Drug Testing

caxtman

As an employer who does drug testing for new employees and random drug testing, if an employee is found to have an illegal drug in their system, is there an obligation to report this to the legal authorities?

Thanks for your help.

sonny

Not my knowledge.

ACU Frank

Not in this state. Even if there were a reporting requirement, it would probably fall on the testing lab, not you.

Wildsporty

[QUOTE=caxtman;720687]As an employer who does drug testing for new employees and random drug testing, if an employee is found to have an illegal drug in their system, is there an obligation to report this to the legal authorities?

Thanks for your help.[/QUOTE]

You only have a responsibility to your company and your co workers. You are not a policeman and do not have a responsibility to report this to the authorities. You do have a policy to inform those in charge of inforcing company policy and company policy should be enforced every time for every employee in this situation.

I would inform management, but first I would speak to the employee and ask if they were willing to go into treatment and be helped with this problem. If so I would help them set it up through your company EAP. Than I would put the employee on suspension/and/or leave unpaid for the time involving the inhouse treatment phase. I would talk to management about this challenged employee and ask them if we can set up a contract where the employee would go through treatment, than be tested on a weekly basis after returning for a specified number of weeks and on a monthly basis for a year then randomly after that. The employee would sign the contract and he/she would be responsible for following through and if he did not he would immediately be terminated for a 2nd positive test, no questions, no more chances.

Everyone deserves a 2nd chance, but the other employees deserve a drug free workplace.

Shirley

Sharon McKnight SPHR

Caxtman, I would contact legal counsel for the company to make sure that the company has no olbligation as far as local law enforcement is concerned.

Sharon