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Drug Policy

checchec 17 Posts
in HR & Employment Law Vote Up0Vote Down
We have a drug policy in place. If an employee tests positive for drug use, he is suspended for 30 days without pay. If he passes the drug test at the end of 30 days, he is permitted to come back to work. He is then tested periodically for a period of one year. If he tests positive at any time during the year he is terminated (second strike and you're out). Or if at the end of the 30-da suspension period he tests positive, he is terminated.

What we don't have in place is a period of time between positive testing after the one-year period. For example, an employee tested positive in 1996, was suspended, tested negative for the next year. In 2000, during a random testing, he tests positive. It's been four years. Do we fire him under the second chance rule even though it's been four years since his first strike?

Does anyone have a policy in place that addresses this issue?

Thanks in advance.

Chec
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Comments

  • 5 Comments sorted by Votes Date Added
  • PorkPork 1,271 Posts
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    Chec, Our policy is more demanding! Refuse to provide a urine sample for testing and you are out the door. A positive result and you are out the door! All of which we pay for the test results. If one then changes his/her mind and wants to provide a urine sample for testing fine, he/she is told to go pay for it within 24 hours and bring in a negative result and I'll change the termination to a warning. if it is a positive result and the employee wants to contest it, fine the termination is changed to a suspension for 24 hours and the employee goes and pays for a much more sensitive test of either hair or blood. It cost much more and it takes longer to get the results, therefore, the individual remains suspended w/o pay until he/she provides a negative certified lab result. At this time the employee is returned back to the work force and all documents are filed, accordingly. We have never had an employee who failed to get a more sensitive test. The one who decided to provide a urine sample for testing should not have done so, it was positive and he was terminated, immediately. Two years later he lied on his application and another site hired him, I enrolled him at the remote sight and thought he looked familiar, I ask him about our relationship, he denied ever knowing me. I returned to my office and pulled up his social security number and bam, the phone was about 2 seconds away, and a quick call to the site manager and the individual was on the way out the door. he worked for about 6 hours, 4 before I got there and 2 hours after I left the site. We paid him for his 6 hours as contract labor and sent him his check, with a no trespass notice included. should he appear again he will be arrested, no questions ask! Bottom line don't fool around with the drug issue, there are to many good people needing a job to care for their families instead of their negative habits. Good luck Pork
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  • MikeMike 40 Posts
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    In your policy in which you give a person a chance to return to work, I think that you have to have a cap somewhere. In our policy, when we give an employee a "last chance" opportunity, they are required to follow a program outlined by our EAP. The program includes follow up random testing for a period ranging from 1 to 5 years depending upon the recommendation of the EAP. Although we have never been confronted with this, I would think that after the required period of random testing expires, the employee starts with a clean slate.
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  • Cindy HannaCindy Hanna 155 Posts
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    We have a drug policy in place. If an employee tests positive for drugs he/she is terminated. No chances. If this terminated employee goes through counseling/rehab we usually hire him/her back. When we re-hire the employee goes through drug testing depending on what the counsler has come up with. What type of business are you working for?
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  • hrqueenhrqueen 43 Posts
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    Our drug policy provides for monthly random testing of all of our employees (10% of the population), as well as for suspicion, after an accident, and pre-hire. If at any point an employee tests positive, the employee is terminated. No second chances. Even though strict, it has weeded out problem personnel and has created a safer workplace.
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    We offer no 2nd chances to a positive drug screen. 1st time offenders are required to undergo rehab/counselling, etc.... and are subject to random testing upon return. If the random test is EVER positive for a 2nd time, we de-employ them-----
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