Manager Wants to Rehire Employee Who Failed Random Drug Test

5560905 · May 2003

Our company has a very specific and very strict zero tolerance drug policy. We do pre-employment, post incident/accident, for cause, random and return to work testing. A few months ago, a long-term employee was selected for random testing. At first, he ignored the notice to go for testing. After a few days, when he still had not gone, HR called his Supervisor and required that he be sent immediately for testing. This was done and the employee tested positive for marijuana. He was immediately terminated.

The Supervising Manager pleaded the employee's case because the positive was "just marijuana." Because our policy is very specific, top managment held to our policy and upheld the termination.

It has now been 90 days since the employee was terminated and the manager is back requesting that we rehire the employee, giving him a pre-employment drug test. Our policy clearly states that anyone testing positive on any drug test (after MRO review) will be terminated and considered ineligible for rehire.

I don't feel there is any gray area here and do not want to rehire the employee. Does anyone have a policy that excepts marijuana use? Does anyone have a plan that allows for rehire of an employee who has failed a tests and if so, under what circumstances?

Leslie · May 2003

Our plan certainly does not accept a marijuana positive - and we are also zero tolerance. However we do allow for the possibility of rehire after six months, but the employee must submit to monthly madatory testing for a period of one year upon their return.

Don D · May 2003

Exempting Marijuana from a drug screen program is about the same as exempting beer and wine from a DOT Alcohol Policy. Don't do it. The effects of cannabis on a worker are similar in every respect to that of narcotics. Which would you rather your machine operator, forklift driver or payroll person be on when performing work functions, either?

I recommend you not deviate from the established program. If you do, you've set precedent for going forward. I certainly would avoid getting guidance from this supervisor in the present or future. And you can mark it down that this supervisor will not be a key player in your 'reasonable suspicion' program since he has clearly shown his views on this. Just marijuana? Just a forklift driven off the dock or through a plant wall, or into the breakroom full of coworkers!

safety · May 2003

The Supervising Manager pleaded the employee's case because the positive was "just marijuana."

It could be time to test the supervisor. x}>

ray a · May 2003

We do consider for rehire, but with stipulations. First, they must sucessfully complete a rehabilitation program - which typically lasts about 12 weeks. They must pass a pre-employment screen. They agree to be tested every month during our normal monthly drug screening for as long as we believe it necessary.

There was a thread earlier on this subject and several posters said the recidivism rate was high.

blw · May 2003

Be aware that ADA covers "rehabilitated" drug addicts. How exactly it is determined if someone is rehabbed, I don't know. But it is one consideration.

Don D · May 2003

It covers those who have been through a program, not necessarily those who are rehabbed successfully, whatever that is.

lorrie · May 2003

For drivers we follow DOT guidelines which allow the employee an opportunity to see a substance abuse professional for an evaluation, and follow through with any recommended treatment (at their own expense) before being allowed to continue working. If, after all of this, a second screen is returned positive then we terminate permanently.

For non-DOT employees we simply terminate after a positive result. No rehire.

We fired a great, long-term driver last year who had tested positive on a random (for marijuana), went through 12 weeks of rehab and was released by the substance abuse professional, then a few months later failed a follow-up test. I know how hard it is to find good delivery drivers, but you just can't take the risk of rehiring.

crawfod · May 2003

To 5560905. Your original post implied that the employee was notified to go on their own to have their random test and still had not gone a few days later. Most policies I am familiar with don't allow such a process. The communication that a drug screen is required of John/Jane Doe is given to a confidential source who then will notify the employee's supervisor who is then required to escort the employee, without the employee having ANY advance notice, to the test site, and the supervisor is not to leave the employee's side until under the control of the tester. Failure to cooperate can result in separation. While labs have gotten a lot better at preventing fraud, giving the employee control of when they go opens the door to fraud. Plus some of your short term drugs like cocaine won't show up if the body has a few days to clean itself out, so your test loses its effectiveness, unless you are only looking for certain drugs that remain in the body longer.

Hope this doesn't get misinterpreted as other than an attempt at humor, but that employee who tested positive after having 3 days notice isn't the cleverest of employees and shouldn't be rehired on that basis alone.

Leslie · May 2003

In the employee's defense (not that there really should be any for someone who tests positive when they know the company performs random screens) but marijuana attaches to the fatty tissues. It spikes out of the body over a period of time, and could, depending on amount ingested, take up to 30 days to dissipate.

I've said it before and I'll say it again, I've spent way too much time being the drug testing administrator for this company!

sonny · May 2003

Believe me, I am not trying to defend the ee either, but it has always bothered me a bit that someone could have smoked on their vacation 3 weeks earlier and still come up positive but someone else could have been out cracking on Friday and test negative on Tues. Is that right Leslie, cocaine/crack are gone in 72 hours?

Leslie · May 2003

Yup, as is just about anything else you may use. Marijuana is the only one that sticks around for a while.

qsausagelm · May 2003

We were able to arrange it with our test facility to conduct randoms on site. They come to us and those selected for those tests are already here and tested immediately.

5560905 · May 2003

Your comments are well take, however, I have 180 employees in five different work locations all over the city and it didn't seem cost effective to have on-site testing (our testing company charges a fee for coming on site in addition to the cost of the tests). Our Managers are given the packets for each random test and are supposed to see that the employee reports for testing within 24 hours.

My biggest concern is the message that is sent to other employees if we hire someone back after 90 days - that it is okay to use drugs because if you get caught you can get your job back after 90 days - which in my mind defeats the whole purpose of the program.

Balloonman · May 2003

I realize I am late to the party but was out of town last week. DO NOT HIRE back. Follow policy, tell the supervisor, sorry the policy is clear. It will send a good message to all the employees, no exceptions.
My $0.02 worth.
DJ The Balloonman

Manager Wants to Rehire Employee Who Failed Random Drug Test

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