Spring 2016Uncategorized

Ohio House Bill 298 and Drug Testing

Welfare applicants may be subject to mandatory drug tests under new House Bill 298, if passed.

The bill was introduced back in August in the state legislature, and proposed to Congress in November.

The purpose would be to enact laws that require those applying for unemployment benefits to “submit to a drug test (under certain circumstances), to require the Director of Job and Family Services to operate an Ohio Works First drug testing pilot program, and to make an appropriation,” according to the bill.

Substance abuse is currently the number one setback of employment and economic independence, based on a recent state report. Because of this growing issue, lawmakers believe the groundwork may be crucial, in order to secure validity of the applicant’s need as well as reduce unlawfulness and increase the general safety of the public.

According to Ohio Legal Services, to currently qualify for cash assistance, you must: be living with a child that is under age 18 (or be a pregnant woman), and have insufficient income amounts — which may vary based on how many family members are present in the household. “For example, a family of 4 can have a take home income of $861 a month and still qualify for cash assistance. The maximum monthly amount for a family of four is $507,” according to its website.

Jeff Graham, Director of ARCpoint Labs of Cuyahoga Falls, explains the drug testing process.
Jeff Graham, Director of ARCpoint Labs of Cuyahoga Falls, explains the drug testing process.

What is the process of drug testing?

Jeff Graham, Director of ARCpoint Labs of Cuyahoga Falls, said about one-third of his business comes from the government sector.

“We do all of the drug testing for Summit county courts and Portage county, and we are starting to support Stark county. We have options within the drug testing arena — first is urine, which will go back about five days into their history (with marijuana being the exception). The second form of testing is hair testing, where we snip about 100 locks of hair. That goes back 90 days. Fingernail clippings go back about six months and toenail clippings go back into nine months of history,” Graham said.

Graham said the court always wants to have the longest look-back period as possible. “What they are looking for in chronic usage,” he added.

ARCpoint Labs was kind enough to invite us in and talk to us about how the process of drug testing works.

“Anytime we do a drug test, through urine, hair, etc., the donor comes in and either has a document from their employer requesting that we provide a test, and/or we have a court order document from one of the four courts. They come in and provide a photo ID so we have confirm their identity, and then we take them into one of the labs here at the office and we fill out what’s called a “chain of custody”.

According to Graham, the chain of custody includes their name, date of birth, social security number, the desired service that we want, and the donor’s print and signed name at the bottom.

“We capture their birth date and their cell or home phone number. They are given a cup, and escorted to a bathroom that has nothing in it but a toilet, and they are instructed to provide a sample, without flushing the toilet. The water is blue, so they cannot take the cup and scoop out of it. The first thing that we do is check the temperature of the sample and make sure it is between 90 and 100 degrees.”

Graham said he sees donors attempt to provide false samples a couple times a week on average.

“They will bring someone else’s urine, for example and place it inside their clothing and when they pour the sample in the cup and present it to you, it’s impossible the urine would be tested at the correct heat.”

He said donors have attempted bringing in another’s urine sample in a variety of different ways. “They are very creative,” he laughed. “They will try to use hand warmers and apply the bag to the baggie and place both of those items under their garments. So now the temperature comes out at 110-115 degrees. You are really sick at about 104 degrees. At 110, you could just be dead.”

If samples have been adulterated and/or failed, the court or the employer will then be immediately informed and take further action.

As far as taxpayers, the legislation does not use any funds to support drug use.

Sponsors of the bill said the “legislation ensures that taxpayer money isn’t supporting drug habits. Those who test positive for drugs would be connected to treatment options,” according to a Fox News article.

Regarding the bill, Graham said he is neutral.

“I kind of sit on both sides of the fence.” From the perspective of the government giving people money, he believes they should have the right under some conditions to control the regulation of who gets assistance and who does not.

“On the flipside, is the marijuana issue. I think it will be legalized probably in the next election,” he said. “I think that’s one substance that is not as harmful and more common.”

“I had a brother-in-law pass away last year at 62 of cancer, and it would have been so nice if we could have had medical marijuana, because he was in so much pain. So I am sympathetic towards that,” -Graham

Thirteen states have already passed legislation for mandatory drug testing in welfare applicants. In Ohio, the bill is currently under revision. An update has not yet been given on its status.

House Bill 298 fiscal notes, via the Ohio Legislature
House Bill 298 fiscal notes, via the Ohio Legislature

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