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drug test gone awry?

BLR_cleonardBLR_cleonard 1 Post
in HR & Employment Law Vote Up0Vote Down
A BLR subscriber asked our legal editors about this situation: An employee in a unionized company wanted to become a union apprentice, which required him to take a drug test. His results were positive, and he resigned from the company. Now he wants to pay for the test and keep the results to himself. We'll let you know how our legal experts responded. But first, what would you do if you were this former employee's HR manager?
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  • hr410hr410 61 Posts
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    I think that the answer may hinge, in part on what the collective bargaining agreement says. In most cases, there will be a policy or provision that address whether employees will be required to provide written consent and a release of any claims with respect to the administration of a drug test. In addition, when an employee violates the drug policy and is given a "last chance," an employer may want to require the employee to sign a form acknowledging this and spelling out what will occur if the individual violates the policy, fails to complete a rehabilitation program, or has a positive result on a future drug test.

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