In a good policy, and most probably elsewhere in your employee handbook, employees will be directed to the existence of and contact information for an Employee Assistance Program.
positive test. In other words, a test may not and perhaps should not be administered as the final indicator of whether a violation has occurred If your policy prohibits paraphernalia, possession, dispensing, manufacturing, trafficking and refusals, a violation has occurred and company defined consequences apply. It is extremely important to cover what
jurisdiction your company policy follows. Generally speaking, most companies will not want to consider or honor state recreational marijuana laws. Some companies may not want to recognize or tolerate medicinal marijuana use. Federally-regulated employees are prohibited from medicinal marijuana use with the exception of the substance Marinol. Your policy should address prohibitions covering state or international law, and recreational, medicinal or local tradition usage (i.e. coca tea commonly used to batle altitude sickness for Machu Picchu tourists). Employee responsibilities and expectations should be covered in your policy. Employees should be informed that they are expected to report immediately for testing when directed. In addition, their full cooperation with the testing process is expected—let them know that. Further, employees should be advised it is their responsibility to immediately report observations of signs and symptoms of possible drug or alcohol use in co-workers. Employees should report to a member of management, who will take appropriate action. Your management team must be informed of their responsibilities and trained on taking appropriate action. In a good policy, and most probably
elsewhere in your employee handbook, employees will be directed to the existence of and contact information for an Employee Assistance Program. If you have a zero tolerance policy (immediate termination for violations), your policy can make it clear that the Employee Assistance Program is only available prior to being directed to test and before signs and symptoms of possible drug or alcohol use is observed.
20 datia focus
Your employees should be informed of all
possible testing occasions, depending on your company’s philosophy and/or regulatory requirements. Tese could include: • Pre-employment (including movement from a non-safety-sensitive position to a safety-sensitive position)
• Random • Periodic • License renewal • For cause (reasonable suspicion) • Post-accident (or injury) • Customer initiated (“wall-to-wall,” focused investigative testing, etc.)
• Return to duty • Follow-up testing You should include the methods of
testing used by your company, which may be driven by the testing occasion, federal regulation, organized labor, or industry standard. Hair testing may be preferred by company leadership for a look back at drug use, but is not approved for DOT testing. Some companies perform two pre-employment drug tests on applicants who will function in safety-sensitive positions; one to comply with federal regulation (DOT requires a five panel test) and one to satisfy company policy (usually encompassing prescription drugs of abuse). Some DOT modes require a detailed
description of the testing process itself, intended to describe steps designed to protect the integrity of the test and to ensure confidentiality of donor information. It is a good idea to include a description of the testing process regardless of regulatory requirement. Te DOT requires disclosure of the
substances to be tested to the applicant or employee, so if your company is under the jurisdiction of DOT, your policy must contain disclosure of those substances tested. It may be advisable for your policy to contain language indicating that additional substances will be tested on non-regulated tests without detailing precise substances. Tis gives your
Winter 2016
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