Contractors, said Friday that the number of construction workers who are drinking on the job represents a small fraction of the total work force on the site.

However, "it's a large enough minority that it needs to be dealt with, probably by legislation that would allow a construction contractor to perform random drug and alcohol testing," he said.

Holloway is a member of an eight-person task force that was set up in the wake of a series of 12 construction worker deaths at Strip sites in the past 18 months. The committee is looking at possible legislation to be considered by the 2009 Legislature.

Holloway said none of the union contracts now in effect locally allow for random testing of construction workers. (NOTE: UNIONS, OWNERS, INSURERS & CONTRACTORS NEED TO ACT NOW TO ALLOW AND IMPLEMENT RANDOM TESTING VIA ALL SPECIMEN TYPES)

"That needs to be changed by statute, or by negotiations with the union," he said. "It should probably be by statute because we have just as many nonunion workers as we do union."

Steve Redlinger, spokesman for the Nevada Building and Construction Trades Council, an affiliate for 17 labor unions, said lawmakers can't legislate personal responsibility without coming dangerously close to treading on civil liberties. (NOTE: THIS STATEMENT IS COMPLETELY FALSE - U.S. SUPREME COURT HAS MADE IT CLEAR THAT RANDOM DRUG TESTING IS LEGAL AND THAT COMPANIES CAN (AND DO) IMPLEMENT RANDOM TESTING FOR SAFETY PURPOSES - IT IS FIRST AND FORMOST A FEDERAL LEGAL OBLIGATION FOR COMPANIES TO ENSURE A SAFE WORKPLACE FOR ALL EMPLOYEES... THIS IS NOT POSSIBLE AT CONTRUCTION SITES WITHOUT RANDOM DRUG TESTING (VIA OBSERVED SPECIMEN COLLECTION) IN CONCERT WITH EDUATIONAL PROGRAMS AND SUPPORT.)

Another member of the committee, state Assemblyman John Oceguera, D-Las Vegas, said he would not support giving employers "unfettered abilities" to randomly drug test employees because that would infringe on the individuals' rights. (NOTE- A PERSONAL OPINION VS. FACT)

A company should need to show there is "some indication" a worker is impaired by drugs or alcohol before it could demand a test, the state Assembly's majority leader said. (NOTE-THIS IS REPRESENTATIVE OF THE LACK OF EDUCATION ON THE TOPIC OF SUBSTANCE MISUSE-VISUAL OBSERVATION FAILS OVER 90% OF THE TIME TO DETECT SUBSTANCE MISUSE-ONLY RANDOM DRUG TESTING PROVIDES THE REQUISITE LEVEL OF DETERENCE AND DECTECTION).

Committee member and state Sen. Maggie Carlton, D-Las Vegas, sided with Oceguera in expressing concern over individual rights.

Existing union contracts already say companies can request a drug or alcohol test if an employee displays erratic behavior or is slurring speech, a union official said. Most of the current agreements also let employers demand tests before someone is hired or if they are involved in an accident.

Other committee members, Clark County commissioners Chris Giunchigliani and Rory Reid, Las Vegas Mayor Oscar Goodman and state Senate Minority Leader Steven Horsford, D-Las Vegas, did not return calls for comment. Trades Council President Rick Johnson also is on the committee.

The committee will probably reconvene in late August or early September and begin drafting a bill for next year, Holloway said.

The committee members' comments come two days after the Review-Journal reported that it had photographed 10 construction workers drinking at Strip bars before they went on to the CityCenter work site, a violation of rules set by the general contract, its subcontractors and the unions.

Dozens of additional workers were seen drinking alcohol outside convenience stores and inside bars, but they were identified as being off for the day.

On Thursday, three ironworkers members who were photographed returning to the job site were identified and fired by general contractor Perini Corp.

Perini officials said they have not identified any other workers yet, but the company will continue its investigation next week, said Doug Mure, Perini's vice president of human resources and risk management.

Chuck Lenhart, business agent for Ironworkers Local 433, said he met Friday with one of the disciplined workers, who admitted his behavior was inappropriate.

"When I spoke to one of them this morning, he got it," said Lenhart, who declined to give the workers' names or to describe their jobs. "He understood and I believe he is going to get some help."

Lenhart said the fired workers will need to go through counseling, at the union's expense, before they can be cleared to work on other jobs -- in two or three months, at the earliest. The workers won't be reassigned to another job site until they are cleared by a counselor, he added. (NOTE: AN EXCELLENT APPROACH BY THE UNION - SUPPORT, YET MONITOR)

However, each case is different and, if the workers have any prior disciplinary action on their records, they could be removed from the union.

But that is not a step the union wants to take, he said.

"When there is somebody that may have a problem they're not out the door," said Lenhart, who noted the Ironworkers local also screens workers before they join the union.

"We try to get help for them. Some people accept it and some people don't."

However, the responsibility ultimately lies with the individual worker to do the right thing for themselves and the workers around them. (NOTE: TRUE-HOWEVER, IN VIRTUALLY ALL CASES ABUSERS WILL NOT SEEK ASSISTANCE ON THERE OWN UNLESS DETECTED, OR AN INCIDENT OCCURS)

"They have free will and they can make their choices," Lenhart said. "Sometimes, they make bad choices. That's what I'm concerned about in this industry: When you have people who make these types of choices to (drink alcohol before work), there's a possibility of them hurting someone else on the job site."

Perini plans to look at what the company can do to control alcohol problems on its job site, although Mure said: "Our focus right now is the immediate identification (of the workers in the photos)."

The Perini executive did dismiss one rumor that went around the job site Thursday suggesting the company planned to "close" the job site so workers could not leave during lunch.

Mure said trying to close the 77-acre construction site, which employs 7,700 workers, would be impractical.

"That's not even really feasible on a project like CityCenter or any of the major construction projects in Las Vegas," he said. "Rumors are rumors. You've seen the site, it isn't something that could even be considered."

Prescription Pain Relievers - Deaths from Misuse Dramatically

Source: CNN 2008

Home deaths from drug errors soar
Deaths from medication errors at home are up dramatically in last 20 years

Increase steepest in death rates from mixing meds, alcohol, street drugs at home

Researchers cite dramatic rise in home use of prescription painkillers

CHICAGO, Illinois (AP) -- Deaths from medication mistakes at home, such as actor Heath Ledger's accidental overdose, rose dramatically during the past two decades, an analysis of U.S. death certificates finds.


Prescription drug abuse plays a role in the rise in fatalities, but it's unclear how much, researchers said.

The authors blame soaring home use of prescription painkillers and other potent drugs, which 25 years ago were given mainly inside hospitals.

"The amount of medical supervision is going down and the amount of responsibility put on the patient's shoulders is going up," said lead author David P. Phillips of the University of California, San Diego.

The findings, based on nearly 50 million U.S. death certificates, are published in Monday's Archives of Internal Medicine. Of those, more than 224,000 involved fatal medication errors, including overdoses and mixing prescription drugs with alcohol or street drugs.

Deaths from medication mistakes at home increased from 1,132 deaths in 1983 to 12,426in 2004. Adjusted for population growth, that amounts to an increase of more than 700percent during that time.

In contrast, there was only a 5 percent increase in fatal medication errors away from home, including hospitals, and not involving alcohol or street drugs.

Abuse of prescription drugs plays a role, but it's unclear how much. Valid prescriptions taken in error, especially narcotics such as methadone and oxycodone, account for a growing number of deaths, said experts who reviewed the study.

The increases coincided with changing attitudes about painkillers among doctors who now regard pain management as a key to healing. Multiple prescription drugs taken at once -- like the sleeping pills, painkillers and anxiety drugs that killed "Dark Knight" star Ledger -- also play a part, experts said.

"When we see overdoses, we're seeing many more mixed drug overdoses," said Dr. Jeffrey Jentzen, president of the National Association of Medical Examiners and director of autopsies at the University of Michigan in Ann Arbor. Jentzen said autopsies are much more likely to include toxicology tests today than 25 years ago, which would contribute to finding more fatal medication errors as cause of death.

But Phillips said there were no significant increases in other poisonings, such as suicidal overdoses or homicides, so more testing doesn't explain the huge increase. The analysis excluded suicides, homicides and deaths related to side effects.

The increase was steepest in death rates from mixing medicine with alcohol or street drugs at home; that death rate climbed from 0.04 per 100,000 people in 1983 to 1.29 per 100,000 people in 2004.

Many patients ignore the risk of mixing alcohol with prescriptions, said Cynthia Kuhn of Duke University Medical Center, who was not involved in the study.

"They think, 'Oh, one drink won't hurt.' Then they have three or four," Kuhn said.

The increase in deaths was highest among baby boomers, people in their 40s and 50s.

"We're sort of drug happy," said boomer Dr. J. Lyle Bootman, the University of Arizona's pharmacy dean, who was not involved in the research. "We have this general attitude that drugs can fix everything."


People share prescriptions at an alarming rate, Bootman said. One recent study found 23 percent of people say they have loaned their prescription medicine to someone else and 27 percent say they have borrowed someone else's prescription drugs.

Kenneth Kolosh, a statistics expert at the National Safety Council, praised the study but said improved attention to coding location on death certificates may account, in part, for the huge increases the researchers found.

Phillips countered that home deaths from any cause increased relatively little during the time period, so better coding doesn't explain the change.

Michael R. Cohen, president of the Institute for Safe Medication Practices, said more states should require pharmacists to teach patients about dangerous drugs and insurers should pay pharmacists to do so.

Unions Oppose Drug Testing & Safety .. Again

Some Unions just don't get it, preferring to spread misinformation and rely upon scare tactics vs. acting responsibly and in the best interests of safety.


1. Random drug testing is NOT unconstitutional, nor illegal in the United States

2. Teachers should be subject to random drug testing, just as should firefighters, police, and other individuals in occupations where drug abuse would create serious safety issues.

3. Random drug testing via observed speciment collection, has proven to be effective at both detection and deterrence.

(Source: ABC News, KITV.com)

Random Drug Test For Teachers Meets Opposition

Teachers Union Says Drug Test Unconstitutional

HONOLULU -- There are more problems with a plan to randomly drug test school teachers. The union that represents public school teachers now said it can't knowingly agree to a plan it believes is unconstitutional.


The Hawaii State Teachers Association sent a letter to the school board that revealed where the two sides were far apart. The two sides had agreed to have a drug testing plan in place at the end of June, but missed the deadline.


Those eager to begin the new school year said the start is being clouded by drug testing controversy."I hope there is some reasonable resolution to this. It just going to take away from education and that's a shame," principal Mike Haramo said.


"We are starting the school year and they are still talking about it. You just wonder how long it's going to go on for," parent Rikki Wells said.


Wells said he worries it's all about red tape and politics and not enough focus on the children.Dragging it on, going into the courts, the political fees, the arguing back and forth and the truth," Wells said.


The first day of class for most public schools is the end of July, and at some campuses, teachers are to report to work next week.


Others who get random drug tests frequently said the same should apply to teachers.


"I think everyone in the HSTA should be drug tested just for the safety of the children," a construction worker said. Gloria Chi thinks random testing a good idea, but she thinks taking classroom money to pay for it is bad. "BOE should be doing something for the kids for education but the government should really pay for it," Chi said.


And when pressed about what appears to be an about face for the teachers union...


"Random is what teachers agreed to. We agreed to random and reasonable suspicion, but when we got into procedures we found complications of constitutional issues," HSTA Executive Director Mike McCartney said.


McCartney said the latest proposal is unworkable. Both sides have appealed to the labor board to help resolve the conflict.

Random Student Drug Testing - 2008

CALVERTON, Md., April 2, 2008 /PRNewswire-USNewswire/ --

A substantial proportion of the nation's public school districts have instituted random drug testing among their high school students, some possibly going beyond sanctions set by the U.S. Supreme Court, according to a study led by the Pacific Institute for Research and Evaluation (PIRE). These sanctions limit testing to students involved in sports and extracurricular activities.

The study, funded by the National Institute on Drug Abuse, includes data collected from 1,343 drug prevention coordinators in a nationally representative sample of school districts that include high school students. Fourteen percent of the nation's school districts reported conducting random drug testing of students in high school grades in the 2004-2005 academic year.

Nearly all school districts that implemented random drug testing procedures subjected their athletes to the possibility of being tested, and two-thirds randomly tested high school students who participated in other extracurricular activities. More than a quarter of the districts that implemented random drug testing subjected all their high school students to the possibility of being tested.
The Supreme Court ruled in 1995 that testing student athletes for drugs is constitutional, even in the absence of any suspicion of substance use. In a subsequent case, the Court extended its ruling to include students participating in extracurricular activities.
"Random student drug testing will likely continue to be controversial and the practice is likely to be contested, just as we saw with the recent ruling by the Washington State Supreme Court," said Dr. Chris Ringwalt, Senior Research Scientist at PIRE. The Washington State Supreme Court ruled on March 13, 2008, based on a lawsuit that student athletes brought against a local school district, that random drug testing of student athletes is not allowed under the state's constitution, despite the U.S. Supreme Court's 1995 ruling (Supreme Court of the State of Washington. York v. Wahkiakum School District No. 200. Docket No: 99-2-00075-6, March 13, 2008).

Dr. Ringwalt concluded, "This study will provide a benchmark for monitoring the prevalence of random drug testing of high school students in the future."
Pacific Institute for Research and Evaluation

SAMHSA TO APPROVE ORAL FLUID / SALIVA DRUG TESTING

(source: Forensic Sci Int. 2007 Apr 12)

Despite the lack of speed, likely due program mismangement and lobbying on the part of urine labs and large TPAs that have a vested interest in urine testing, SAMHSA will (per the below) have to approve alternative forms of drug testing in order to manage workplace drug abuse.


The U.S. Mandatory Guidelines for Federal Workplace Drug Testing Programs: Current status and future considerations.
Donna M Bush - Division of Workplace Programs, Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services, One Choke Cherry Road, Room 2-1033, Rockville, MD 20857, USA.

The U.S. Department of Health and Human Services (HHS) drug testing standards were published in 1988 and revised in 1994, 1998, and 2004.

In a separate notice, HHS proposed to establish scientific and technical guidelines for the Federal Workplace Drug Testing Program to:

(1) permit laboratory testing of hair, oral fluid, and sweat patch specimens in addition to urine specimens for marijuana, cocaine, phencyclidine, opiates (with focus on heroin), and amphetamines [including methylenedioxymethamphetamine (MDMA), methylenedioxyethamphetamine (MDEA), methylenedioxyamphetamine (MDA)];

(2) permit use of on-site point of collection test (POCT) devices to test urine and oral fluid at collection sites;

(3) permit use of instrumented initial test (screening only) facilities [IITF] to quickly identify negative specimens; and (

4) add training requirement for collectors, on-site testers, and MROs.

This proposal was published in the Federal Register on 13 April 2004, with a 90-day public comment period.

The Substance Abuse and Mental Health Services Administration, HHS, reviewed those comments and is preparing the Final Notice that will define the requirements for such testing, including: specimen collection procedures, custody and control procedures that ensure donor specimen identity and integrity, testing facility, initial and confirmatory test cutoff concentrations, analytical testing methods, result review and reporting, evaluation of alternative medical explanations for presence of drug or metabolite in the donor's specimen, and laboratory certification issues.

Voluntary pilot performance testing (PT) programs for each specimen type are on-going since April 2000 to determine how to prepare PT materials for specimens other than urine to evaluate laboratories' ability to routinely achieve accuracy and precision required.


Certification programs will be developed using the current urine drug testing National Laboratory Certification Program model.

The addition of accurate and reliable workplace drug testing using hair, oral fluid, and sweat patch specimens will complement urine drug testing, and aid in combating industries devoted to suborning drug testing through adulteration, substitution, and dilution.