Employment Provisions

Nondiscrimination in Employment – GINA will prohibit an employer from discriminating against an individual in the hiring, firing, compensation, terms, or privileges of employment on the basis of genetic information of the individual or family member of the individual. For purposes of GINA, the term “family member” includes 1) spouse of the individual; 2) a dependent child of the individual, including a child who is born to or placed for adoption with the individual; or 3) parent, grandparent, or great-grandparent.

Restrictions on Collecting Genetic Information – GINA prohibits an employer from requesting, requiring, or purchasing genetic information of the individual or family member except (1) where the employer inadvertently requests or requires the information; (2) for genetic services offered by the employer (including wellness programs); (3) for purposes of complying with the Family and Medical Leave Act; and (4) where the employer purchases documents that are commercially available.

Exception for Genetic Monitoring in the Workplace – GINA does allow for genetic monitoring of biological effects of toxic substances in the workplace, but only if (1) the employer provides written notice of the monitoring to the employee; (2) the employee agrees to the monitoring in writing or the monitoring is required by federal, state, or local law; (3) the employee is informed of the results of the test; (4) the monitoring conforms to any federal or state law, including rules promulgated by OSHA; and (5) the employer receives the results of the tests in aggregate terms.

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1. Up to 6-months of leave for family members caring for military veterans injured while on active duty.
2. 12-weeks leave to family of service members called to active duty under certain circumstances.

It is wise to update your FMLA policies/procedures to ensure these amendments are reflected. HRC recommends making the following changes to policies/procedures:

1. Update the “leave entitlement” portion of your FMLA policy to note that eligible employees may now take a) leave for a “qualifying exigency”, and b) leave to care for a family member injured while on active duty.
2. Update the “duration of leave” portion of your FMLA policy to note that eligible employees may take up to 6 months of leave to care for a family member injured while on active duty or up to 12 weeks leave for a “qualifying exigency”.
3. A notation regarding any state law that may provide leave for family of service members should also be included.
4. Update notice forms to reflect the addition of leave to care for a family member injured while on active duty and leave for a qualifying exigency.

While the updates that you make now to your policies/procedures most likely will change in the future once we are given additional guidance from the final implementing regulations, it is a best practice to ensure that employees are notified of their rights regarding leave for qualifying military reasons.

As more information becomes available, HR Consultants, Inc. will issue an update on this issue.

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The most common drug screening programs utilize the 5 panel screen. The 5-panel screen identifies the following drugs:

• Amphetamines (amphetamines and methamphetamines)
• Cocaine
• Marijuana
• Opiates (morphine and codeine)
• Phencyclidine (’PCP”)

Employers do have the option of purchasing a 10 panel screen that will identify the drugs listed above PLUS the following:

• Barbiturates (Amobarbital, Butabarbital, Butalbital, Pentobarbital, Phenobarbital, Secobarbital)
• Benzodiazepines
• Methadone
• Methaqualone
• Propoxyphene

Employers also have the option of purchasing a lO-panel extended screen that will identify the drugs listed above but will also screen for additional drugs such as Oxycontin, Tramadol, etc.

While the cost of conducting the lO-panel extended screen is slightly higher; the potential savings resulting from decreased absences, a reduced accident rate and a lower turnover rate may warrant the higher upfront costs associated with screening.

Another consideration for your drug-testing program is the type of specimen used. Urine is the most frequently required specimen. However, employers should consider the following:

Employers should consider the use of hair testing for “in-service” testing because it will give a picture of the individual’s use over a longer period of time. In addition, employers consider the cost of hair testing to be worthwhile for pre-employment testing because they feel they are able to screen out those users that can clean up their act for a 3 day period prior to undergoing pre-employment testing. Generally, hair testing is double or triple the cost of urine testing; however, employers again need to consider the costs of drug abuse in the workplace.

By the way, “Kicker”, “OC”, “OX”, “Blue”, “Oxycotton” and “Hillbilly Heroin” are all street names for the prescription substance Oxycodone most commonly prescribed as Oxycontin.

To learn more about the various drug classes, please visit: www.usdoLqov/dea/pubs/abuse/3-intro.htm

To learn more about various drugs of abuse, please visit: www.usdoj.qov/dea/pubs/abuse/chart.htm

Source: George W. Fouse, MD, PhD, Medical Director, HealthForce

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