What would you recommend?

JACHR1979

What are your recommendations in this situation?

 A construction company has a team of six on site technicians that install mechanical equipment.  One of the six recently quit complaining about being worked to much and that he had personality conflicts with his foreman.  He calls the office after he quits to inform them that 3 of the remaining technicians are abusing drugs and alcohol while on the job sites.  This of course would create a major safety hazard.  The company has no other indications that substance abuse while on the job is occuring.  There has been no noticable drop in productivity, safety, or customer satisfaction.  While not wanting to take a risk that this abuse is happening, the company wonders if this is the story of a gruntled ex-employee who is looking for ways to retailate against former co-workers.  The company does not have a random drug screen policy and is afraid that requiring the 3 technicians to take a drug screen would be seen as targeting.  On top of this, they are afraid that the drug screens will come back positive and that they will lose 3 technicians during the busiest time of the season.

My recommendation is this:  Even though they do not have a random drug screening policy (which should be drafted and enforced) they have reason to suspect possible substance abuse and are obligated to confirm or disprove the allegations.  I would send the three to take a drug test and fully document the reasons behind the request.  Do you guys agree?

 As for their concern that they will lose employees during a busy time, what do you recommend they do?

 

 

IT HR

You stated that you have no other suspicions of drug/alcohol abuse.  Here is what I think I would do.

1. Get a drug/alcohol policy put together and implemented.  Do you have a drug/alcohol policy at all (something that says no tolerance for being under the influence on the job)?  
2. Have the site supervisor and another supervisor make observations to see if there is any suspicion.  You have an ex-employee telling you these things.  Now they very well may be telling the truth but they could be false statements as well.  I don't know that you have enough evidence just based on someone telling you this. When are they supposedly doing this (on the job or off)?  Are they coming to the job under the influence (if so then by having your supervisors make an observation then hopefully they can see this)?  Why is this person just telling you these things now?
3. What state are you in?  I want to see what the law says about having to notify the employees in writing, in advance about random and suspicious drug screens.
4. If there is suspision then I would send them. Make sure someone takes them.  Don't let them drive themselves!  You have an obligation under OSHA for a safe workplace.  I think it is more of a risk knowing something is going on and not doing anything about it and an accident occurs (then OSHA does an investigation) then sending the employees for a test based on evidence that you have observed them being under the influence of something.  I would make sure that more than one supervisor has seen the evidence for themselves before sending them.
5. If they come up positive then I would terminate (if state law allows) based on a drug/alcohol policy (if you have just a no tolerance policy) or a code of conduct policy or a safety policy.