5. Applying inconsistent disciplinary consequences for positive test results—Sometimes employers want the ability to take “disciplinary action up to and including termination” for a posi- tive drug or alcohol test result. Tey may want the ability to retain long-term, loyal employees while firing others. Although this practice may appear reasonable, em- ployers who do this must examine their practices carefully to ensure that they are not unwitingly creating grounds for potential discrimination lawsuits. For example, if the employees who
are terminated tend to be people of color, and those who are retained tend to be white, there may be a basis for a race discrimination claim.
6. Failing to Conduct Reasonable Suspicion Tests Immediately— Reasonable suspicion tests must be conducted as soon as there is a sus- picion to test. Employers sometimes wait too long because they are busy doing other things or because they are conducting a factual investigation. But alcohol metabolizes in the human body very quickly, so reasonable suspi- cion alcohol tests must be conducted within 8 hours of the suspicion. For reasonable suspicion drug tests, there is a litle more time—typically 24 to 32 hours. But the best practice is to conduct the testing as soon as there is suspicion. Te more time that elapses between the suspicion and the test,
the more likely it is that the employee will test negative.
7. Failing to follow through with rea- sonable suspicion testing aſter hear- ing the employee’s excuse—Another common mistake that oſten occurs with reasonable suspicion testing is that the employer accepts the employee’s explanation as to why he is acting like he is impaired by drugs or alcohol. Common excuses include: • I didn’t get enough sleep last night • I am having a reaction to my allergy [or other] medication
• I stopped taking my prescription medication and am trying to adjust • I’m hungover from last night
Professional Liability Insurance designed just for you.
The Professional Liability Insurance Program is endorsed by your Association, DATIA, and is specifically designed for drug and alcohol testing facilities. As a member of DATIA, you are eligible for a competitive quote from an agency with a knowledge of your special insurance needs.
Insurance.BBT.com
Paula D. Layton 110 Dixie Street Carrollton, GA 800-356-9804
© 2016, Branch Banking and Trust Company. All rights reserved.
www.datia.org
datia focus
15
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52
