Navigating Internships and Drug Testing Policies

Internships offer invaluable real-world experience, bridging the gap between academic knowledge and practical application. However, the landscape of internships includes navigating company policies and procedures, including drug testing. Understanding the nuances of these policies is crucial for prospective interns.

Drug Testing in the Internship Landscape

Internships are short-term job experiences that offer on-the-job training and applying your classroom knowledge to the real world, and in the real world, drug testing is a reality. While interns may not be considered full employees, they are often subject to company drug policies. This is especially true in industries such as healthcare, aviation, education, transportation, and sports, as well as positions at the federal or state level. Some companies, however, do not drug test, while still offering incentives, college credits, and potential for future employment.

Types of Drug Tests Used for Interns

Internships can use a variety of drug testing procedures to screen potential interns, similar to pre-employment screenings or random drug tests for employees. The most common types of drug tests include:

Urine Drug Test: A urinalysis detects drug toxins in the body after the drug's effects have worn off. It is accurate in detecting common recreational drugs like cocaine, cannabis, amphetamines, and opiates.
Mouth Swab Drug Test: A mouth swab drug test (MSDT), or saliva drug test, collects saliva samples and tests for the activated delta-9 THC compound found in marijuana, as well as other recently used drugs. It is less invasive and relatively inexpensive.
Blood Drug Test: A blood test measures the quantity of drugs or alcohol in the blood at the time of the test.
Hair Follicle Drug Test: Some companies with stringent drug policies use hair follicle tests, which can detect drugs up to 90 days in the system.

Prospective interns may be subjected to any of these drug tests before being considered for an internship, depending on the company and its drug policies. Interns may also be subject to drug testing after being accepted for an internship, depending on the company's policies.

Federal Regulations and Guidelines

Several federal regulations and guidelines influence drug testing policies, particularly for federal contractors and grantees.

Drug-Free Workplace Act of 1988: This act requires federal contractors and grantees receiving federal grants or contracts of over $100,000 to implement a drug-free workplace policy.
10 CFR 707 (Workplace Substance Abuse Programs at DOE Sites): This rule outlines drug testing requirements for contractors working at Department of Energy (DOE) sites. It mandates testing for marijuana, cocaine, opiates, phencyclidine, and amphetamines. Contractors must notify workers 60 days before initial testing of the approved plan and the drugs included in the program.
Mandatory Guidelines for Federal Workplace Drug Testing Programs: These guidelines, issued by the Department of Health and Human Services (HHS), provide procedures for urine testing and require contractors' drug testing programs to be consistent with these guidelines. Drug testing facilities must be certified by HHS' Substance Abuse and Mental Health Services Administration (SAMHSA).

Specifics of 10 CFR 707

Drug Panel: At a minimum, contractors must test for marijuana, cocaine, opiates, phencyclidine, and amphetamines (5-panel drug test). A 7-panel drug test can be used if DOE approves the contractor's written Workplace Substance Abuse Program. When conducting reasonable suspicion or occurrences testing, contractors can test for any drug listed in Schedule I or II of the Controlled Substance Act.
Specimen Type: Urine is the required specimen for drug testing.
DOT Certification: The person conducting the drug test does not need to be DOT certified, but the contractor's program must be consistent with HHS' Mandatory Guidelines.

Post-Accident Testing

The term "post-accident" is used in the Mandatory Guidelines and is considered interchangeable with "occurrence, accident, incident, or unsafe practice" for DOE testing programs. Testing may be warranted after an accident, depending on factors such as the reason for the accident, its type and severity, injuries, and property damage.

Testing for Semi-Synthetic Opiates

The federal agency drug testing program focuses on illicit use of morphine, codeine, and heroin. While "opiate" refers to natural alkaloids, "opioid" includes synthetic and opiate-like drugs. The Medical Review Officer (MRO) determines the legal or illegal use of drugs.

Medical Review Officer (MRO) and the Review Process

The Medical Review Officer (MRO) plays a critical role in the drug testing process. Their responsibilities include:

Verifying the accuracy and completeness of the Federal Drug Testing Custody and Control Form (Federal CCF).
Interviewing the donor when required (non-negative lab results).
Making a determination regarding the drug test results.
Reporting the results to the Department.
Maintaining records and confidentiality of the information.

The MRO reviews all non-negative laboratory test results (positive, adulterated, substituted, invalid) and all negative and dilute specimens before reporting the final results. They contact the employee/donor via telephone, giving them an opportunity to provide information concerning the non-negative lab results, such as medical or prescription documentation. The MRO makes the final determination using lab results, the employee/donor interview, and their knowledge of drug interactions.

Reporting of Results

The MRO reports the final results of the drug tests in writing, ensuring confidentiality. For a single specimen, the MRO reports whether the specimen was negative, dilute, positive (specifying the drug), a refusal to test (adulterated or substituted), or if the test was cancelled (stating the reason). The MRO does not disclose any numerical values to the agency.

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Negative-Dilute Results

A "negative-dilute" result is first a "negative" drug test. The laboratory may report the specimen as "dilute" in conjunction with either a positive or negative drug test. This can occur when the donor has been drinking large amounts of fluid, taking a diuretic, or drinking fluids immediately before providing the specimen.

Applicant Testing and Designated Positions

Applicants for Testing Designated Positions (TDP) are required to have a negative drug test result before starting their duties. This applies to both internal and external applicants. TDPs are positions that are either safety-sensitive or national security-sensitive, including:

Positions Involving National Security (security clearance holders).
Positions Involving Public Health or Public Safety.
Presidential Appointees.
Positions Involving Law Enforcement.
Positions Involving the Construction, Operation, and Maintenance of Transportation or Major Electrical Equipment.

State Laws Regarding Marijuana and Drug Testing

Employee drug testing laws vary widely by state and are evolving rapidly, especially with the legalization of marijuana in many states for both medical and recreational use. Employers are legally required to keep their drug testing policy up-to-date to comply with federal, state, and local laws.

Many states have provisions for job applicants regarding drug testing, and marijuana legality significantly impacts these provisions. Some states permit drug testing after a conditional offer of employment, while others require notice to the applicant. Certain states, like Arizona and Connecticut, have protections for medical marijuana users, preventing employers from discriminating against them based on a positive test result unless certain conditions are met. In states like Nevada and New Jersey, employers cannot deny employment based solely on a positive marijuana test, particularly if the use occurs outside of work.

Examples of State Regulations

Arizona: Employers cannot discriminate against registered medical marijuana patients unless the person used, possessed, or was impaired by the drug while on the job.
Connecticut: Employers can test for marijuana but cannot refuse employment to qualifying medical marijuana users based on a positive test result, unless certain conditions are met.
Nevada: Employers can conduct pre-employment drug tests but cannot deny employment based on a positive marijuana test.
New Jersey: A candidateâs marijuana use outside of work cannot affect hiring decisions.

Legal Considerations for Employers

Employers who fail to adhere to state or federal drug testing laws may face significant legal consequences, including fines, penalties, and potential lawsuits from employees. Violating drug testing laws may also lead to claims of discrimination or wrongful termination if employees believe they were unjustly subjected to or penalized for drug tests.

The Supreme Court has ruled that wholesale drug tests without specific motivation for suspicion are unconstitutional. They also ruled that the results of an applicant or employee testing positive cannot be used in future criminal cases without the personâs consent. A test can be challenged on constitutional grounds if the results are indiscriminately revealed or if testing is excessive or otherwise inappropriate.

Creating a Drug Testing Policy

Employers that plan to conduct drug testing on candidates (and in some cases, existing employees) as part of the background check process should consider creating a written drug testing policy. The policy should be up-to-date to comply with federal, state, and local laws.

Before performing a pre-employment drug screening, employers must provide written notice of the intent to conduct a drug screening and receive permission in writing from the candidate before proceeding. This helps protect candidates from discrimination based on sex, race, religion, color, or national origin.

Best Practices for Interns

Given the complexities of drug testing policies, interns should:

Be Aware of Company Policies: Understand the drug testing policies of the company or organization offering the internship.
Stay Informed: Keep up-to-date with the latest drug testing laws and regulations in their state.
Be Prepared: If drug testing is expected, be prepared to undergo the necessary tests.
Seek Clarification: If unsure about any aspect of the drug testing policy, seek clarification from the company or a legal professional.
Consider Lifestyle Choices: Make informed decisions about recreational drug use, considering its potential impact on internship opportunities.

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