Drug Screen Policy
Shari Turner
21 Posts
My organization is looking at implementing a drug screen policy.
If anyone has one they would like to share I would be most
appreciative. I also have a question...Can I do drug testing for suspicion?
If anyone has one they would like to share I would be most
appreciative. I also have a question...Can I do drug testing for suspicion?
Comments
When we go through the hiring process we show new hires the policies and procedures they have to follow from day one such as attendance policy, expected behavior and the drug policy. We have them sign a paper stating that they have read, reviewed with an HR representative, and understand these policies and agree to abide by them. We have the employee and the HR rep. sign the paper. We allow the employee three days to review the rest of the handbook and at that time we meet with them again, answer any questions and have them sign another paper stating the same as the first. This actually works better for us for two reasons. One, we have more questions than with the old method because they actually read the handbook rather than just skim through it in our office. Two, when they say they didn't understand the policy, we simply point out that they had ample time to read the handbook and two seperate occassions to ask for clarification. A little more than you asked for but if you do it this way you not only have a pretty much air tight drug policy but you will also have a paper stating that someone personally went through the policy with said employee and that he signed a paper stating that. What's the worst that could happen, you may have an employee who says they where too high that day to understand. Just a little humor.
and that employee comes back negative do they have any recourse for
discrimation action?
I have a drug testing policy that allows you to do every kind of testing, pre-employment, post accident, reasonable suspicion and random. I'll be glad to send you a copy if you will e-mail me. Whether you can do reasonable suspicion depends on your state law. My policy requires the permission of a senior level manager in order to avoid a successful claim of discrimination. The supervisor wishing to do the test must report at least two symptoms that make the supervisor believe that the employee should be tested.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
Margaret I would be interested in seeing your policy my e-mail is
[email]shari_85635@yahoo.com[/email] or fax 520-458-2988. I will check with DOL
my organization is in Arizona. LFernandes I do not belive the DOT
would apply to me we are a medical facility and do not do any
transportation.
There are specific signs that a trained supervisor would look for. Observations of employee behavior and appearance must be made made close to the time the decision to conduct a reasonable suspicion test. The supervisor cannot use observations made last week to require a test today. A reasonable suspicion test cannot be based on report or allegations by other people. The specific observations must be documented.
The supervisor must also make every effort to protect an employee's privacy. Holding an individual out to the public in a false light by disclosing erroneous information about the test results could violate an employee's right to privacy.
Supervisors often fear being sued because of their decision to conduct a reasonable suspicion drug test. Supervisors should remember that a decision to require an employee to submit to a reasonable suspicion drug test is not an accusation of illegal activity or an attempt to diagnose drug abuse or addiction. It is just a method for ruling out a possible cause or explanation for employee behavior or appearance that is a cause for concern.
You might also try talking to Substance Abuse Management Inc. They handle all our drug screen results. There telephone number is 1-800-247-7264. For a small fee, they were able to send us a supervisor training video and corresponding training booklets.
Good luck. Just be careful of any state laws that would come in to play. Double check with your attorney or the Department of Labor before putting your policy into play.
Good luck.
Arizona has terrific protection for employer's who choose to have drug testing programs. It allows for all types of drug testing. To make sure that your company is protected, link to the Arizona state labor laws (from this wonderful site), and ensure that the policy you are looking to implement is consistent with the law. It is really quite straightforward and is good peace of mind for employers concerned about getting sued.
Good luck!
Do you have that web site address?
[ul]
[li]Go to the home page: [url]www.HRhero.com[/url]
[li]Click Subscriber Login in the upper right corner
[li]Enter your HRhero.com username and password (probably NOT the same as your forum login - call us at 800/274-6774 if you aren't sure what your HRhero.com login is)
[li]Scroll down to Statutes & Regulations
[li]Follow these links: Arizona Laws / ARIZONA TITLE 23--LABOR / AZ Title 23 Chapter 2 Employment Practices and Working Conditions / AZ Title 23 Chapter 2 Article 14. Drug Testing of Employees
Hope this helps!
Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]
P.S. If you aren't a subscriber to our state-specific Employment Law Letters, more info at [url]www.hrhero.com/empnl.shtml[/url]
I do subscribe to Employment Law I am going there now!!