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Inside This Issue:
DATIA Urges Congress to Pass Legislation Extending Drug Free Workplace Grants
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DATIA recently expressed its support for the Small Business Administration reauthorization legislation, which would include reauthorization of the Paul D. Coverdell Drug Free Workplace Program.
When the Drug Free Workplace Act was passed in 1998, DATIA led the fight to ensure that for-profit companies were allowed to apply for and utilize the Small Business Administration grants that help small businesses set up drug free workplaces. We believe that allowing private sector drug and alcohol testing industry professionals to help small businesses set up and run successful drug free workplace programs is essential to the program's success.
The bills (S 2821 in the Senate, and HR 5108 in the House) have been referred to the respective
committees on small business. Although Congress is currently out of session, DATIA members can still express their support for this legislation by contacting the chairmen of the small business committees via their websites. Congressman Don Manzullo, chairman of the House committee, can be reached at www.house.gov/manzullo, and Senator Olympia Snowe, chairman of the Senate committee can be reached at www.snowe.senate.gov.
On page four, is the text of the letter DATIA sent to Congressman Manzullo (similar letters were sent to other committee members).
Dear Congressman Manzullo:
On behalf of the 1,300 members of the Drug & Alcohol Testing Industry Association (DATIA), I applaud your sponsorship of HR 5108, the Small Business Reauthorization and Manufacturing Assistance Act of 2004, which includes the Paul D. Coverdell Drug Free Workplace Program.
The Act will renew crucial funding for the Small Business Administration to set-up and provide technical assistance to small businesses around the country that need help setting up drug free workplace programs. The grants have previously been available to both Small Business Development Centers and private entities.
Since 1998, the program has had great success around the country. According to the report from one grantee, drug free workplaces he set up using funds from the Coverdell program saw:
• Accidents in the workplace decreased by 59%
• Absenteeism in the workplace decreased by 53%
• Tardiness in the workplace decreased by 59%
• Health care benefit utilization decreased by 53%
• Workers comp claims decreased by 53%
• Theft in the workplace decreased by 56%
• Turnover in the workplace decreased by 56%
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Similar results can be found nationwide. Many small businesses want to set up drug free workplace programs, but don't know where to begin. The Coverdell grants allow for experts in the drug and alcohol testing industry to assist these small companies without a significant financial burden.
Additionally, allowing private entities to apply for the grants is essential. When the Act was first passed in 1998, DATIA worked to include language that would allow for-profit companies to apply for and utilize the grants.
“… an 'eligible intermediary' as an organization located in the United States established to develop comprehensive drug-free workplace programs or to supply drug-free workplace services or to provide other assistance and services to small businesses. Eligible intermediaries must have a specific history of no less than two-years experience in establishing drug-free workplace programs and have an existing drug-free workplace program themselves. Nothing in this Section is intended to encourage competition between profit and not-for-profit organizations.” (See senate report 105-348, page 2.)
Private sector drug testing service providers have the experience, knowledge, innovation, and technologies to effectively institute drug free workplaces that government entities do not.
Congressman Manzullo, I urge the House Committee on Small Business to take up HR 5108, reauthorize the Paul D. Coverdell Drug Free Workplace Program through 2006 and continue to allow private entities to apply for the grants.
Should you have questions about this matter, please feel free to contact me at (703) 548-0901 or mmoskal@datia.org.
Sincerely,
Melissa Moskal
Executive Director
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Don’t Miss Out on Exclusive Exhibit and Sponsorship Opportunities
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DATIA's Annual Conference & Exposition would not be possible without the support of its exhibitors and sponsors. This is especially true for our upcoming 2005 Conference & Exposition and 10th anniversary celebration!
Our 10th anniversary comes around only once and we are planning several fun and exciting events to celebrate this milestone. As such, the support of our sponsors will be paramount to enable DATIA to provide these additional events for participants while keeping registration fees down. Since its inception, DATIA has consistently offered registration fees lower than other comparable conferences and 2005 will be no different.
Our exhibit layout has been designed once again to offer maximum interaction with attendees, and exhibit hours have been maximized based on exhibitor feedback. Feedback from our 2004 Presenting Sponsors and sponsors showed that sponsors received unparalleled exposure and recognition. In 2005, there are increased opportunities for exposure and we encourage you to take advantage of these opportunities. If you have not received your Sponsor & Exhibitor Brochure, please contact Laura Shelton at lshelton@datia.org or 800-355-1257 ext 41 for complete details.
Below is a synopsis of the exclusive opportunities available at this once-in-a-lifetime event for DATIA conference participants.
Exhibitor Packages
Rates starting at $950 and include some or all of the below benefits:
• One 8x10 booth space with 6-foot draped table, chair, wastebasket, and signage
• Listing and/or link on DATIA's Conference Exhibitors web page for up to 12 months
• Listing and description of company & products in attendee conference materials
• Two full conference registrations
• Pre- and post-conference attendee follow-up mailing labels
• Pre- and post-conference attendee marketing email list
Sponsor Packages
Rates starting at $2500 and include some or all of the below benefits:
• Up to four conference registrations
• Company name/logo on conference attendee binder, tote bag, and pre-conference marketing mailings
• Signage designating company as sponsor throughout conference
• Listing and description of company & products in attendee conference materials
• Listing and/or link on DATIA's Conference Sponsor web page for up to 12 months
• Pre- and post-conference attendee marketing mailing labels
• Introduction and acknowledgement of conference sponsor at Opening Ceremonies
• Placement of promotional material in conference attendee tote bag
• Inclusion of a one-page ad in the official conference binder
• Pre- and post-conference attendee marketing email list
• Ability to include product/service informational meetings held in conjunction with the conference in the final meeting agenda (must not conflict with DATIA scheduled meetings)
Prestigious Presented By Sponsorships
Call Laura Shelton for your personalized proposal based on your company's needs. Examples of items included in past Presented By Sponsorships include:
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• Designation as a Presenting Sponsor of the DATIA Annual Conference and Exposition
•Complimentary conference registrations
• Hospitality room with cocktails and hors d'oeuvres on Friday, May 13, 2005 for use in entertaining clients, potential clients, and VIPs. Such hospitality room will be included in the conference agenda
Prominent exposure during conference events to include Sponsor's logo and designation as a Presenting Sponsor on:
• Complimentary drink tickets at the Opening Reception
• Beverage napkins at the Opening Reception
• Conference manual given to all attendees
• Conference tote bag given to all attendees
• All event signage and banners
• An exhibit booth in a sought after booth location-- Presenting Sponsors receive first choice of their exhibit booth location
• The opportunity to display sample products, coupons, or promotional materials at the conference registration area as well as in each conference attendee tote bag
Press regarding the company's sponsorship of the DATIA conference to include:
• Designation of sponsorship in all conference press releases
• Feature in two Conference Sponsor updates sent via email
• Article in DATIA newsletter discussing company and its sponsorship of the DATIA conference
• A one-page ad in the official conference manual
• A 12-month link and sponsorship designation on the DATIA Conference Sponsor web page
• Designation as a Presenting Sponsor along with sponsor's logo on all conference attendee promotional brochures and materials
• The ability to directly contact conference attendees through pre- and post- conference mailing lists to include mail addresses and email addresses
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EAPs and the Drug Free Workplace
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The most important asset of any organization is the employee, and to ensure that the organization has its highest return on investment, it must do its best to achieve a safe, healthy, productive, and risk-free workplace. As early as 1914, Henry Ford recognized the problems involved with alcohol and drugs, and suspended profit sharing benefits to “Workers who failed to conform to the Ford idea of virtue, i.e., sobriety, fidelity, thrift, etc.” However, it wasn't until the second half of the Twentieth Century that so-called recreational drugs began to have a significant effect on the work force.
As this country moved out of the Great Depression and through World War II, general prosperity increased, and with this prosperity came an influx of illegal drugs that people could easily afford. The result had a costly effect on productivity in the workplace.
Today, as in 1914, it is a known fact that drugs and alcohol have a costly effect on the productivity of this human asset. Awareness has increased over the past ninety years, as have efforts to contain and/or eliminate the use of drugs and alcohol in the workplace. Beginning as self-help programs evolving from the rise in popularity of Alcoholics Anonymous in the early 1940s, employers aided the recovering individual initially by assuming the risk of returning that person to work. When such gambles proved successful, efforts were made to begin to identify employees with alcohol problems before termination due to poor job performance became necessary. Since that time Employee Assistance Programs (EAPs) have existed in one form or another to support the recovering individual remaining on the workforce.
Over time EAPs evolved into programs that provide assistance and help for employees in finding solutions to life problems affecting job performance, and are incorporated as a function of most large- and medium-sized companies in this country. The EAP today is defined as a worksite-based program designed to assist work organizations in addressing productivity issues, and employee-clients in identifying and resolving personal issues that may affect job performance. These EA services may be structured within the work organization or may be provided through outside contractors. Substance Abuse Professional (SAP) services can often be provided or located by the EAP.
As the Drug-free Workplace Programs (DFWP) were formally set into place, it was routinely established that employees be made aware of available drug counseling, rehabilitation and employee assistance programs. The generally accepted DFWP includes Employee Assistance as a specific part of its structure, and is so written into the organization's DFWP policy statement.
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Many employees testing positive are recreational users, not realizing the safety risks they present when using. In such cases, the SAP refers them to an education program. It is important that this process be taken seriously, inasmuch as these employees knowingly chose to use drugs or alcohol in spite of federal mandate and their employer’s DFWP policy. If their employer chooses to return them to their safety-sensitive positions, they should be cautiously observed, and the SAP-prescribed Follow-up Testing Program must be closely followed. It's recommended that the employee sign a Last Chance Agreement, stating that any repeat usage results in termination. EAPs have experience dealing with such instances and can be a valuable source of guidance to employers.
Returning an employee who is in recovery from drug or alcohol addiction to a safety-sensitive position is considered by some as a risk. However, experience in the workplace has shown that recovering employees are more dependable, have fewer absences, fewer insurance claims, and are generally more dedicated and reliable. It is the EAP who is qualified to work with the employee, giving support and guidance in the employee's quest for a straight and sober life. The EAP’s can guide these individuals to appropriate support groups, such as AA, NA, CA, etc., and to continuing aftercare following their SAP-mandated therapy.
In the end, it is the employer who benefits by retaining an employee after completing the SAP- recommended process through savings on recruitment costs, new employee training, lower absentee rates, lower insurance and worker's comp rates, and improved work environment, and it is the EAP who assists both employer and employee in guiding them through the process, providing a win-win solution.
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DATIA's 2005 Annual Conference Agenda Focuses on Future Growth
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Professionals in the drug and alcohol testing industry have witnessed many changes since the industry's inception in the late 1980's. Even more changes have occurred as the industry came together to form an association to make their voice heard in Washington, D.C., as well as to network and share best practices with colleagues. DATIA, formed in 1995, has also been through many changes in its 10 years of existence to include a name change, new programs, new members, and much, much more. DATIA's Annual Meeting Committee has selected session topics for the 2005 Annual Conference that will celebrate the industry's successes over the last 10 years, as well as prepare participants for continued growth in the years to come. Over the next few months, we will highlight each session of the conference and how it can benefit you.
The 2005 conference, Celebrate the Magic, will kick off with a keynote by Dr. Steve Bedwell--renowned speaker and magician. Don't be fooled by the MD, he's funny! Steve's diverse track record of outstanding success is a testimony to the power of getting a fresh perspective. After graduating from medical school, he journeyed across continents teaching and conducting research in the USA, Europe and Australia. He even found himself deep in the African jungle removing an appendix under the illumination from a car headlight!
While still practicing medicine, Steve somehow found time to revisit his childhood passion for sleight of hand. His ability to get a fresh perspective, this time on the art of magic, brought him instant recognition. Steve's innovative routines baffled the best minds in magic and within a few short years, he earned international acclaim as a world champion magician.
After years of teaching the complexities of medicine with clarity and humor, Steve decided to focus his considerable talent and vital message, that success happens when we get a fresh perspective, towards the corporate and association markets. His clients include AT&T, General Electric, IBM, Siemens, Nokia, Deloitte and Touche, Morgan Stanley, PriceWaterhouse Coopers, Novartis Pharmaceuticals, HBO, Universal Studios and Kawasaki. Steve has performed at events for President George W. Bush, and appeared on numerous television shows including Barbara Walters’ The View.
His session “Get A Fresh Perspective, Supercharge Your Success!” illustrates how you can increase your success by looking at every opportunity, frustration and challenge from a different viewpoint. During this program, Steve confronts rigid thinking, shatters blind spots and seamlessly weaves psychology, humor and magic into a vital message: success happens when we get a fresh perspective. Steve doesn't just explain his strategies but presents highly interactive demonstrations to prove their validity. Key objectives of Steve's presentation include:
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• Overcome the one misperception that prevents you from achieving your potential
• Take control of your thinking, emotions, and behavior for greater productivity
• Learn psychological strategies for becoming more opportunity minded, creative, and successful
• Have more fun learning than you ever thought possible, guaranteed!
After the kickoff event, DATIA's agenda continues to focus on ways for drug and alcohol testing professionals to celebrate their past successes and increase their future growth. Sessions include:
• Update on Regulatory Issues by Federal Officials with representatives from key federal agencies
• A discussion of Lab-based testing vs. instant testing --Paul Belyus, Quest Diagnostics, Incorporated; Bob Garvey, Quest Diagnostics, Incorporated
• Drug and Alcohol Testing Program Administration--A "Six Sigma" Approach--Josephine Kenney, First Advantage Corporation
• Drug Use Trends in America--Calvina Fay, Drug Free American Foundation
• Science, Non Science, and Nonsense--Bill Thistle, Psychemedics; Dr. Tom Mieczkowski, University of South Florida; Dr. Carl Selavka, Massachusetts State Police Crime Laboratory
• Creating a Drug Free Workplace Policy--Dr. Jill Captain, Secure Medical Care
• New Case Law Affecting Drug and Alcohol Testing Providers--Tom Eden, Wallace, Jordan, Ratliff & Brandt, LLC
Mark your calendar now to attend this milestone event. Complete registration materials will be mailed in early December. We look forward to seeing you in sunny Orlando next May (don't worry…May is before hurricane season!).
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Getting the Proper Insurance
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Drug and alcohol testing specimen collection sites and consortia/third party administrators need to understand insurance coverage and make sure they're not putting their companies at risk.
Many companies have Comprehensive General Liability (CGL) policies. Standard CGL policies provide coverage for bodily injury or property damage caused by an “occurrence.” Bodily injury is generally defined as “bodily injury, sickness or disease sustained by any person, which occurs during the policy period, including death at any time resulting there from.” “Occurrence” is defined as “an accident, including continuous and repeated exposure to substantially the same general harmful conditions.” CGL policies can often by customized for specific business practices. However, it is important to note that many CGL policies exclude coverage for professional services, such as those that may be performed by a collection site or C/TPA.
Therefore, in addition to a CGL policy, C/TPAs and collection sites should have a Professional Liability insurance policy. This is essentially an “errors and omissions” insurance policy to insure against liability that arises from mistakes inherent in the practice of a particular profession or business. These policies can also insure against injuries that may occur during the rendering-or failure to render-professional services. This type of coverage is what collection sites and C/TPAs should have to handle lawsuits arising out of mistakes associated with testing such as mishandling a specimen, errors in the collection process, improperly reporting test results, providing incorrect policy development services, etc. Claims for invasion of privacy, negligence, outrage, slander and libel (defamation) may result from such mistakes.
It is important to note, however, that these policies cover actions of your company and its employees, but not independent contractors. (In other words, it covers the employees to whom you give a W-2 but not those who receive a 1099.) Therefore, conventional wisdom and good business practices would recommend that all collection sites, C/TPAs, and other companies who use independent contractors ensure that the contractor carries adequate liability coverage. While your company would be protected, your reputation is still at risk.
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DATIA offers a group professional liability insurance program through BB&T.
Five Reasons to Join DATIA's Program:
1. It protects your company when legal action is taken as a result of errors made during the testing process.
2. Prior acts coverage is provided for acts within the retroactive period of two years.
3. Accredited DATIA members receive discounted premiums.
4. You must have professional liability coverage for DATIA accreditation.
5. It is a one-of-a-kind plan for drug and alcohol professionals.
If you're interested in DATIA's program, you may fill out an online application at datia.org (click on Insurance) or call BB&T at (800) 849-1887.
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Spotlight: Phamatech, Inc.
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DATIA has been extremely pleased by the number of members that have upgraded to a higher membership level this year, and have been spotlighting these companies in each issue of DATIA News. In this issue, DATIA would like to recognize Phamatech, Inc. Phamatech, Inc., has been a corporate member of DATIA since February of 2000, and just recently made the decision to upgrade to the sustaining level.
Phamatech, Inc., is a San Diego, California, based manufacturer of on-site drug testing kits. The company was founded in 1991 by a small group of dedicated scientists and business executives. Combining clinical experience, technical expertise and sound business strategies, they have grown steadily over the years to become a major provider of rapid medical diagnostic devices for home healthcare, the workplace and clinical settings worldwide.
Since 1994, Phamatech has focused on increasing sales of their own brand-name products and building a strong foundation for continued growth and brand equity worldwide. Phamatech's accomplishments are not simply attributable to genius, leadership or dedicated hardworking employees. They grew and prospered with the assistance of great partners and distributors who have given loyal support along the way. Phamatech believes teamwork is the key to success. They are proud to be sustaining members of DATIA and support DATIA's efforts to assist and solidify the drug testing industry.
Phamatech believes that creative thinking is the driving force behind innovation and quality. Phamatech promotes an environment of creativity and open communication, which rewarded them with the innovation of the first-ever FDA-cleared at home drug test. On October 16, 1998, Phamatech revolutionized drug testing with the announcement that they received FDA-clearance on the United States’ first over-the-counter drug test. The at home drug test is now on the shelves in more than 20,000 retail drug stores nationwide.
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Phamatech is also a primary financial supporter of the Community Anti-Drug Coalitions of America (CADCA). Funding by Phamatech and other CADCA sponsors including Office Depot, the National Football League and Knight Ridder, have helped build grass-roots organizations that fight teen drug abuse nationwide.
For more information about Phamatech, visit DATIA's membership directory at http://search.ZipServe.com/datia/website or http://www.phamatech.com |
New Technologies Making Headlines
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Two new developments in the drug and alcohol testing industry have been making nationwide headlines recently. The first, synthetic urine, has great potential for laboratories. The second is a new testing technology being used in law enforcement.
Surine
Drug testing labs buy thousands of gallons of urine to calibrate and test their equipment. But human urine has limitations for calibration and testing--it's unstable, must be kept refrigerated to prevent decay, and must be frozen when shipped. Donors must be screened very carefully for drug use or disease. And since everybody has different body chemistry, no two samples will ever be exactly alike.
And now along comes Surine, a synthetic urine, created by Dyna-Tek Industries in Kansas. Several attempts have been made over the years to produce synthetic urine, but have failed in testing labs. Previous versions used human urine with additives to reduce problems.
According to the Associated Press, one of Dyna-Tek's largest customers for synthetic urine thus far has been the Centers for Disease Control and Prevention.
Synthetic urine will also be useful in point of collection testing, where employees who don't have the same scientific background as those who work in labs may need to use it for testing equipment.
A downside, of course, is the potential for synthetic urine to be sold to drug users who are trying to thwart a drug test. According to the AP story, Dyna-Tek has fielded calls from those companies but has rejected their offers and only does business with reputable labs.
Remote Alcohol Use Monitors
According to a news report from Michigan, some courts are using a new device similar to a house arrest anklet as part of probation for those convicted of alcohol related offenses.
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The device, called the Secure Continuous Alcohol Monitor, is worn around the ankle and monitors blood alcohol content 24-hours per day through sweat testing. The device is tamper and water resistant so it can be worn in any condition.
Supervising agencies can customize the device to test at appropriate intervals, and the device is a passive test. Subjects can continue to work, go to counseling, and take part in normal daily routines without visiting a testing site.
The anklet transmits the testing information via a proprietary radio frequency to a specialty modem hooked up to a regular phone line in the subject's house. At prescheduled times, the anklet sends the testing information to the modem, which then transmits the information to a web-based application where offender data is collected, analyzed, and stored. Monitoring agencies and supervising agents have access to the information via a standard web browser.
Michigan began using the system in 2002 and has had great results. The daily monitoring fee is about $12 and is paid by the offender. |
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DATIA Will Unveil a New Program Management Course in November
November 19 and 20 may be the end of the road for DATIA's 2004 training course schedule, but it is just the beginning for DATIA's Secrets to Successful Drug and Alcohol Testing Program Management Course. DATIA will begin teaching a new curriculum and agenda during the training courses in San Francisco, California. The new class will focus more on non-mandated drug testing programs, and will continue to teach compliance with the DOT program.
Dean Klassy, DATIA's vice-chairman of the board, will remain the instructor for the course. The new curriculum, combined with Mr. Klassy's experience in the drug and alcohol testing industry, makes this course a necessity for consortia and third party administrators. Below is the new agenda for the course.
I. An overview of drug and alcohol testing program management
II. The current legislative and regulatory scheme
III. Developing standardized operating procedures for compliance
IV. Creating an effective and binding client contract: A practical workshop
V. Evaluating the hidden pitfalls of contracting with collection sites, laboratories, and other vendors
VI. Points to ponder in developing company policies for clients
VII. A “nuts and bolts” approach to maintaining the integrity of the testing process
VIII. All programs are NOT created equal--Distinguishing between mandated and non-mandated testing programs
IX. Reporting test results quickly and efficiently
X. Obligations for providing employee training and education
XI. Implementing a follow-up program for positive tests
XII. Conquering the mountain of paperwork and filing requirements
XIII. Overseeing consortium/TPA vendors
XIV. Ensuring client cooperation with consortium/TPA
XV. Maintaining a positive working relationship with DOT and other regulatory agencies
XVI. Assessing the role of technology in consortium/TPA practice
XVII. Consortium/TPA responsibilities vs. employer responsibilities
XVIII. Managing business and organizational issues
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DATIA Welcomes a New Addition and Announces Additional Staff Changes
Recently, DATIA hired Shantal Hall as our new program administrator. Prior to her arrival, Shantal worked with the American Medical Women's Association for eight years. Ms. Hall has over two years of experience in Continuing Medical Education (CME) accreditation and successfully completed the Accreditation Council of Continuing Medical Education's (ACCME) re-accreditation requirements for the American Medical Women's Association in 2004. Ms. Hall also has over six years of experience in member services, working with women physicians and medical students in all specialties. She is currently attending Marymount University and pursuing a bachelor of science degree in computer information systems.
We are very pleased to have Shantal as a member of the DATIA staff, and we are confident that her vast experience with certification, accreditation, and membership will be a wonderful asset to the association.
We'd also like to announce that Alicia Williams has been promoted to programs director. Alicia has been working as DATIA's membership and programs coordinator since March of 2000. As the membership and programs coordinator, Alicia was responsible for maintaining the day-to-day operations of DATIA's membership and certification programs. Alicia is now focusing on DATIA's training programs, website, publications, and membership.
Both Shantal and Alicia are available to assist members and certified individuals Monday through Friday 9:00 AM -5:30 PM EST at 1-800-355-1257 or info@datia.org.
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Bush Team Mentions Vote Against Drug and Alcohol Testing to Refute Kerry Ad
The Bush-Cheney campaign mentions Senator John Kerry's vote against drug and alcohol testing for safety-related personnel in the transportation industry in their refutation of a recent Kerry-Edwards advertisement. Kerry's commercial focuses on the Senator's previous career as a prosecutor who fought for victims, and protected the public.
The Bush refutation of the ad includes this vote to attempt to show that Kerry does not truly serve the public's safety interests. Kerry was just one of seven senators to vote against the drug and alcohol testing measure in 1987.
The Kerry ad (titled “I Know”) and the Bush refutation that highlights the vote against drug and alcohol testing for employees in safety-sensitive positions in the transportation industry can be found at www. gop.com.
Supreme Court Turns Down Random Drug Testing Case
When the Supreme Court of the United States convened on the first Monday in October, they declined to hear arguments in Mesa v. Peterson and let stand the Arizona Supreme Court's decision.
The Arizona court held that the “random, suspicionless” drug testing of the city of Mesa's firefighters violates their Fourth Amendment rights. The city's drug testing policy for firefighters encompasses the four triggers in the state statute for drug testing: reasonable suspicion, after an on-the-job injury, a return to duty following an extended absence or a determination that a firefighter was “in need of assistance” relating to drug or alcohol use, and random unannounced tests during the year.
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In Peterson v. City of Mesa, firefighter Craig Peterson challenged one aspect of the department's drug testing policy--the random tests--and the state high court agreed with him.
Random testing is permitted by Arizona's drug testing statute 23-493.04(C). Peterson's challenge did not question the validity of the state law permitting random testing, but it did question whether the law applies to government employers.
The city argued that random testing of firefighters without suspicion is a special need because their jobs demand a high level of performance and speedy response, particularly as first responders.
“As seen during and since September 11th, firefighters are an integral part of this country's ability to respond to terrorism," the city of Mesa wrote in its legal filing. "Firefighters' duties ... are fraught with such risks of injury to others that even a momentary lapse of attention can have disastrous consequences."
While the Arizona court agreed with Peterson's challenge, the ruling does not impede the right of government employers to use drug testing for pre-employment, return-to-work, reasonable suspicion, and post-accident.
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