As one of the largest grocery retailers in the United States, Kroger has a significant responsibility to maintain a safe and trustworthy workforce. One way the company aims to achieve this goal is through its comprehensive drug testing policy, which covers both job applicants and current employees.
In this in-depth article, we‘ll take a closer look at Kroger‘s approach to drug testing, including when and how it‘s conducted, the substances tested for, and the consequences of a failed test. We‘ll also explore the broader context of workplace drug testing in the retail industry and offer insights from legal and HR experts on best practices and emerging trends.
Types of Drug Tests Used by Kroger
Kroger uses several different methods to screen employees and applicants for drugs, each with its own advantages and limitations. The most common types of drug tests used by Kroger include:
Urine Tests
Urine testing is the most widely used form of drug screening in the workplace, and it‘s Kroger‘s preferred method for pre-employment testing. A urine test can detect a wide range of substances, including marijuana, cocaine, opiates, and amphetamines, for several days to several weeks after use.
However, urine tests can be vulnerable to tampering or substitution, and they don‘t necessarily indicate current impairment, only recent drug use.
Saliva Tests
Saliva or oral fluid testing is becoming more popular among employers due to its ease of administration and quick results. Kroger may use saliva tests for reasonable suspicion or post-accident testing, as they can detect drug use within the past 24-48 hours.
However, saliva tests have a shorter detection window than urine tests and may not pick up on less recent drug use.
Hair Tests
Hair testing is sometimes used by employers for pre-employment or random drug screening, as it can detect drug use for up to 90 days prior to the test. Kroger may use hair testing in certain situations where a longer detection window is desired.
However, hair tests are more expensive than other methods and may not detect very recent drug use. They can also be biased against certain hair types and colors.
Breathalyzer Tests
Breathalyzer or alcohol tests are used to detect current alcohol impairment, as opposed to past use. Kroger may use breathalyzer tests in post-accident or reasonable suspicion situations to determine if an employee is under the influence of alcohol on the job.
Substances Tested For
Kroger‘s standard drug testing panel screens for five key substances:
- Marijuana (THC)
- Cocaine
- Opiates (codeine, morphine, heroin)
- Amphetamines (methamphetamine, ecstasy)
- Phencyclidine (PCP)
Some Kroger locations may use an expanded panel that also includes:
- Barbiturates
- Benzodiazepines
- Methadone
- Propoxyphene
According to a survey by the Society for Human Resource Management, these substances are among the most commonly tested for by employers, with marijuana, cocaine, and opiates being the top three.
Prevalence of Drug Testing in Retail
Kroger is far from alone in its use of drug testing among retail employers. A 2018 survey by the National Retail Federation found that:
- 62% of retailers conduct pre-employment drug screening for at least some positions
- 39% conduct random drug testing of current employees
- 28% conduct reasonable suspicion testing based on observed behavior or appearance
- 25% conduct post-accident testing after a workplace safety incident
These numbers suggest that drug testing is a common practice in the retail industry, particularly for larger employers like Kroger. However, the same survey also found that many retailers are reevaluating their drug testing policies in light of changing marijuana laws and shifting societal attitudes.
Costs and Benefits of Drug Testing for Employers
Implementing a drug testing program can be a significant investment for an employer like Kroger. According to the U.S. Chamber of Commerce, the average cost of a drug test is $30-$50 per person, not including the administrative costs of managing the program.
So why do employers like Kroger choose to incur these costs? The primary rationale is that drug testing can help create a safer and more productive workplace by deterring drug use and identifying impaired employees before an accident or incident occurs.
Studies have shown that workplace drug testing can be effective in reducing on-the-job accidents and injuries. For example, a study by the National Institute on Drug Abuse found that the implementation of random drug testing in the construction industry resulted in a 51% decrease in injury incident rates within two years.
Drug testing can also help employers avoid the costs associated with drug-related absenteeism, turnover, and healthcare claims. The National Safety Council estimates that substance abuse costs U.S. employers over $81 billion annually in lost productivity, healthcare expenses, and other costs.
However, critics argue that the benefits of drug testing are often overstated and that the practice can have unintended negative consequences. For example, a 2014 study by the ACLU found that workplace drug testing can deter qualified job candidates from applying and lead to the disproportionate exclusion of racial minorities.
There are also concerns about the accuracy and fairness of drug testing methods. False positive results can occur due to factors like prescription drug use, food choices, or exposure to second-hand marijuana smoke. This can lead to the unfair termination or rejection of employees who are not actually impaired on the job.
Legality and Best Practices for Workplace Drug Testing
Despite the controversies surrounding drug testing, the practice is generally legal under federal law for private employers like Kroger. However, some states have specific laws that restrict when and how drug testing can be conducted.
For example, some states require employers to have a written drug testing policy that is shared with employees, while others mandate that positive test results be confirmed by a certified laboratory before any adverse action is taken.
In all cases, employers must ensure that their drug testing practices are non-discriminatory and consistently applied to all employees. Singling out certain groups or individuals for testing can lead to claims of unlawful discrimination.
Legal experts advise employers to work with experienced attorneys and drug testing providers to develop a clear, comprehensive drug testing policy that complies with all applicable laws and best practices. This includes:
- Having a written policy that specifies when, how, and for what reasons drug testing will be conducted
- Providing advance notice of the policy to all employees and job applicants
- Using only certified laboratories and qualified collection personnel to conduct tests
- Ensuring the confidentiality of test results and medical information
- Offering an opportunity for employees to explain positive results before any disciplinary action is taken
- Considering alternative approaches, such as impairment testing or employee assistance programs, in addition to traditional drug screening
Impact of Marijuana Legalization on Retail Drug Testing
One of the biggest challenges for employers like Kroger in recent years has been the rapid expansion of marijuana legalization at the state level. As of 2023, 37 states have legalized medical marijuana, and 18 states plus Washington, D.C. have legalized recreational marijuana for adult use.
This trend has put many employers in a difficult position, as they seek to balance their drug-free workplace policies with the changing legal landscape and shifting societal attitudes towards marijuana use.
Some retailers, such as Amazon and Target, have recently announced that they will no longer include marijuana in their pre-employment drug screenings, except for positions regulated by the Department of Transportation. This shift reflects a growing recognition that off-duty marijuana use may not necessarily impact an employee‘s ability to perform their job safely and effectively.
However, Kroger has so far maintained its policy of screening for marijuana and terminating employees who test positive, regardless of the legal status of the drug in their state. This strict stance may be based on concerns about the lingering effects of marijuana use on cognitive abilities and motor skills, which could pose risks in a retail environment.
As more states legalize marijuana and public opinion continues to evolve, it remains to be seen whether Kroger and other retailers will update their drug testing policies accordingly. Some experts predict that marijuana testing will become less common in the coming years, while others caution that employers will still want to maintain some level of screening to ensure safety and compliance with federal regulations.
Effectiveness of Workplace Drug Testing Programs
Given the significant resources that employers like Kroger invest in drug testing, it‘s important to consider the overall effectiveness of these programs in achieving their intended goals of reducing drug use and improving safety and productivity.
Research on the impact of workplace drug testing has produced mixed results. A 2010 review of studies by the Canadian Human Rights Commission found that:
- Pre-employment drug testing has not been shown to predict future workplace performance or safety incidents
- Random drug testing has only a small deterrent effect on employee drug use, and may actually discourage employees from seeking help for substance abuse issues
- Post-incident testing is more effective at identifying employees with substance abuse problems, but only after an accident or safety violation has already occurred
Other studies have suggested that alternative approaches, such as comprehensive drug education and prevention programs, may be more effective than testing alone in reducing workplace substance abuse.
A 2016 report by the National Safety Council recommended that employers focus on identifying and addressing impairment, rather than just the presence of drugs, through methods like behavioral observation, performance testing, and fitness-for-duty evaluations.
Balancing Safety and Privacy in Kroger‘s Drug Testing Policy
Ultimately, Kroger‘s drug testing policy reflects a difficult balancing act between the company‘s need to ensure a safe and trustworthy workforce and its employees‘ right to privacy and individual autonomy.
On one hand, Kroger has a legitimate interest in preventing drug-related accidents, theft, and other misconduct that could harm customers, employees, and the company‘s reputation. Drug testing can be an effective tool for identifying and deterring substance abuse problems before they lead to more serious consequences.
On the other hand, critics argue that drug testing represents an unwarranted intrusion into employees‘ personal lives and bodily autonomy, particularly for off-duty conduct that doesn‘t necessarily impact job performance. There are also concerns about the accuracy and fairness of drug testing methods, which can sometimes produce false positives or disproportionately impact certain groups.
As a retail and consumer expert, my view is that Kroger and other employers should strive to find a middle ground that prioritizes safety and accountability while also respecting employee privacy and autonomy. This could involve a more individualized approach to drug testing that takes into account an employee‘s specific job duties, performance history, and personal circumstances.
For example, rather than blanket pre-employment testing for all positions, Kroger could limit testing to safety-sensitive roles or those with high levels of customer interaction. The company could also offer employees who test positive the opportunity to participate in a rehabilitation program and maintain their employment under a "last chance" agreement.
At the same time, Kroger should continue to invest in comprehensive drug education and prevention programs that go beyond just testing and discipline. This could include providing employees with resources and support for substance abuse treatment, as well as promoting a workplace culture that encourages open communication and proactive problem-solving around drug issues.
Conclusion
Kroger‘s drug testing policy is a complex and sometimes controversial issue that reflects the challenges and trade-offs facing many retail employers today. While drug testing can be an effective tool for promoting safety and deterring substance abuse, it also raises concerns about privacy, fairness, and the changing legal landscape around marijuana use.
As Kroger and other retailers navigate these issues, it‘s important to stay informed about the latest research, best practices, and legal developments in drug testing. By taking a thoughtful and individualized approach that balances safety and trust with employee privacy and autonomy, Kroger can create a drug testing policy that is both effective and ethical.
Ultimately, the goal should be to create a workplace culture that prioritizes the health, well-being, and dignity of all employees, while also maintaining the highest standards of safety and integrity for customers and the community at large. With the right mix of policies, programs, and values, Kroger can be a leader in this effort and a model for other retailers to follow.
