EE and Narcotic Medication

LindaS

I have an EE who has used all his FMLA for the year PLUS has taken an additional medical LOA for approx. 9 weeks. He was informed that he would not be permitted to RTW unless he was able to come back to full duty. He received a medical release from his physician and returned to work.

Yesterday I received an email from our TPA (we are self-insured) informing me that they are concerned about the amount of narcotics this EE has been using. According to the email this EE has been going to various physicians, ERs and clinics with vague diagnoses and getting prescriptions for narcotics. Based on his claim history, he has been filling prescriptions for narcotic medication up to four times per day.

We are a manufacturing facility and cannot have someone working while taking this medication. This EE is aware of this and we have addressed this problem with him in the past (we had an incident a couple of years ago wherein his spouse called our office upset because one of his narcotic medications were taken from his toolbox).

How would you suggest addressing this situation?

Whatever

What is your written policy? If you can test, test immediately. If positive, terminate. This is a safety issue(to others).

jitrbug

Do you have a random or reasonable suspicion drug screening policy? It sounds like with the policy you have in place, this would be covered. You received the information from your TPA and since you are self insured, this would be allowed as a reasonable suspicion based on the info you have received. I would do the drug screen and then make your decision especially since you have made him aware in the past that being under the influence this drug at work was not acceptable. You need the drug screening to prove that he is under the influence while at work. Even though
the prescript says every 4 hours, he can deny he is taking it or under the influence while at work. Your drug screen results will prove that! Then you can take appropriate action.