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Maintaining a drug-free workplace
Q: We don't have a drug/alcohol testing policy, but an hour ago one of my receivers told me he is sure he smells alcohol when he gets near the forklift operator. Even though we don't have a drug/alcohol testing policy, can I require him to go for a drug/alcohol test? I am worried that he could hurt someone.
A: You are wise to be worried. Although you do not have a formal drug testing policy, if you operate a business in the United States, you are required to have a drug-free workplace. That includes both drugs and alcohol. If your employee works in a “safety sensitive” job, testing is mandatory. To address your immediate need, you should bring the employee to a place for a private conversation and tell the employee that you have reason to believe that he is impaired with alcohol. Assure him you are not certain about the level of his impairment or the cause, but you are going to take him to the nearest testing facility for a drug/alcohol test. (If you don’t know where to go, look in the phone book under Drug Testing.) Do not allow the employee to drive because you are liable for his safety and those of anyone he may hurt on the way. He may also try to do something to alter the outcome of his test if he is not watched.
If the employee protests, remind him that you have “reasonable suspicion” to believe he is impaired and he has no choice but to comply in order to keep his job. If he says he is not going for a test, remind him that he does not have a choice if he wants to keep his job. If he continues to protest, reinforce that he must comply as a condition of employment and if he refuses he will be listed as a voluntary quit. Make it clear that you understand that certain medical conditions can create symptoms of impairment and that is why you are not making any judgment about him. Be absolutely certain that you do not say anything defaming, such as “You are drunk” or “You must have a drinking problem.” Leave the diagnosis to the medical community. You role is to get this employee off of that forklift and out of your workplace while a decision is being made about his impairment.
If he agrees to go, take him to the testing facility. Do not allow him to go on his own or anywhere else where you cannot observe him. Once he arrives at the testing facility, a staff person will take charge of the process and you will be allowed to leave. You may decide to stay and take the employee home after the process, but the testing staff will now be in charge. They will conduct the test. The results will be forwarded to a medical review officer, who will confirm the results and you will be notified. If the employee has an alcohol testing outcome of .04 (that is half of the legal driving limit in most states), then he is considered impaired because the test will be deemed “positive.” Then you will need to make other decisions, such as whether you will terminate the employee.
After the incident is over, do two things right away: First, make a written record of the circumstances. Cover every detail. Be sure to describe what your eyes have seen, your ears have heard and your nose has smelled. I call this “seizing the moment.” Your memory will be best if you do this right away. You may need this information later.
Next, you should establish a drug testing policy, even if you are not required to have mandatory testing. Your policy should include two important provisions: 1. A routine drug/alcohol screen after any work-related accident when an employee or any other person is injured or equipment/vehicle is damaged. This is called post-accident testing; 2. You should also establish reasonable suspicion testing. This is testing when there is reasonable suspicion that an employee is impaired. It describes the circumstances that will mandate testing when an employee appears impaired and how the process works. Post-accident and reasonable suspicion testing are important deterrents to drug use in the workplace.
Maintaining a drug-free workplace
November 21, 2007
Q: We don't have a drug/alcohol testing policy, but an hour ago one of my receivers told me he is sure he smells alcohol when he gets near the forklift operator. Even though we don't have a drug/alcohol testing policy, can I require him to go for a drug/alcohol test? I am worried that he could hurt someone. A: You are wise to be worried. Although you do not have a formal drug testing policy, if you operate a business in the United States, you are required to have a drug-free workplace. That includes both drugs and alcohol. If your employee works in a “safety sensitive” job, testing is mandatory. To address your immediate need, you should bring the employee to a place for a private conversation and tell the employee that you have reason to believe that he is impaired with alcohol. Assure him you are not certain about the level of his impairment or the cause, but you are going to take him to the nearest testing facility for a drug/alcohol test. (If you don’t know where to go, look in the phone book under Drug Testing.) Do not allow the employee to drive because you are liable for his safety and those of anyone he may hurt on the way. He may also try to do something to alter the outcome of his test if he is not watched.
If the employee protests, remind him that you have “reasonable suspicion” to believe he is impaired and he has no choice but to comply in order to keep his job. If he says he is not going for a test, remind him that he does not have a choice if he wants to keep his job. If he continues to protest, reinforce that he must comply as a condition of employment and if he refuses he will be listed as a voluntary quit. Make it clear that you understand that certain medical conditions can create symptoms of impairment and that is why you are not making any judgment about him. Be absolutely certain that you do not say anything defaming, such as “You are drunk” or “You must have a drinking problem.” Leave the diagnosis to the medical community. You role is to get this employee off of that forklift and out of your workplace while a decision is being made about his impairment.
If he agrees to go, take him to the testing facility. Do not allow him to go on his own or anywhere else where you cannot observe him. Once he arrives at the testing facility, a staff person will take charge of the process and you will be allowed to leave. You may decide to stay and take the employee home after the process, but the testing staff will now be in charge. They will conduct the test. The results will be forwarded to a medical review officer, who will confirm the results and you will be notified. If the employee has an alcohol testing outcome of .04 (that is half of the legal driving limit in most states), then he is considered impaired because the test will be deemed “positive.” Then you will need to make other decisions, such as whether you will terminate the employee.
After the incident is over, do two things right away: First, make a written record of the circumstances. Cover every detail. Be sure to describe what your eyes have seen, your ears have heard and your nose has smelled. I call this “seizing the moment.” Your memory will be best if you do this right away. You may need this information later.
Next, you should establish a drug testing policy, even if you are not required to have mandatory testing. Your policy should include two important provisions: 1. A routine drug/alcohol screen after any work-related accident when an employee or any other person is injured or equipment/vehicle is damaged. This is called post-accident testing; 2. You should also establish reasonable suspicion testing. This is testing when there is reasonable suspicion that an employee is impaired. It describes the circumstances that will mandate testing when an employee appears impaired and how the process works. Post-accident and reasonable suspicion testing are important deterrents to drug use in the workplace.
Posted by Nancye Combs on November 21, 2007 | Comments (0)
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