Reasonable cause drug testing
Cresta Jackson
1 Post
We sent an employee for a reasonable suspicion drug test. The clinic told me they would contact the employee first with the results. In Utah, what is the correct protocol/process for drug result notification? (Is there a law that states it needs to be done one certain way, or is it at the discretion of the clinic?) Notifying the employee FIRST seems strange.
Also, what guidance do you have for an employer if they do a reasonable suspcion drug test on an employee and the results are negative? (We do have an alcohol/drug policy currently in place.)
Are there any reading materials or resources you would recommend on this topic?
Also, what guidance do you have for an employer if they do a reasonable suspcion drug test on an employee and the results are negative? (We do have an alcohol/drug policy currently in place.)
Are there any reading materials or resources you would recommend on this topic?
Comments
After they have spoken to the employee, then you will get the call from the MRO confirming that they spoke to the employee and there was either a positive for XYZ or negative. Then its your turn to handle the issue as per your policy.
If they are negative (and I have had reasonable cause tests that came back negative), I advise you to have the employee come see you when they first report back to work. It's a good time to clarify with them the Drug Testing/Drug Free workplace policy that you have, make sure they understand why they were sent for the test, etc etc. Turn it into an opportunity to educate the employee on the policy once again. He will want to be assured that he will not receive any discriminatory treatment based on this incident. Make sure the other managers who are aware of this do not let it turn into a gossip fest.
[b]UT TITLE 34 CHAPTER 38 Drug and Alcohol Testing[/b]
In scanning through the sections of the law, I didn't see anything directly related to whom the drug testing agency should contact first with the results - it does seem odd to contact the employee first if the employer is paying for the test. You might want to look through the law in more depth to answer your questions.
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[url]www.hrhero.com/lc/regs/stat/505135.htm[/url]
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Our policy also requires the MRO to contact the applicant/employee first when he/she has tested positive. This is for the same reasons already noted, to ascertain if there is a legal reason for the individual to have tested positive. Our managers must also have approval from the MRO on reasonable cause testing. We feel this helps limit potential liability since some of our managers might not use their best judgment.