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Failing random drug tests

sbtsbt 12 Posts
in HR & Employment Law Vote Up0Vote Down
My employer had 3 employees fail random drug tests. It is a first for the company and there is no precedence. The employee manual says failure "could" be grounds for dismissal. We do not want to fire these employees but two of them are delivery drivers and we feel that there is some additional liability involved in their case. Does anyone have any suggestions? Does anyone have policy that deals with a sort of "probation" for thse who have faileda drug test.
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  • 2 Comments sorted by Votes Date Added
  • Down_the_MiddleDown_the_Middle 771 Posts
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    You are apparently not a Drug Free Workplace Act employer----DFWA requires that 1st time offenders are required to undergo drug rehab/analysis to determine the extent of their positive test. They are required to undergo the prescribed treatment and if they fail to do so, they are de-employed immediately. They are subject to random testing for the next 24 months and ANY evidence of a positive result yields immediate termination. It's unfortunate you have a partial policy in place that did not account for the "what if", but I would encourage these offenders to partake of the new program to ensure that they're in compliance when you adopt it!!!
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  • pecohrpecohr 150 Posts
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    I would also take a lot at the Department of Transportation's website. These delivery drivers depending on the size of the trucks they drive may fall into a category regulated by this group and they have stringent guidelines covering employees and drug use.

    At the very least I would recommend a last chance agreement that includes random testing.

    SA
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