Drug Testing
HRQ
2,849 Posts
Just need to run my logic by you guys;
[b]History:[/b]
We only drug test based on suspicion.
In six years, we have tested one person, he ended up passing the drug test. He returned from break reeking of marijuana, as witnessed by two supervisors. He is african american.
Two other employees' erratic behavior caused suspicion, but we chose to address their beavior with progressive discipline. The two employees are caucasian.
[b]Current situation:[/b]
Both husband and wife are employees at one location. Wife tells supervisor that she is splitting up with husband, as he is using meth. Claims he used it long ago, and has resumed use. Wife's comments do not appear to be malicious.
Supervisor tells me the husband's behavior has not changed, nothing to cause suspicion other than what the wife has told the supervisor.
Supervisor asked husband how things are going since the separation, need help, anything we need to know? Husband responded no, everything's fine, keeping personal life out of work.
Husband occasionally has memory issues, is kind of "different" but long ago told his supervisor that he was shot in the head as a child and suffers memory loss from it. (We have no documentation of this)
Husband is a delivery driver for our catering company.
This employee is native american.
[b]Our handbook states:[/b]
Drug and Alcohol Free Workplace
It is the intent and obligation of (company) to provide a drug and alcohol free, healthy, safe and secure workplace. Each employee is expected and required to report to work on time and in an appropriate mental and physical condition for work.
(company) will not tolerate the unlawful manufacture, distribution, dispensation, possession or use of controlled substance or alcohol on (company) premises or while conducting (company) business elsewhere. Violations of this policy will result in disciplinary action up to and including termination.
All applicants for employment may be tested for use of controlled substances. Employees may be tested for controlled substances and/or alcohol under certain circumstance in accordance with (company) policy.
[b]My thoughts[/b]
Do not test. We have no real reason to suspect.
Am also concerned that we could be perceived as testing minorities for suspicion, but only dealing with caucasians using discipline.
Observe employee carefully, check in regularly, ask wife to please keep us updated on anything she feels is important. Thank her for choosing to share private details with us, for the benefit of the company.
[b] Any suggestions, arguments, etc.? I am not sure my opinion is the best one... [/b]
[b]History:[/b]
We only drug test based on suspicion.
In six years, we have tested one person, he ended up passing the drug test. He returned from break reeking of marijuana, as witnessed by two supervisors. He is african american.
Two other employees' erratic behavior caused suspicion, but we chose to address their beavior with progressive discipline. The two employees are caucasian.
[b]Current situation:[/b]
Both husband and wife are employees at one location. Wife tells supervisor that she is splitting up with husband, as he is using meth. Claims he used it long ago, and has resumed use. Wife's comments do not appear to be malicious.
Supervisor tells me the husband's behavior has not changed, nothing to cause suspicion other than what the wife has told the supervisor.
Supervisor asked husband how things are going since the separation, need help, anything we need to know? Husband responded no, everything's fine, keeping personal life out of work.
Husband occasionally has memory issues, is kind of "different" but long ago told his supervisor that he was shot in the head as a child and suffers memory loss from it. (We have no documentation of this)
Husband is a delivery driver for our catering company.
This employee is native american.
[b]Our handbook states:[/b]
Drug and Alcohol Free Workplace
It is the intent and obligation of (company) to provide a drug and alcohol free, healthy, safe and secure workplace. Each employee is expected and required to report to work on time and in an appropriate mental and physical condition for work.
(company) will not tolerate the unlawful manufacture, distribution, dispensation, possession or use of controlled substance or alcohol on (company) premises or while conducting (company) business elsewhere. Violations of this policy will result in disciplinary action up to and including termination.
All applicants for employment may be tested for use of controlled substances. Employees may be tested for controlled substances and/or alcohol under certain circumstance in accordance with (company) policy.
[b]My thoughts[/b]
Do not test. We have no real reason to suspect.
Am also concerned that we could be perceived as testing minorities for suspicion, but only dealing with caucasians using discipline.
Observe employee carefully, check in regularly, ask wife to please keep us updated on anything she feels is important. Thank her for choosing to share private details with us, for the benefit of the company.
[b] Any suggestions, arguments, etc.? I am not sure my opinion is the best one... [/b]
Comments
Good luck!
Nae
I agree with your opinion on this not to test - in the first incident, the "suspicion" you used was smelling marijuana on an employee. In the second incident, you didn't have any evidence of drugs (i.e., smelling something, seeing something), you had a behavioral issue which you dealt with using progressive discipline. IN this incident, once again you do not have "evidence" of drugs, just behavioral issues again. I would suggest sticking to your progressive discipline policy regarding behavioral issues.
It also may be a good idea to educate supervisors on recognizing signs of different drug use (alcohol, marijuana, amphetamines, etc) so that they can be aware of what signs may be harmful to an employees safety. There's a big difference between someone talking animatedly because they are scared/excited/mad and someone talking animatedly because they are hopped up. If your supervisors are trained on the signs of abuse, they can help you make the judgment calls of when to test.
Good luck and keep us posted!
If he does and he's clean then case closed. At least you can say that although I didn't feel this allegation sufficient to require the ee to take a drug test I did question him about it and felt satisfied that he was not using. I also advised his supervisor to observe him more closely for any indications that he may be using.
>circumstance in accordance with (company) policy.
Q,
What does your policy say? Reasonable Suspicion only? If so, you stated your answer.
>
>[b]My thoughts[/b]
>Do not test. We have no real reason to suspect.
You said the ee is a driver for your catering company. Is there any chance he falls under DOT regulations? If so, DOT is very specific about reasonable suspicion testing. The determination to test must be based on specific, contemporaneous, articulable observations conerning the appearance, behavior, speech or body odors of the driver. The observations shabll be made by a supervisor or company official who is trained in accordance wiht DOT regs. You can not test on the basis of "She said".
I would not test based on ex-wife comments but I would closely watch their behavior and if you have reason to suspect then test.
If his performance starts to slide, it is his supervisors's job to follow your company's policy, whether it is to provide discipline or send for a drug test.
Perhaps you could give them info on your EAP program, if one is available. Even though it is so common- divorce still is listed in the Top 5 of life's most stressful events.
I, too, would NOT ask the wife to provide personal info on the employee. Because the husband is not running around telling personal business, this does not imply guilt of any wrong doing on his part.
All My Best~
Here's my plan, thanks to all of you;
- do not drug test
- thank wife for letting us know, do not ask to keep us posted, though.
- advise ee that this was reported to us (without naming names) and ask for his side of the story. Advise him it is our duty to look in to any such reports.
- find training for supervisors, to help them recognize the signs of drug use/abuse
- in the meantime, advise supervisor to closely monitor employee's behaviors, contact me immediately if he sees any change. I will check in every week or two until we feel comfortable with the situation, or until we need to take additional action with the employee.
Joannie, we have no DOT requirements. Our delivery vans are regular passenger vans with no back seats.
If the wife told you because she was concerned or if she told you to get even with him doesn't matter. What is important is that he NOT know she said anything.
Q, you are on target when to have the supervisor closely monitor the guy's performance. If there is a performance problem then deal with it as your policy dictates.
Personally? I would make note of the complaint- date & time, note your investigation, (spoke with supervisor who said no troubles reported so far) note your decision to watch suspected ee, then keep in complaintant's file. I would tell complaintant that there was an investigation, and let it end there. You took her compaint serious, without affecting him- but have your notes if she continues any type of harrassment. Because, I believe, if she persues other *unfounded* complaints, she could eventually be charged with..harrassment or creating a hostile work environment??? What if her complaints are completely without merit?
My gut is screaming don't even tell him- just watch.
Of course, I could be completely wrong, but I HATE workplace divorces, ugh.