Enforcing Drug & Alcohol Policies/Screening

rsclark

Can an employer require an employee to seek treatment outside of work for a chemical addiction as a stipulation to maintain their employment?

- Attending meetings (NA or AA)
- Drug Screening
- Final warning for excessive absenteeism

Please help!

mushroomHR

If one of our employees tests positive for an illegal substance as the result of a random drug test, in order for them to keep their job they must attend treatment. We have them sign a form which states they will attend treatment and a follow-up program such as alcoholics anonymous. Our agreement is for a two-year period and if an employee tests positive for an illegal substance during that two year period, they are terminated. For a voluntary admittance of substance abuse, we also have them sign an agreement that they will seek treatment. Failure to seek treatment will result in termination of their employment.

Some people who test positive during a random drug test don't always seek treatment nor do some employees stay clean afterwords. Employees who have voluntarily admitted to using have sought treatment and have stayed clean afterwords.

Our employees go for treatment on their own time--after hours. This plan was put into effect at the suggestion of our attorneys and it has worked very well for our company.

rsclark

what type of document do you have them sign if it is a self admission of illegal drug use?

dchr9203

Yes.

Balloonman

A last chance agreement, outlining what they must do to keep their job. Pretty stringent, will email one to you that I have been using.
My $0.02 worth!
DJ The Balloonman