Terminating for Failed Drug Test

System · February 2007

This seems like a no brain situation, but want to ensure that we are protected in our actions. We are a trucking company that hauls hazardous chemicals. Yesterday, I received notice that one of my drivers failed a random drug test.

I shut him down at the closest truck stop, have flown another driver in to take over his load, and am putting him on a bus home today.

I have not fired him yet, but this is the intention. I have tried to do a little research on this type of termination. We have zero tolerance for drug or alcohol use in our trucks. This is stated in our handbook.

My question, does anyone see an issue with not offering rehabilitation? Your immediate input is greatly appreciated!

ACU Frank · February 2007

Typically, rehab is offered as an option to an employee that self-reports the problem... generally through the EAP.

In other words, if you come forward, we can help. If we catch you red-handed, it's over.

I think the DOT regs would add some weight to the need for termination, as well.

ray a · February 2007

Our policy is the same as what ACU Frank says. An ee voluntarily comes forward, our insurance pays for rehab and their job is secure. If we catch them in a random drug screen, they are immediately terminated with the possibility of rehhire after they go through rehab at their own expense.

C Wilson · February 2007

Terminate! Follow your zero tolerance policy. I can see more of an issue if you allowed this person to go through a rehab program. You dilute your zero tolerance policy and open the company up to law suites if he uses again and has an accident.

Open1 · February 2007

I'm assuming this is a DOT regulated test reviewed by an MRO, but I agree to the immediate termination. He should have COBRA if he chooses to go to rehab.

jade4868 · February 2007

Make sure that you do the confirmatory test on the original drug test.

SMace · February 2007

Can you explain what you mean by that?

HR In NH · February 2007

I'm sure he or she meant that generally there is a split specimen taken (two samples kept separately), so a positive test can be reconfirmed with the 2nd sample...just in case an error was made. However, I've yet to see a positive result be reversed.

rlk · February 2007

We have actually had this happen. In a random test one of our employees tested positive but it was right at the lowest number for a positive test. Any test that comes back positive the first time is sent to a different lab for a different kind of retest. When his came back it was negative. This has only happened once.

E Wart · February 2007

Follow your policy. If it is no tolerance (and especailly when out on the road), then no tolerance is no tolernce. Make sure there are 2 "employers" in the room when he is dismissed. You violated company policy and it is immediate dismissal. (Now, the only question I have is why was he tested to begin with? Was this within policy?)
The conformity test is normally alway/automatically done whenever there is a non-negative results. You can ask your testing provider about this. If employee wants to pay to have the original speciman tested a 3rd time, they could.
I don't know of any states that would require rehab offered in a situation like this.
E Wart

System · February 2007

We terminated. We flew another driver out to Nevada to take over our truck. We told the driver that he was required to stop at the closest truck stop. Like most companies, ours has a grapevine between the drivers and this driver actually had told others he knew he was going to fail the test when he was given the random.

Our stand is what must make the roads as safe for our drivers and everyone else traveling so we terminated. Thanks for the input!

LarryC · February 2007

I agree with the advice given, provided your state has no laws prohibiting a zero tolerance policy, which is the case here in the Land of 10,000 Treatment Centers.

Open1 · February 2007

Off topic, Larry, you must live in the land of "10,000 what-ever-comes-handy-for-employees!"

Geez, and I was concerned about CA who now have their very own state-specific PHR/SPRH designations. EEEEK! Divide employers and conquer...

LarryC · February 2007

Good point, Maria. We have become the ultimate blue state.

ACU Frank · February 2007

Or a red state in which the treatment center PAC is rolling in cash...

Terminating for Failed Drug Test

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