Requiring Drug testing after an accident, much advice needed
jamburg
1 Post
I have a seasonal employee that had a minor injury. Employee did not want to go to the doctor. When asked why... employee stated it was a minor injury and we were making a big deal out of it. Employee also stated that they did not want to go because they had "done drugs in the past". This was said in front of at least five witnesses. I gave employee paperwork to go to WC provider. It is our policy that anyone having an accident must go for treatment and have drug/alcohol testing. We have a no drug/alcohol use policy. The next day employee phoned me stating that he did not have to go see WC provider or have drug testing because he didn't sign our policy acknowledgement. He did receive the policy guide but neglected to sign, therefore we do not have a copy for his file). He stated to me that he would come in and sign our policy acknowledgement if we would let him work. We are not going to let him work until he goes to the WC provider and follows our accident policy. I need help in resolving this issue.
Comments
It doesn't matter whether he signed the policy acknowledgement form or not. He knew about the policy and is bound by that policy. I would give him 24 hours to go to the WC doctor and take the drug test. It's too late for the alcohol test but I would still ask him to do the drug test. If his drug use was truly in the past he has nothing to worry about.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
Anytime someone refuses to sign a policy acknowledgement, then you should sign the bottom of it, with a statement that says employee refused to sign this acknowledgement form. I also like to have a 2nd manager witness the document so that there are 2 people that witnessed the employee's refusal to sign.
I added a line to the bottom of my policy acknowledgements that says Refusing to sign this document does not exempt employee from this and all other company policies.
Check your state law on drug testing. I generally put it in the handbook because everyone signs a receipt for that.
A well crafted drug testing policy will specify that refusal to test as directed will count the same as positive drug screening report in addition to insubordination.