Drug/Alcohol Screen on EE Own Time

DawnC

We have two collective bargaining groups in our employ. Our agreements include after incident drug/alcohol screening, but it does not specify whether this testing is to be done on the ER's time or the EE's time. We have all EE's regardless of union or non-union status report for drug/alcohol screening after working hours. We consistently enforce this across all departments.

What's your experience been?

NeedCoffee

Although we do not employ any union employees, post-incident screening is done on the clock. Our reasoning is that we don't feel employees' pay should suffer when they get hurt on the job, and since we mandate the testing, we pay for the time there.

ritaanz

When you stated incident, did you mean a work related injury? Our medical provider will automatically do a drug screen when they treat an employee for an injury.

If the incident is an accident, i.e. with a fork lift, we send the employee for a drug screen ASAP.

DawnC

20 of our employees are under a Teamsters's contract. They are on delivery routes and have a schedule to keep servicing the customer. When the incident (accident) is not severe (unable to drive truck or have physical injury) we consistently wait until the EE returns to our location to write up ACORD and accident investigation reports. It is on their way home (off the clock)they are sent to the 24 hour facility for screening. If the screening is not done prior to their next scheduled work day (exceptions are Friday), they cannot report for duty. When they are given the instructions and paperwork to report for a post-accident screen, our handbook states we expect that employee to report directly to the clinic for that screen. For our route men, this is usually after 5pm and they are off the clock. For the Textile Union, upon an incident (injury), they are taken to the Clinic and immediately tested. They are not constrained to a timely schedule as the Teamster members.

joannie

We are not union now, but have been in the past. All drug screenings and physicals are done on the clock. Our requirement, we pay.

DawnC

There is no directive in the Contract for reporting. Our Team Member Handbook states that they must report for testing as stated above - all post accident and random. Our situation is such that route men return to the location must be by 4:30pm. This restricts his/her activity during working hours.

davids

As you are requiring the employee to participate in the drug screening and it is for the employer's benefit, I think an employee can easily argue that it is work time.

DawnC

They are required because of an accident or incident involving the EE and company property. When we ask, Random, they must leave immediately and report to the clinic for testing.

allsteaks

Has the Teamster's union rep protested/grieved the employees' not being paid for this testing? We have 5 unions here and they would immediately filed grievances if we did not pay the employee for reporting for mandatory (company required) drug/alcohol testing. We have a specific article in each CBA addressing drug/alcohol testing but compensation to the employee is understood. You may be walking a slippy slope.

DawnC

The union rep was in the alley this morning soliciting our employees and asking questions about taking drug tests on the EE's time. He hasn't filed a grievance, but one of our EE's is stirring a pot that he is getting involved in.

Aside: Union Reps must make appointments to meet with our team members. These men/women are on our time when he is soliciting them for information without notifying us of his presence.

hrdilemma

We are not union at our facilities however, any alcohol/drug screens are done on company time. If they are as a result of job accident/injury they are escorted by either their supervisor or someone in a middle management position immediately to the clinic for the screening. If it is due to suspicion, we transport & we pay. We view it as the company's directive and so we are controlling their time and it is our responsibility to pay. If they disagree with the findings they can challange on their time.

System

We have both Union and Non-Union Drivers. We also have employees and independent contractors in these positions. Our alcohol and drug testing however is standard for all employees and contractors.

Drug testing happens first thing in the morning for pre-employment and randoms. We require that after any incident or accident we require that within 2 hours of the accident that the employee report for testing.

We pay for everyone's drug testing and they test on company time.

Jimfromflorida

I would be concerned as an employer if you are not paying these employees and they are hourly (non-exempt) employees. It is the employer's requirement and for the employer's benefit. I believe DOL will make you pay them for time on the job such as this.