Te Substance Abuse and Mental Health
Services Administration (SAMHSA) is the agency within the DHHS, which has the delegated authority for the federal work- place drug-testing program. Te Division of Workplace Programs within SAMHSA has the administrative responsibility for manag- ing the oversight of the Federal Workplace Drug Testing Programs and the National Laboratory Certification Program (NLCP). SAMHSA through the National Labo-
ratory Certification Program has been responsible for certifying laboratories for forensic drug testing both in the United States and Canada since 1998. Where testing is justified employees
who test positive must be accommodated to the point of undue hardship. Automatic loss of employment or inflexible rein- statement conditions without regard for personal circumstances are not acceptable. Employees who test positive or refuse to be tested should be referred to a Sub- stance Abuse Professional to determine if he or she is drug or alcohol depen- dent. If the employee is found not to be
40 datia focus
dependant, the employee can be returned to work when they have complied with recommendation of the Substance Abuse Professional and on a negative return to duty test with follow up testing if recom- mended. It should be noted that there is no Human Rights protection for a casual user. A person who is dependent will be referred for treatment, counseling, educa- tion or a combination thereof. A negative return to duty test and follow up testing is also a requirement when recommended by the Substance Abuse Professional. It should be noted that an employee who requests assistance for a drug or alcohol problem cannot be disciplined for seek- ing help. Te botom line is that you are concerned about the safe work environ- ment and the well being of your employee. None of the above action should be seen as a disciplinary action but rather your company’s responsibility to accommodate an individual with a disability or perceived disability and to maintain a safe work site. The employee will be provided with
a suspension letter outlining conditions for return to duty unless alternate duties were provided. The suspension will continue until the employee has attended for an assessment by a substance abuse professional and complied with any recommendations. When the employee is ready to return to duty a negative return to duty test will be required and the individual may also be subject to follow up testing to be determined by the Substance Abuse Professional in consul- tation with the employer. An exception to this rule would be a
positive pre employment test result. A recent ruling from the Alberta Court of Appeal has verified the employer’s right to conduct pre employment test with no duty to accommodate. Te best practice on a positive pre employment test is to en- courage the individual to seek assistance if required and to reapply for employment when they can meet your standards.
spring 2012
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