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Drug-free Workplace Revisited
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Drug-free Workplace Revisited
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
The following post was made to the Legal Forum a couple of days ago. I've had some good responses, but felt this forum may be more comfortable for some folks.
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Forums » Topic Forums » General Forum » Drug-free Workplace Revisited
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Drug-free Workplace Revisited
posted at 8/18/1999 7:16 PM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
The following post was made to the Legal Forum a couple of days ago. I've had some good responses, but felt this forum may be more comfortable for some folks.
**************** I am searching for some ideas for revising our drug-free workplace policies. Our bottom line is zero tolerance and this has caused us to lose some good employees. How can I work some flexibility back into the existing policy...also, if new policy is adopted and distributed, can folks terminated based on previous policy make legal waves? I'm off to the standard sites - DOT, DOL, etc., but would appreciated ideas and/or experiences of others. ************************ |
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Drug-free Workplace Revisited
posted at 8/18/1999 8:17 PM EDT
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Posts: 31
First: 6/30/1999 Last: 10/7/1999 |
I suggest that if you really want "zero tolerance", there is no room for flexibility. Zero means none whatsoever. As for the loss of "some good employees", you imply that they were drug users who performed their jobs competently. In my opinion, you should keep the zero-tolerance policy and hire employees who do not do drugs in any form.
I am not an attorney, but logically it seems that If a new policy is adopted that is less-than-zero tolerance, it would apply to those who are employed at the time the policy takes effect. Company drug policies are not "grandfathered" to include employees terminated before the policy was adopted. (I could be wrong!?). You need a lawyer on that one. |
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Drug-free Workplace Revisited
posted at 8/18/1999 9:18 PM EDT
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Posts: 31
First: 6/30/1999 Last: 10/7/1999 |
JCCAC: I just read your reply to HRmgr about taking pain pills and possibly being dismissed because the medication shows up in testing.
If an employee has recently taken something, pain pills, cortisone, etc., he/she should simply mention it prior to testing. Zero-tolerance and employee drug testing pertain to illegal substances, not medicines. |
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Drug-free Workplace Revisited
posted at 8/19/1999 2:19 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Our testing is done by a laboratory. When any of the drugs tested for show up in the screen, the employee is contacted directly by a Medical Review Officer (Medical Doctor) who, in the case of legal medications, confirms that the employee has a prescription IN THEIR NAME and that this prescription was despensed by a licensed (certified, whatever) pharmacist from a written prescription made by a licensed physician. In other words, you can't take "Uncle Joe's" pain pills. All this confirmation is done prior to our being notified of the positive result.
When all is said and done, I am certain we will maintain our zero tolerance...we really can't afford much flexibility as we have mostly "safety sensitive" positions....driving, caring for small children, etc. I think my approach will be to beef up education so everyone will know the chances they take with that occasional "recreational toke" AND with taking someone else's prescribed medications. Thanks for your response...but what is your drug policy like? |
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Drug-free Workplace Revisited
posted at 8/19/1999 8:23 PM EDT
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Posts: 31
First: 6/30/1999 Last: 10/7/1999 |
My employer maintains a "drug-free workplace" defined as "a work environment free of the problems associated with the use and abuse o controlled substances. The presence or use of controlled substances or unauthorized alcohol on company premises is NOT tolerated."
Regarding prescription medicines, company policy states "controlled substances used with a valid prescription are not included" (as illegal substances). It is apparently assumed that the prescription would be one's own. However, our company policy also states that, if prescription medicine adversely affects an employee's performance or the safety of others, time off or other job arrangements may be appropriate. My employer also conducts inspection of personal property, searches, and surveillance of employees while on company premises, if necessary. This is not a zero-tolerance policy, but it is fairly stringent. You are correct in maintaining a zero-tolerance policy, especially with safety-sensitive positions. Drug education in the workplace is always a good idea. |
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Drug-free Workplace Revisited
posted at 8/20/1999 2:00 AM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Lynne, I like your reference to "a work environment free....". In my mind, that covers alot of territory.
Now I want to process the meaning of "workplace", "premises", etc. I'm not talking about being on the job though not physically on the premises. I'm talking about what people do on there own time, that happens to still be detectable on a drug screen, even though they are not "high" at testing time. Please don't misunderstand me...I'm not defending use of illegal substances at ANYTIME. I'm just needing to split these hairs so I am comfortable with the words and meanings of written policy. Also, I am not trying to find loopholes for saving "favored" employees. My experience has been that there is ALWAYS more to these situations than initially apparent....and it usually is not in favor of the employee. And thanks to all for your comments. |
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Drug-free Workplace Revisited
posted at 8/20/1999 2:33 AM EDT
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Posts: 31
First: 6/30/1999 Last: 10/7/1999 |
If an employee uses illegal substances (or someone else's medical presecription) on his/her own time, while away from the premises or work environment, and the substance shows up at testing time, that person is considered to be on drugs and fails the test.
"Premises" refers to the building in which the employee works. The " work environment" includes, but is not limited to, the immediate office area. A company sponsored event, like a picnic or golf outing, is also a work environment, as defined by my employer. I suggest that you be very definitive when writing the policy. Some companies do not consider off-premises drug use as a violation of the drug-free environment. Check state laws for references to employee drug testing. Good luck! |
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Drug-free Workplace Revisited
posted at 8/22/1999 9:00 PM EDT
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Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
Thanks!!! for helping me process this through. Your last response, along with my own evolving thoughts, have given me something to set my teeth into...exact definitions and descriptions.
Thanks again. |
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Drug-free Workplace Revisited
posted at 8/24/1999 2:44 AM EDT
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Posts: 1
First: 8/24/1999 Last: 8/24/1999 |
A "zero-tolerance" company would terminate every employee - including senior management - who uses narcotics of any kind. Unfortunately, "zero-tolerance" is normally defined as those drugs that senior managers do not take themselves.
The weak point should be obvious. The Number One most abused narcotic in America today is alcohol. However, since alcohol is legal and widely used by many people within nearly any organization, the idea of a zero-tolerance policy is farcical as long as alcohol use on and off the job is not equally enforced with other narcotics. My wife, by the way, is a human resources manager whose company recently scrapped their zero-tolerance policy for exactly the same reason. They were losing some of their most productive people. Miles |
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Drug-free Workplace Revisited
posted at 8/24/1999 3:33 AM EDT
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Posts: 1
First: 8/24/1999 Last: 8/24/1999 |
Way to go, Miles. I REFUSE to believe that it's my employers business what I do after I am off of work. And, you are also right, I think employers should include alchol in their zero-tolerance policy. More people die in a year from alcohol than all illegal drugs combined! It shouldn't be an issue unless you come to work stoned. I don't hear about too many executive fired for failing their drug tests.... |
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