Late Pre-employment Drug Screens

System

We do pre-employment drug screens. Because of the time it takes to schedule the appointment and get the results back (approximately 1 week) at one of our locations in Iowa, the plant manager wants to hire the employee before he has been in for a drug screen.
Is it legal then, if the drug screen comes back positive 1 week after they start, to terminate their employment for this reason? Our handbook does say all employees are "at-will" employees and "as a condition of employment, the company will maintain post-offer, pre-employment drug screening practices."

Balloonman

I cannot recall the details but I do remember that Iowa was a pain in the butt with drug screens. You might want to look into it as they are a hassle. You might look into an occupational clinic where they can walk in and do them. Negatives are usually reported the next day.
My $0.02 worth.
DJ The Balloonman

HR in CA

Are you job offers made contigent upon the passing a drug test? We were advised years ago to make the offer contigent upon satisfactory results. I have termed many employees during their first few weeks for failing a drug test.

Beckie

Pork

SARA: First I recommend you seperate out the type of drug screen done; there is a DOT level ($45.00 per test) of doing drug screens for Commerical 18 wheel A and B drivers, this one takes a week and our policy allows them to be enrolled pending a "Negative Result". Then there is the basic test/screen done in the same lab for $25.00 which provides an immediate read out of negative or positive or tampered condition (body temp or water, vinegar, etc.). I can call the clinic, doctor's office, and the lab tech can tell me within 15 minutes to continue processing or she says, Sir, this sample must go to the lab for further anaylsis. This means a positive has been found, and we immediately suspend the candidate or the employee depending on the individual case. I have done both. At this time I explain our appeal process which they have 24 hours to make up their mind to appeal. The appeal must be supported with a "Negative Result" from a more sensitive test of "Hair" or "Blood" samples; these are very costly, but that is there choice. No x-employee or candidate has ever taken the opportunity to appeal.

Secondly,if your policy is properly designed and followed you can execute it, accordingly. Do not worry about whether you can put someone to work and then terminate your "Employer/Employee" relationship, if your policy says you can then do it. We have 18 locations and often it is the case that a candidate will be put to work before HR can get the individual enrolled. This morning I enrolled a person who had worked since 8/18/2003, a period of 9 days. We found out we had a new employee up North on Monday morning of this week. Communications simply fell through the crack, but the operations continued inspite of HR being out of the loop until payroll became involved when hours were turned in for a person not in the system. Guess what, we got the individual in the system and his paycheck for last week goes in the mail in a couple of hours, today. He will have his drug test done by appointment 1:00 PM Thursday. If it is positive, guess what I'll suspend him from work until the results are back from the lab. If it is Negative he'll continue to work and operations/production will be none the wiser.

The suspension allows for considerable flexibility to do things right the first time, even when HR has to play catch-up and fix what is already dangerously close to being broken.

If you will provide me with your e-mail address I'll zip you a copy of my "Attorney Dawg" reviewed and tested under legal situations and with stood the attack from the complaining party attorney. I have not lost any cases using this policy.

Have a nice evening and a Blessed one at that!

PORK

E Wart

Pork, please send me a copy of your Attorney Dawg (Does this mean the attorney attended the University of GA?) I have just rewritten our drug policy (which covers 8 states and 16 pages.) Most of it we are doing already, but just getting the procedure down.
One thing I have found that works for us is the rapid tests (which you refer to) and I have the protecal set up at each of the testing sites to have the results sent to me, not the local plant. This way I can protect the information as well as know when someone is about to be hired.
Just an idea.

Sara, what Pork is talking about is the rapid test. It takes about 15 minutes for the testing site to execute and costs $25 and is a 4 or 5 panel drug screen. We have found it quite useful so far.

E Wart

Balloonman

Don do you have wording regarding the consumption of alcohol at company functions? Or does anybody. I am rewriting my Drug and Alcohol policy and have it almost complete (Thank you Margaret!). The one issue I need to adjust with the policy provided to me is authorized alcohol at company functions or when the owners are entertaining clients..............HELP!
My $0.02 worth.
DJ The Balloonman

email is [email]kcballoonman@yahoo.com[/email]

WOCO Frank

We have a firm policy - no one goes on the clock without a negative drug test. Regardless of the written policy, I had to term 32 people in 2002 who worked as long as 8 days before they were tested.

In our more remote locations, where a lab is not nearby, we use oral drug screens. They only pick up more recent drug use (24-72 hours), but they're cheap and fast.

Nat

To answer your question, I think it depends on how your D & A policy is written regarding pre-employment drug tests. As long as your policy states that offers of employment are contingent on negative drug test and the employee acknowledges understanding of this (i.e. a written, signed acknowledgement), you should be O.K. terming after the test comes back. I personally find this awkward but have had to do it in certain circumstances. If you let them begin working before you get results, I think you put the company somewhat at risk, (i.e. injuries, etc.). Our policy states that employees will not be allowed to report to work before we receive the results of their drug test. I would try to find a lab that will get reports back sooner. We use LabCorp (don't know if you them in Iowa) and have a 24 hour turn-around time on ours. If the employee goes to the lab by 4:30 pm one day we have the results the next day (including weekends).

I've told this story on the forum before but I had a manager one time who begged me to start an employee before her results were back because "she is a grandmother". I didn't let her start, as per our policy. Well, Granny tested positive for marijuana and tried to tell me it must have been one of those "Asthma Cigarettes" that her grandchildren gave her. Yeah! Right!:~~

LeeR

I think the question here is post-offer, pre-employment. Once the ee begins work it is no longer pre-employment and now you have violated your own policy.

szemcumo

We also do pre-em DT's. No one gets in the door without a negative result. Lately we have had every meth and pot head in the county apply so we have gone to a "you pay for it" up front policy, if it comes back negative we will reimburse you at the end of your first week, if it comes back positive..you just bought yourself a DT. So far everyone willing to pay up front has passed. This has saved myself and my managers time not having to interview people who won't pass and had cost us time interviewing and money on the bad test. We are pretty lucky the lab we use gets results back in 2 days, positives may take 3-4. We also do criminal, WC and verification of SS#'s, all offers are contingent on results meeting our standards and are said so up front.I wait til I get the DT back before processing other checks. This takes about a week total before I can start someone. By the way, don't respond here often but do visit everyday....this forum is a god send (oops) for us new kids, wouldn't want to be without it. Thanks to all and your valuable info.
Sandie