MN Drug Testing - Second Chance

Myrna Minkoff · January 2007

We have had our first situation in Minnesota where an employee has tested positive on a drug screen. I know that we must offer the employee an opportunity to participate in rehabiliation or counseling. How do other employers handle this?

My thought is that we require the employee to have an assessment completed by a qualified professional and then require the employee to prepare a proposed counseling/rehab plan. Failure to timely submit a proposed plan would be grounds for termination. Does MN law allow the employer to shift the burden of preparing a plan to the employee? We would provide the employee with documentation outlining the minimum requirements of any plan that would be acceptable. Other than periodic testing, any thought on what should be included in such a plan?

Any advice would be greatly appreciated.

LarryC · January 2007

Myrna, our policy requires the employee to set an appointment for an assessment by a qualified treatment center within 3 days. The treatment center will lay out the plan whether it be no treatment needed, in-patient treatment, or out-patient treatment. The expense for all this is borne by the employee. Some health plans may cover it also. We then require the employee to follow all recommendations of the counceling clinic and after that must pass our drug screen to return to work.

Hope this helps.

System · January 2007

EAP might cover limited treatment - yes?

James Sokolowski
HRhero.com

Myrna Minkoff · January 2007

We currently do not provide an EAP program for employees in MN unless the EE opts to participate in the ER-sponsored health plan, which this EE did not do. As a result, we don't have the benefit of EAP in this case.

ritamcguire · January 2007

I may be exposing my ignorance, but is there some legal requirement to grant a second chance for employees that fail a drug screen? We terminate any employee that tests positive for an illegal drug, on or off the job, i.e., if you're busted downtown our stated policy is that you're also terminated. This applies to both use and possesion. Am I missing something or is this something unique to certain states? We are a GA based company.

LarryC · January 2007

It is something unique to certain states. Here in the Land of 10,000 Ways In Which To Be Unique, we are, of course, one of them.

Myrna Minkoff · January 2007

Larry, thanks for your help. Are you aware of any states other than MN with such a requirement? I know that some states limit what type of testing we can perform (e.g., pre-employment, random, reasonable suspicion), but I am not aware of any other state with a "one free pass" law like MN. I hope that I haven't missed anything.

LarryC · January 2007

While not really familiar with other states, I do know that Minnesota limits random testing to "safety sensative positions" only. Again with our Elected Elite, they leave it up to us to interpret what that means. Also when someone does turn in a positive UA, jumps through all the hoops, and returns to work, they are subject to follow up testing at the discretion of the employer, but for a maximum of two years. After that you have to let up.

WT · January 2007

Aside from the rehab plan, I would sugget a last chance agreement. This agreement pins down the employee to an acknowledgement that if drug abuse happens again, termination will follow. It also mandates full participation in the rehab process. Worth its weight in gold if an when the offender falls off the wagon.

pork1 · January 2007

[font size="1" color="#FF0000"]LAST EDITED ON 01-15-07 AT 03:52PM (CST)[/font][br][br]Myrna: Terminate, as a result of our inability to get a more sensitive test accomplished like blood or hair particle, we have gone to a "NO APPEAL" from termination action. The professional nature of the drug testing in the medical field allows the opportunity to stand on the Medical Reviewing Officer's findings and terminate. If the X-ee wants to contest the results and our actions he/she is capable of taking the system including us to court and prove the MRO to be incorrect. He/She will not be able to do that because we have no collection agency in the area who is willing to collect and conduct detail chemical analysis without be paid up-front. We are certainly not going to the expense to prove the MRO is incorrect; therefore, we terminate any case that is positive for the use of illegal substance or prescribed drugs that are not written for the concerned individual!

Hey folks, it haws been awhile and I was able to come up for air in the last 30 minutes. My assistant is on-board but we are in a real learning situation and it will not relieve me of HR funtions that must be done, so I do it and that takes away from my HRhero allowed time for professional development and sustainment.

Pork otherwise known in these channels as Richard, the Ole "HOG" man!

Myrna Minkoff · January 2007

I wish that termination was an option in this situation, but based on MN law, we are required to provide the employee an opportunity to participate in rehabilitation. Fortunately, from the information provided by other members, it looks like we can make sure the rehabilitation attempt is substantive and not just a joke.

MN Drug Testing - Second Chance

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