A drug testing program can be dangerous in isolation. “The worst thing you can do is wake up one morning and decide to start testing people,” says Reilly. “If you get a positive, you then have to ask yourself ‘What do I do now?’” A workplace drug policy should mandate the appropriate action. One option is termination. Another is an offer of a second chance for the employee who will complete an ed- ucation and/or treatment program and then undergo fol- low up testing. Many counselors urge employers to look seriously at the second chance option for first offenders. A large percentage of people who test positive for the first time are not yet dependent but have only recreationally imbibed. If they are dealt with properly, including counsel- ing, they may well turn into excellent, loyal employees. Prescription Drugs Testing uncovers illegal rather than legal drug use. Em- Drug Use In the Workplace (CONT’D FROM PAGE 14)
ployers will not receive positive test reports for use of a prescribed drug. In such cases the medical officer con- firms the existence of the prescription and reports the test as negative with no details included.
This can pose a problem. What if an em- ployee is exhibiting erratic behavior as a re- sult of legal prescription drug use? While in such cases an employer may have actionable performance issues, there may also be a legal requirement to accommodate the drug user with changes to job duties. Here, again, an at- torney must confirm compliance with federal, state and local laws. At the very least, a workplace policy should require employees to report any negative side effects of prescription drugs. “Many pre- scribed drugs have warnings about operating machinery or driving vehicles,” says Reilly. “People on prescribed medications should provide statements from their physicians as to whether or not the medicine will affect their job performance.” Supervisors should moni- tor and respond to any resulting performance concerns, he says. “If it turns out an employee using prescribed drugs cannot do an assigned job, consider accommodating the disability by reassigning duties, or granting medical leave.” Supervisor Training “Of all the tools available to the employer, the most effective is supervisor training,” says Caldwell. Employers should help supervisors learn how to recognize signs and symptoms that an employee might be under the influ- ence. They should also know what actions to take when symptoms are seen, such as a reasonable suspicion drug and alcohol test. “If the observed behavior is a safety issue, su- pervisors must not be afraid to intervene and remove the employee from the duty causing the danger,” says Caldwell. “Then they must investigate by talking with the individual and performing a drug test if appropriate.”
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February 28, 2022
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