EE avoiding drug screen

rhammett · January 2002

Company policy is to report any work related injury to your supervisor immediately which in turn will make necessary arrangements. Also, it is policy to drug test any person injured or that causes injury to another or damage to company property. However, one employee told his supervisor of overturning his foot while walking from one machine to another but refused any medical attention. The next day he called and said he had seen his personal physician and it was determined he had torn a ligament in his leg. The employee has been out of work for 4 days thus far. (too late for a drug screen,now.) We feel the employee may have tried to pull a "fast one". Any suggestions on how to handle this situation would be greatly appreciated.

Margaret Morford · January 2002

I am assuming that you will now put the individual under WC. If your state allows you to choose the physician, send him to your doctor and have him tested at that time in accordance with your policy. Marijuana stays in the system up to 25 days for heavy drug users, other drugs 5 days and cocaine about 48 hours. I'm assuming that a positive drug screen is grounds for termination (if your state law allows this). Your policy should also say that a postive test is considered "under the influence." Again, if your state law allows.

If this occurs again, I would have the supervisor take him for medical help regardless, citing the last time that he said he didn't need any, but eventually did. You could also write him up for failure to accurately report an injury if this occurs again. I would not do it this time, as he will say he didn't realize he was hurt that badly. You'll need at least one more incident to cite a pattern. Those are the best suggestions I can offer. Hope they help.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Kingphr_ AR · June 2002

This is an issue alot of places.

WE have a very strict Drug Free Work Place policy that states, if medical treatment is received, period, you will be drug tested. Even though it may be several days after the fact and it will not affect the claim for workers' comp, the employee still falls under the DFWP policy.

Ours calls for immedicate termination. We do not provide rehab... therefore, if this happens and someone is trying to avoid the drug test they are still tested and possibly terminated.

It has worked well.

arodriguez · August 2002

We specifically put a clause in our addressing the issue of refusal and adulteration of a drug screen... and the consequences of either (termination). When we are in a situation like this, we will send them in (yes, even after the fact) and test them. If they refuse, we consider it to be a "positive" drug screen and discipline accordingly.

Don D · June 2002

[font size="1" color="#FF0000"]LAST EDITED ON 06-14-02 AT 08:07AM (CST)[/font][p]You could hassle with trying to get him tested the next time he sees a doctor, but, you'd run yourself ragged and get into a contest with him. You are within your rights however to have him tested prior to returning him to work. If he's abusing, chances are he'll keep right on and won't think about a test the day he comes back to the job. That's when you direct or take him to the collection site and if he refuses, terminate him (assuming your policy covers that, ours does). None of this of course will affect his ongoing comp claim or the benefits it may pay him while employed or terminated. By the way, our policy requires drug screen following any industrial accident or injury (not just those that might result in medical treatment). That would have allowed you to send him sooner.

Theresa Gegen TX · August 2002

I think the supervisor maybe needs to be talked to. The fast one may be that the employee didn't even injure himself at work, but actually did it before work. When an employee reports an injury like that, the employee should be seen by at least first aid personnel. The employee may have wanted to get out of drug screen, and if so, he has done so sucessfully. But you can't really get the employee for failure to timely report. He did report, and the supervisor did not follow through. If he had failed to report, then you might be able to discipline him. As it stands, it seems that he found a loop hole in your procedures.

Good Luck!

Leslie · August 2002

The key is what else your policy states. Ours is that no matter when you seek medical treatment for an industrial injury, you must be tested. Refusal to test is discharge. Granted, if it's days after the fact, a positive test isn't going to help with the comp, but all company disciplinary action would occur. So an employee who seeks treatment for an industrial injury and does not test can be termed.

lfhill · August 2002

Our DFWP policy requires testing based on reasonable suspicion as well as Accident and institutes a prudent man rule which requires the employee to report the accident immediately and a determination to be made by first aid personnel as to weather more than first aid is required. If a trained prudent person believes the injury requires more than First Aid the employee is taken to the medical facility for treatment and a drug test as a result of the accident, The EE may refuse medical treatment at that time but will be required to take the drug test regardless.

We instituted this in the policy as a result of discussions with supervisors and Staff before we instituted our program and written policy that led us to believe that this may be used as possible loop hole by users to avoid the drug testing and closed it before it occurred.

Good Luck

EE avoiding drug screen

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