EE admits drug use

HRinGA

Sorry, this is long. Received a phone call from nightside manager about ee attendance problems. EE admits having marital problems, etc etc. Manager decides to help the ee out and tells him to take the week off to sort things out. Well, get a call today from manager b/c ee attendance is still sporadic. EE then calls manager at home to tell him he's back on drugs!! The ee was referred to our EAP program before this admission and the ee has stated he called them and made appt and that he is scheduled to go back next week.
This EE works in our mailroom facility and will sometimes drive a truck to a distribution center. Not a big rig, but a big moving-type truck. Mgr told ee he cannot drive truck now but now I'm wondering when do we ever let him drive?? Our drug policy states that ee's who violate policy are referred to the EAP or disciplined, including termination of employment.
So now what? I sense the ADA can come into play here, but only if he is actively seeking treatment? Any advise would be appreciated.
Oh, I almost forgot, we terminated someone yesterday for reporting to work intoxicated...AND bringing their drink of choice in with them in a water bottle!! When it rains, it pours.
Thanks.

deniseE

The termination situation is different in that the ee reported to work in that condition...and further proved it by having his drinks with him...so the termination in that case is easy.

With the other one, you have his admission, and attendance issues...but so far no issues of safty concerns. EAP seems to be the right course...and I agree that the ADA may come into play as well...is he eligible for FMLA? Maybe give him his 12 weeks to get together...if he returns and still has attendance issues, discipline on the behavior, not on the underlying problem.

Don D

I vote that you DO have safety concerns. If he operates equipment at all, especially driving anything, he is a serious safety risk to your company. He is not ADA protected unless he completes a program. Simply admitting drug use and having an appointment with the EAP does not equal ADA. I would suspend him. I would also send him for a drug screen if you bring him back and then retest him frequently.

Your policy seems to allow either termination OR EAP referral, rather than function as a safety net for the employee. So, you might want to go ahead and terminate based on his admission and the fact that his job requires driving. If that's your decision, tell him he can reapply after treatment but conditioned on repeated randoms for a year.

Balloonman

I have had a bunch of this type of crap lately. Did you sit down when you refrred him to EAP and have him sign a last chance agreement? Never to late. Make random testing part of the agreement plus whatever the people at the EAP recommend.
The admission is aftr the EAP referral, I would do as Don says, suspend, madate EAP usage, and see where things go from there.
My $0.02 worth!
DJ The Balloonman

HRinGA

When he called HR for the # to EAP, my asst didn't ask questions, she just gave the number. I like the idea of last chance agreement. How would you word something like that? And how long to suspend? He is scheduled to work this weekend. Now, the mgr has told him he must report to work. So if he no-call, no-shows again, I will terminate based on that.
Thanks for the input!

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 06-04-04 AT 04:04PM (CST)[/font][br][br]Regarding suspension and him working this weekend, I would not let him work at all. I would suspend him pending the outcome of this whole situation. If he injures himself or someone else while management had knowledge of his admission of current illegal drug use, you will be buying a heap of financial liability. If on the other hand you guys do want to terminate, tell him that you cannot continue with him given his admission of current usage since his job requires safety sensitive duties.

(edit) Your assistant did right. We should never inquire as to why an employee wants the EAP number.

Leslie

[font size="1" color="#FF0000"]LAST EDITED ON 06-04-04 AT 05:15PM (CST)[/font][br][br]When we had a two step program, admission of drug use was treated the same as a first positive - signature on the acknowledgement, suspension, mandated EAP meetings, and a clean RTW test within 30 days (at which time they could come back to work even if they had only been suspended a few days). If they make these requirements, than they had a year of monthly random testing. About 50/50 of those who made it and those who didn't. I can email you some of the verbiage if you like.

Balloonman

So what did you decide? What happened?
My $0.02 worth!
DJ The Balloonman

HRinGA

We did not allow him to work this weekend and am meeting with him this afternoon. I called the EAP for some additional guidance, but here's the rundown. We are giving him his "last chance". Our EAP has a form we can use which states we are administering a mandatory referral. His signature authorizes them to let us know if he is keeping his appts. (no treatment info) He will have to pass his drug screen before he returns to work. If he does RTW, he will undergo random tests for the next 6-12 months (haven't decided yet). If he fails to keep his appts, or fails his test, he will be term'd. EAP did confirm he made contact with them last week and he called me bright & early this morning. Hope he shows this afternoon. Our conversation this morning indicated he wanted to come to work and straighten things out.
Why do people turn to drugs??? I hope he sees this hasn't improved his situation at all.
Thank you all for your input. I hope to use the forum more often.

Don D

Most people who hit rock bottom don't find themselves with a safety net. I think he probably realizes today he's one of the lucky ones who has both a good chance at getting help and also a probable place to work once he finishes the first step of a long journey.