Methadone

SMace

Anyone with experience hiring someone who is in a methadone program? This is a manufacturing facility in NY. I worry about his ability to operate a forklift around heavy and dangerous equipment under the influence of a narcotic.

I know very little about a methadone program. Can someone shed some light? Should I be concerned?

PS I already called our co. doc and he is gone for the day. I'm a bit impatient and would like to move closer to an answer.

LivindonSouth

Interesting question. A methadone google produced this quote from an article on the subject: "But methadone therapy produces different effects than does addiction to heroin. A heroin user experiences highs (extremely happy feelings), dreamlike states, and sleepiness. Most people who are addicted to heroin cannot hold a job or maintain normal social relationships. But a former heroin addict who takes methadone in the prescribed manner has a clear mind and a feeling of well-being. In time, most addicts who are treated with methadone can lead normal lives."

It may be that the individual would not exhibit problems or experience narcotic effects while using methadone. If nothing else came to my rescue on this one, I would tell his counselor or treatment sponsor, "Write me a letter convincing me that while using methadone, an individual has no reason to avoid safety sensitive job positions." Let that person do your research. Just a thought.

TN HR

Don't mess with it. I'll give you both sides of the tale on this. First, form a strict scientific/medical approach (notice I am not rendering advice), if the person on methadone is taking it as prescribed then it will not affect their ability to drive, operate machinery, etc, etc, etc. If they are following a strict program of recovery and are attending NA meetings in conjunction with methadone therapy then it is possible they are on the right track.

The other side is personal. As a recovering alcoholic, I associate with many folks in the recovery community. Nowadays, most of us in recovery are usually both addicts and alcoholics, meaning we abused more than one subtance. Although I never tried heroin, I know many good friends with a LOT of sobriety who were once heroin addicts. One of them, my grand sponsor, celebrated 22 years of sobriety last night. Having said that, I have NEVER met anyone who has successfully kicked heroin on methadone. It is counter productive. What I have found is that most will go to several methadone clinics to get more than the regular dosage because then you do get a heroin-like high, only more intense.

On the one hand, I commend the person for being honest (or did they simply know that it would show on the drug test), but on the other hand I would say that this could turn into a real disaster if the person is still in active addiction or teetering on the edge of it.

Good luck.

Gene

LivindonSouth

So, are you saying don't ever roll the dice on these guys or just simply not in a safety sensitive position. If you're advising to not hire them in any case, what's that say about recovery and attempting to stay clean?

TN HR

Not to operate a forklift while he's on methadone treatment, no. As to the second question, yes, I would hire someone in recovery provided they had a certain amount of time in, were actively working on a program, and were doing the other things suggested as a program of recovery.

Again, this is a biased statement, which has absolutely no validity to it other than personal experience and gut feeling. Having said that, I have never met an addict who got clean on methadoneor who has amassed any amount of sobriety. The same goes for alcoholics on Antabuse.

Gene

SMace

I've decided to send him to our company doctor to let them make the decision. I realize there may be ADA issues particularly if he is disqualified, but I think the safety risk is too great. If someone gets seriously hurt, the question will be, did we do enough.

LivindonSouth

Doctors are no dummies either. They are acutely aware of the ramifications of judging someone to be medically disqualified. Look for the doctor to fudge the issue, hedge his bets and send the guy back to you for employment. It's a rare doctor indeed who would tell you on a piece of paper that this guy cannot perform the job. You'll cause the Doc's sphincter to twitch more than once. The clinic is always cautious about a lawsuit from a patient. Let us know how this turns out.

SMace

Update:

Our co. doc is actually one of the docs that run our county's methadone program. He said that an active participant in a methadone progam is a narcotic user and thus would not be covered under ADA. Didn't think of that.

Also 5-panel drug screens will not pick up methadone. Only 10-panel screens will.

He suggests that I have him sign a statement saying he will allow our EAP to monitor him through employment, allow us to randomly drug test him and require him to report any failed drug tests administered by the methadone program.

Please shoot holes in this recommendation because I'm probably going to do what he says. He is going to our co. doc today.

LivindonSouth

[font size="1" color="#FF0000"]LAST EDITED ON 06-17-05 AT 08:59AM (CST)[/font][br][br]He said that an active participant in a methadone progam is a narcotic user and thus would not be covered under ADA.

I don't know that he is or is not covered under ADA; but, I'd think that since the substance he is using is via medical doctor's prescription, then the use of it would not be considered 'currently using' or 'current illegal drug user'. I disagree with that particular piece of medical wisdom.

If I have a disability whose symptoms are being treated by a medically prescribed narcotic medicine, that certainly does not remove my ADA protection.

SMace

If it gets to court they would probably argue that we treated him as disabled anyway. Our defense will be the safety issue. If anything pops up I'll let you know. I appreciate the perspective.

Gillian3

Drug use is not considered a disability under the ADA, so there is no protection. A recovered drug abuser has protection so the question is - is a person undergoing methadone treatment considered "recovered". That will be the legal question.

LivindonSouth

Here's a wrinkle for you G3. Assume the guy once before went through a recovery program for alcohol or drugs, successfully and this is the second time around. I think then that would give him ADA protection. Do you?

Gillian3

No, because he would not be successfully recovered. That's what I think, anyway.

LivindonSouth

For the sake of argument, could you give me a reference or clue as to where we are told that to have ADA protection following a recovery program, one must retain sobriety? I understand that 'current illegal drug use' removes the safety net; but, I don't think we have 'current' use in the posted situation.

Gillian3

No, I don't know the source, but I believe that you will find that the guidance for "recovered" is one year drug free. I don't know whether that is in an ADA document or the result of legal advice based on court cases. I also don't know whether someone on methadone fits that guidance.