#1  
Unread 05-08-2003, 03:19 AM
5560905
 
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Default Manager Wants to Rehire Employee Who Failed Random Drug Test

Our company has a very specific and very strict zero tolerance drug policy. We do pre-employment, post incident/accident, for cause, random and return to work testing. A few months ago, a long-term employee was selected for random testing. At first, he ignored the notice to go for testing. After a few days, when he still had not gone, HR called his Supervisor and required that he be sent immediately for testing. This was done and the employee tested positive for marijuana. He was immediately terminated.

The Supervising Manager pleaded the employee's case because the positive was "just marijuana." Because our policy is very specific, top managment held to our policy and upheld the termination.

It has now been 90 days since the employee was terminated and the manager is back requesting that we rehire the employee, giving him a pre-employment drug test. Our policy clearly states that anyone testing positive on any drug test (after MRO review) will be terminated and considered ineligible for rehire.

I don't feel there is any gray area here and do not want to rehire the employee. Does anyone have a policy that excepts marijuana use? Does anyone have a plan that allows for rehire of an employee who has failed a tests and if so, under what circumstances?

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  #2  
Unread 05-08-2003, 03:41 AM
Leslie
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

Our plan certainly does not accept a marijuana positive - and we are also zero tolerance. However we do allow for the possibility of rehire after six months, but the employee must submit to monthly madatory testing for a period of one year upon their return.
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  #3  
Unread 05-08-2003, 04:01 AM
Don D
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

Exempting Marijuana from a drug screen program is about the same as exempting beer and wine from a DOT Alcohol Policy. Don't do it. The effects of cannabis on a worker are similar in every respect to that of narcotics. Which would you rather your machine operator, forklift driver or payroll person be on when performing work functions, either?

I recommend you not deviate from the established program. If you do, you've set precedent for going forward. I certainly would avoid getting guidance from this supervisor in the present or future. And you can mark it down that this supervisor will not be a key player in your 'reasonable suspicion' program since he has clearly shown his views on this. Just marijuana? Just a forklift driven off the dock or through a plant wall, or into the breakroom full of coworkers!


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  #4  
Unread 05-08-2003, 04:31 AM
safety
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

The Supervising Manager pleaded the employee's case because the positive was "just marijuana."

It could be time to test the supervisor. x}>
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  #5  
Unread 05-08-2003, 05:14 AM
ray a
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

We do consider for rehire, but with stipulations. First, they must sucessfully complete a rehabilitation program - which typically lasts about 12 weeks. They must pass a pre-employment screen. They agree to be tested every month during our normal monthly drug screening for as long as we believe it necessary.

There was a thread earlier on this subject and several posters said the recidivism rate was high.


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  #6  
Unread 05-08-2003, 05:45 AM
blw
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

Be aware that ADA covers "rehabilitated" drug addicts. How exactly it is determined if someone is rehabbed, I don't know. But it is one consideration.
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  #7  
Unread 05-08-2003, 06:10 AM
Don D
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

It covers those who have been through a program, not necessarily those who are rehabbed successfully, whatever that is.
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  #8  
Unread 05-08-2003, 06:29 AM
lorrie
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

For drivers we follow DOT guidelines which allow the employee an opportunity to see a substance abuse professional for an evaluation, and follow through with any recommended treatment (at their own expense) before being allowed to continue working. If, after all of this, a second screen is returned positive then we terminate permanently.

For non-DOT employees we simply terminate after a positive result. No rehire.

We fired a great, long-term driver last year who had tested positive on a random (for marijuana), went through 12 weeks of rehab and was released by the substance abuse professional, then a few months later failed a follow-up test. I know how hard it is to find good delivery drivers, but you just can't take the risk of rehiring.

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  #9  
Unread 05-08-2003, 07:24 AM
crawfod
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

To 5560905. Your original post implied that the employee was notified to go on their own to have their random test and still had not gone a few days later. Most policies I am familiar with don't allow such a process. The communication that a drug screen is required of John/Jane Doe is given to a confidential source who then will notify the employee's supervisor who is then required to escort the employee, without the employee having ANY advance notice, to the test site, and the supervisor is not to leave the employee's side until under the control of the tester. Failure to cooperate can result in separation. While labs have gotten a lot better at preventing fraud, giving the employee control of when they go opens the door to fraud. Plus some of your short term drugs like cocaine won't show up if the body has a few days to clean itself out, so your test loses its effectiveness, unless you are only looking for certain drugs that remain in the body longer.

Hope this doesn't get misinterpreted as other than an attempt at humor, but that employee who tested positive after having 3 days notice isn't the cleverest of employees and shouldn't be rehired on that basis alone.
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  #10  
Unread 05-08-2003, 07:31 AM
Leslie
 
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Default RE: Manager Wants to Rehire Employee Who Failed Random Drug Test

In the employee's defense (not that there really should be any for someone who tests positive when they know the company performs random screens) but marijuana attaches to the fatty tissues. It spikes out of the body over a period of time, and could, depending on amount ingested, take up to 30 days to dissipate.

I've said it before and I'll say it again, I've spent way too much time being the drug testing administrator for this company!
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