Post Accident Drug Testing

Tish

I work for a manufacturing company in the state of Minnesota. We are thinking of implementing a PADT policy. Our GM has a couple concerns about doing so.

Do we have to offer them the opportunity of taking treatment - holding their jobs, or can we terminate. This seems like a really grey area for me. I understand FMLA, ADA etc. Could use some help on this.

I would really like to give the GM all the facts with the hope that he will go ahead with the testing. He just doesn't want to deal with user being able to be off work for a period of time, then having them come back and still possibly having to deal with the problem again down the road. Although I have explained that in the case they would be terminated.

Don D

It depends on whether your state law addresses drug testing. Most companies I'm familiar with have Drug/Alcohol/Drug Free Workplace policies that always, without fail, require post accident testing. And the same procedures apply that would apply if it were a post offer positive. Your policy may even address second chances and getting into programs, but that's up to you. This would have nothing to do with FMLA or ADA. Really, I think a company is foolish to not require PADT. Several behavior patterns change when the workforce realizes that will be required.

Nevada HR

The way I understand the law (at least here in NV) is that, while alcoholics or drug addicts may be in a protected class, breaking the rules regarding workplace drug or alcohol use is not protected and can be cause for termination if your policy so states.

LindaS

Agree with the other posters...

While alcoholism is covered under FMLA and ADA it must be diagnosed first and then your responsibility is to allow them the time off to get treatment. You are not required to make any exceptions regarding their reporting to work under the influence. The taking of illegal drugs is NOT covered under ADA or FMLA. As far as whether or not to offer treatment, that is up to you. Our company has an EAP that a person who tests positive either post accident or reasonable suspicion is mandatorily referred to if they want to maintain their job. The employee then must follow whatever recommended treatment plan and be subjected to random testing for up to one year. This is a one-time option only, any subsequent positive tests would result in termination.

One other thing, your worker's comp. rates may go down if you have a post-accident testing policy in place. I know this is something that was asked by ALL the companies that bid on our insurance recently.

flaroyale

The company I work for does Post Accident Drug Testing, and if an employee's test returns positive the employee has the option of being randomly tested bi-weekly at their own expense for 6 months for continued employement or immediate termination. If they want to go to a rehab program it is at their expense and on their own time. No promise of holding a position for them.

Sunny

We're in manufacturing and have a post-accident drug testing program as part of our overall substance abuse program. In Alabama, if you are found to be under the influence when the accident occurs, workers' compensation may not pay for the accident. I say "may" because in practice it depends on the type of drug used, the concentration, etc. Also, our carrier gives us a discount for this program. You can check your state law and with your carrier and see what advantages the testing will bring you.

Do you have a drug & alcohol program at all? If not, I suggest you get one. You can tell your GM that not having a program means your company ends up with the users rejected by those who do test.

Good luck.

durasupreme

We're also a manufacturing facility in MN. We put our Post-Accident policy in place 1/1/03. MN law is pretty specific in the er's and ee's rights. Do you have a copy? If not, you can get the information at [url]www.revisor.leg.state.mn.us/stats/181/953.html[/url]. Employers Association was able to provide me with a model policy for MN companies, as was our company's legal counsel. I would be happy to share information or tell you more about our experience if you'd like!

Tish

Durasupreme,

Thank you, I would appreciate any info you could pass my way. You can fax at 218-829-9964 or email [email]pmannie@keystone-auto.com[/email]

Thank you all for the info. It is great to know their are so many knowledgable people out their willing to help.