• I’m just depressed because of [a death in the family] [my divorce] [fill in the blank]
Employers sometimes decide that the
employee’s excuse sufficiently explains the behavior, and do not follow through with the reasonable suspicion testing. But if there is reasonable suspicion to test, and trained managers have determined that testing should be conducted, then the testing still should occur regardless of the employee’s explanation. Documentation and consistency are critical for any reasonable suspicion circumstance whether it results in testing or not. 8. Failing to train supervisors— Once a drug and alcohol testing policy is ready to be implemented,
the company should train all supervi- sors to ensure that they understand the policy and know how to enforce it. Without such training, supervi- sors oſten do not read the policy, or assume that the Human Resources Department (or someone else) will enforce it. Additionally, supervisors oſten will not enforce the policy be- cause they do not know how to make reasonable suspicion determinations and are afraid of making the wrong decision. All of these issues should be addressed in a training session that answers supervisors’ questions and makes them comfortable with the policy and its procedures.
9. Failing to recognize—and define— “refusing to test”—Many workplace
drug and alcohol testing policies do not define “refusing to test,” and provide no disciplinary consequences for it. Tis is a serious mistake because employees routinely engage in evasive behaviors to avoid a drug or alcohol test. Such behaviors may constitute “refusing to test” and should lead to termination. One of the most common examples is delay: many employers overlook an employee’s excuses to delay the drug or alcohol test for as long as possible. An employer’s writen policy should include a clear and comprehensive definition of refusing to test, such as: “Refusal to submit to a test” includes, but is not limited to: excessive delay in reporting for a required test; refusing or failing to provide a specimen, or refusing
16
datia focus
fall 2017
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