Possible Drug Use??

teewhy68 · July 2003

One of my supervisors recently received a phone call, from what appears to be a disgruntled ex, stating that one of our employees was actively using drugs. She left her name and two contact numbers.

We have a Drug Free Workplace and the policy is posted all over the building. He is not in a driving position, so I don't think we can pull him in for a random. Have any of you had this issue and if so hwo was it handled? Thanks in advance

Leslie · July 2003

My random would allow me to place the name on the list. Do you have reasonable suspicion?

teewhy68 · July 2003

>My random would allow me to place the name on the list. Do you have
>reasonable suspicion?

NO, we don't have resonable suspicion. Other than a couple of tardies he has been a good employee

ray a · July 2003

I agree with Leslie. When I have had reasonable suspicion, I have inserted the suspects into the random list. But, I also dealt with a vengeful ex-spouse who was just trying to get even. In that case, I had no reason to believe the ee was not clean, so I ignored the call.

SVHRAZ · July 2003

I agree with Ray-you have not said that you have a probable cause to screen him. In the other hand, what does your substance abuse policy state? Does it state that all employees are subject to random drug screeing? If that's the case than put him in your list to be safe-otherwise if you don't this "warning" could turn into a liability in the future-you know how it goes:)

My company does not have a random screening process, we only drug screen for pre-employment and probable cause. On rare occassion we've had employees accuse other employees of drug abuse and like yours it's a case where the accused employee is a good employee, hardly misses work, and supervisors are happy with their work.

Good Luck

lnelson · July 2003

We have a no tolerance policy if we hear of such an instance due to the fact that most of our ee's operate machinery. We would send ee's 5 at a time speratically for testing. Also anytime there is a work injury they are automatically tested. If you suspect someone send them along with others and continue the process so that it can not be said they were singled out.

It may be a costly process but, better to know and deal with it than to have an injury or worse because someone was on drugs while working and lacked the proper judgement.

Leslie · July 2003

If you've had no problems with the employe, and no reason to suspicion drug use, I'd let it be. If you start suspicioning, I'd insert to a random draw with others so as not to be singled out as said above.

RussJ · July 2003

I would not let a disgruntled ex tarnish one of my employees in my mind. If the employee is using, your random process, un-tinkered with, should address the problem.

Since the ex left you some phone numbers, call her back and ask for proof. Then, you will have reasonable cause or you will find out if this is the ex's way to penalize the employee.

HRanna · July 2003

Just a few things to keep in mind for drug testing.

A "random test" (as defined by DOT and most drug-free workplace policies) must be truly random -- you must have a randon method for selecting people. This usually means a computer program that spits out a list monthly of the employees to be sent. The list cannot be added to or amended, or it is no longer random.

A "reasonable cause" test is based on specific (albeit subjective)criteria. You must have specific, observable facts witnessed by a superior (behavior such as stumbling, glassy eyes, odor of alcohol, etc.). Heresay (such as you describe) is never grounds for a reasonable cause test. You may open yourself up to liability (for example, is the employee a member of a protected class who could claim you are unfairly targeting him?).

A phone call is best handled by ignoring it.

clarkbar · July 2003

I agree with HRanna. A random test should be just that--random. If you start putting employees into the "random" test you jeopardize the integrity of your testing and people can claim discrimination if they ever find out what you have done.

Possible Drug Use??

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