A new act passed by the Senate in response to the opioid crisis could soon provide new drug-testing options for employers regulated by their state department of transportation. In other news, employers subject to the Fair Credit Reporting Act (FCRA) may need to update their background check forms—check with your KRESS compliance expert today to see if this new rule applies to your business! We keep on top of laws relating to employment and data protection so that you don’t have to.
The passage of the Opioid Crisis Response Act of 2018 or S. 2680 by the U.S. Senate on September 17 by a vote of 99–1 may provide new drug-testing options for state department of transportation personnel, specifically hair and oral fluid testing, as well as requiring the USDOT to create and manage a publicly available database of drug and alcohol testing data reported by employers by each mode of transportation by March 31, 2019.
As concerns over data breaches and security become more prevalent, the laws regarding data protection are working to keep pace. In May 2018, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act, which requires nationwide consumer reporting agencies to provide a “national security freeze” free of charge to consumers. The national security freeze restricts prospective lenders from obtaining access to an individual’s background report, which in turn makes it more difficult for identity thieves to misappropriate the individual’s personal information.
At first glance, it might appear that this new law would not impact employers. However, the law also states that whenever the Fair Credit Report Act (FCRA) requires a “consumer” to receive a Summary of Consumer Rights, a notice regarding the availability of a security freeze must be included.
Drug testing is an important part of making companies safer and healthier. It also contributes to a healthy and safer community.
With the increase in substance abuse reaching epidemic levels, drug testing is more important than ever. Benefits range from direct, short-term savings in health care costs, absenteeism and employer liability claims from on-the-job accidents. Long-term benefits are a more productive workforce with an increase in performance and higher quality work. It is a smart business practice.