Positive drug test-in the wrong place at the wrong time
cwh
5 Posts
One of our top employees was injured and drug tested per our post injury/accident drug policy. He swears it is secondhand. He's never had so much as a blemish on his record. I am leaning toward having him tested regularly for a period of time as a condition of continued employment. We consider the circumstances surrounding every positive test. Thoughts?
Comments
I have managed drug testing programs for almost 10 years, and I can only echo Don's statement...second hand my a**. When I look at the number of people who have denied use (practically all out of a couple hundred) to the number of people who actually came out clean (three - two due to poppy seeds before the tests got more sophisticated and one due to a screw up in the chain of custody)it's hard not to be skeptical.
PORK
Honest occifer, I din't know the gun was loaded!!
Welcome to the forum, your top employee is a lying, drug using piece of crap. My condolences.
You have a couple of options based on your policy. If you policy calls for termination then terminate. If if gives you the option to let him get treatment and put on a last chance agreement then, and only then can you do that. Uhhhh jury, we have a strict drug policy.........unless you are our top employee....then we make exceptions. Think about what is going to happen when you fire the black guy who has been there 7 years when he tests positive.
If you can and or do a last chance, make it 3 or 5 years, testing up to 7 times a year. That way he knows he can't smoke right after being tested and figure he has a month to clean up.
But as long as he is saying it is secondhand smoke, he is lying, and I would not give him a second chance.
My $0.02 worth.
DJ The Balloonman
The board of officers voted to retain the airman.
My $0.02 worth.
DJ The Balloonman
My $0.02 worth.
DJ THE Balloonman
I once told a new hire that they didn't pass the drug test and referred them to the lab if he had questions. The employee said "oh, my brother smokes pot around me sometimes". His positive was for cocaine.
I've never heard the "they turned on the fan and the coke blew into my nose" story... It doesn't surprise me though. x:D
PORK
By the way - hi neighbor!
I second Don's notion...second hand smoke my ***.
PORK
>We consider the circumstances surrounding every
>positive test.
I believe the question was asked earlier but how do you consider circumstances? Either the ee tests positive or they don't. If they test positive, there are consequences and your company policy should be followed. One part of the policy should be that if an ee tests positive, the ee will be subject to testing on a random basis. I would never allow an ee who has tested positive (particularly after an accident) to return to work unless they agree to that in writing.
Chari
PORK
You are so right ! The Policy ( for what it is worth ) does state termination , but it is out of my hands. The owners generally do what they want regardless of what I say. The GM is supposed to arrange for the Harrassment Training mandated by the Worker's Comp carrier - the State Fund, but she has sat on it for months and nothing has been done. You are so right about the lawyers, a good one two years ago almost sank
this company in a lawsuit that did not even make it to trial - the fees and costs were crazy.
Chari
As a past President once said, "I feel your pain." My employer, like yours, want listen and does what they want. They have two favorite sayings, "Nobody is going to tell how to run my business." and "If we get into trouble we'll call your ass to get us out." Over the last 5 years we have gone through a number of DOL compliant audits and EEOC investigation, and so far we've been able to either work out of the compliant or negoiate the couple we lost down to small fines. It's a pain, but they pay me well, with added benefits. They like to say, "your on a special pay plan."
I told you that, so you may better understand this, I've been in HR since 1968, and I have found, over the years and working many different governmental investigations and employee lawsuits, that a company's like mine, is better off without written policies, except for governmentally mandated standards, and defending only the actions of the company, rather than explaining why we willfully violated our own written policies, having our own violations used against us, as well as having to defend the company's actions related to a given situation. Except for governmental mandated standards, I did away with all written policies, and wrote a very carefully controlled employee origination, communication and management training program. Thank god, there are few companies like mine, but in them you can still establish a reasonable standard of equality through your personal & professional interaction.
I agree that working for this type company is challenging, but it is a continuous learning experience and you always end up with a lot of interesting war stories. Hang in there.
PORK
The "second-hand" smoke reason has been expounded by many a prospective employee and we have not hired a one of them. The other excuse heard quite often is "I ate a poppyseed roll the day I had the drug test--that's what caused the positive screen." We haven't hired any of those people, either! As for current employees, there is no "wrong place at the wrong time" second chance "good employee" defense--our policy calls for termination, no matter what level job the employee holds.