Alcohol & Drug Policy
5560905
37 Posts
In August 2001, our company announced to its employees that it would be implementing an alcohol and drug policy, with pre-employment and random testing, among others. We made it clear at the outset that a positive test would result in immediate termination. We're small and don't have an EAP. Testing began in October 2001 with all employees, including our CEO being tested to show his commitment to the program. Once everyone was tested initially, we began conducting random testing. We lost one employee in the initial testing and about 6 additional employees since that time. Our most recent loss was a staff member who had been with the company for 25 years who tested positive for marijuana. His manager (one of our owners)now wants us to rethink our policy, with a suspension or warning for marijuana. He thinks it is unfair to terminate a tenured employee who smokes on his day's off because he still has the residue in his system when he returns to work. The other managers in our team are still committed to zero tolerance for ANY illegal drugs in the system.
Does anyone have a policy that treats marijuana differently than any other illegal substance? We considered the option of demanding enrollment in some type of diversion program, but if (as he insists) this is one-time use, that seems to be a useless waste of time and money. I'd appreciate hearing from anyone who has similar circumstances and would appreciate receiving copies of any policies that take an approach other than zero tolerance as it relates to marijuana.
P.S. I personally feel we would be making a mistake to loosen up our standards. Am I out of touch?
Thanks.
Does anyone have a policy that treats marijuana differently than any other illegal substance? We considered the option of demanding enrollment in some type of diversion program, but if (as he insists) this is one-time use, that seems to be a useless waste of time and money. I'd appreciate hearing from anyone who has similar circumstances and would appreciate receiving copies of any policies that take an approach other than zero tolerance as it relates to marijuana.
P.S. I personally feel we would be making a mistake to loosen up our standards. Am I out of touch?
Thanks.
Comments
We had a batch of new hires, where one got let go early upon giving notice and another was on vacation so I did the pre-employment testing the day of hire. (yeah I know)
Well one came up positive for marijuna.....the nephew of our most critical employee. I fired him. That did not go over well with key employee, he talked to his nephew, he is convinced nephew did not smoke, was from secondhand smoke. I was about to have the decision reversed by my boss.
I wrote out a memo outline why we should not make an exception. Also included a list of previous employees who we hired in spite of positive drug tests (before I arrived) and the issues/wc claims and other problems with them. Also the fact that people talk, and it would undermind my program. Keep in mind my boss already indicated to me I was going to have my decision overruled. After he and the other manager saw, in black and white, the facts, and a well thought out arguement he agreed with me and we will not be hiring this person back. (YEAH)
You might go this approach, I was lucky the 4 bad hires cost us........in many ways.....it really strengthened my arguement.
My $0.02 worth!
DJ The Balloonman
My company has a "zero tolerance" for drug use. We don't hire anyone with a positive test, and if we do random or probable cause, any positive test we terminate.
We just had a probable cause drug testing occur in a field office. We tested 23 people (due to 2 supervisors and 1 other employee telling our HR rep on site that there was dealing and using going on in a particular area of the facility). We fired 5. Now, just so you know this only happened about 5 weeks ago and I suspect there is still time for further fall out - but two of the terminated employees who filed for UI have since been denied!!!! Go figure!!!!
Again, stand your ground or you will be opening a can of worms.
My $0.02 worth!
DJ The Balloonman
If you make this exception...you'll find yourself doing this everytime OR in litigation with an ee that was fired.
If you allow an exception for pot, then you are qualifying the degree of illegality.
Just the way I see it anyway!
My $0.02 worth!
DJ The Balloonman
Illegal drugs are just that ~ ILLEGAL.
Zero tolerancy is the only way to go!
I get so bloody sick and tired of hearing people say that pot is harmless and blah blah blah. It's total BS. I smoked pot about a dozen times in highschool and I'm here to tell you it is NOT harmless and there should be no exceptions for it when it comes to positive drug tests. My friend recently went through a very painful divorce because of her ex-husband's pot use. It caused so much damage to their relationship, his job, his relationship with his son, his mental health, I could go on and on. Bottom line is it's illegal and it causes major safety issues and impairs the user's judgement. I could give a CRAP what scientists say about physical versus psychological addiction. The latter is probably more damaging than the former - from what I've seen anyways.
I'm probably in the minority with my libertarian views on drug testing, but you really need to look at the purpose behind your zero-tolerance policy as it applies to off-duty drug use. If safety's an issue, then I understand.
But if it's not a safety issue, I question why you'd treat off-duty drug use differently from other off-duty crimes, like DUI, beating a spouse, stealing, hiring a prostitute, etc. In those cases, you'd at least investigate and have the discretion to do something other than terminate.
For the record, I don't use drugs, don't smoke, don't drink very often, and don't abuse any substances other than iced tea and ice cream.
Yes, I think drug abuse is bad. But your zero-tolerance policy puts weekend pot-smoking in the category of the absolute worst things an employee could do to harm your company, and I don't think that's true.
James Sokolowski
HRhero.com
My $0.02 worth!
DJ The Balloonman
As for work-related VD ... uh, I'd better not touch that one.
James Sokolowski
HRhero.com
We don't hire anyone who fails a pre-employment drug screen. If one of our current associates fail a random, they are referred to a Substance Abuse Professional(SAP) for evaluation, and must follow all recommendations of the SAP to remain employed. They are subject to follow-up testing for up to five years. If they would fail a second test, they would be terminated. Although this may seem extreme for the person that just tried it once on the weekend, it is very effective in helping them decide if they want to continue to dabble with illegal drug use. I would be glad to share our policy with you. I can be reached at (740)670-8128.
The one out is a diversion program, however that is only used if the person comes forward before any random, reasonable cause or post accident testing.
They must go to their supervisor and let them know they have a alcohol or drug abuse problem and they are give a specific amount of personal leave in which to enter a rehab program. They may return to work once they can bring documentation of successful completion of the program. If however, they do not complete the program or don't complete within a specific time period they are released from employment.
All this is clearly spelled out in the employee handbook.
It is my personal opinion that a person abusing any substance is putting at risk all of their fellow co-workers. Plus, when I go home at night I think do I want this person on the road with my children play outside or my wife driving on the streets? I can only come up with the answer NO.
In some ways I think I am helping this person by making them think. I know this sounds harsh, however I have seen the destruction this brings into peoples lives.