Drug Testing and Employee Termination

Employee Termination and Drug Issues –

Employees should report the use of prescription medications that may impair their ability to perform job duties safely. This is very important before going to work while using such medications can show up on an employee drug test and get the employee fired. In terms of drug testing, an employer should give any employee who is subject to testing the opportunity to provide information about lawful drug use that would look like opioid abuse on a drug test.

Some employees may also be required to take a drug test, regardless of whether the test is job-related or necessary for the business, so this is something to keep in mind, as an employee. As an employer, a written policy should be in place that allows an employer to require drug testing of safety-sensitive employees. This includes jobs requiring the use of a vehicle, the operation of heavy machinery, or any other potentially hazardous job duties.

Employees who take prescription medications must notify their employer and give them permission to report the use of such medications. Employers must provide guidance on how to ensure legal drug use while performing job duties, and employees must be given the opportunity to report any changes in medication usage. A written policy outlining expectations for employee drug usage provides both the employer and employee with the information they need to comply with the law, protect safety, and ensure job performance.

What if an Employee is Caught Abusing Illegal Drugs

When an employer discovers that an employee is abusing illegal drugs, the employer may request that the employee submit to a drug test. It may be legal in some states for employers to refuse to hire or fire someone who tests positive for drugs. When an employer learns of a former drug addict and wishes to enroll them in a supervised drug rehabilitation program, they must ensure that their actions do not violate company policies or federal laws.

Employers are required by the Americans with Disabilities Act (ADA) to make reasonable accommodations for employees who are currently recovering from substance abuse or addiction. This includes giving the person time off for treatment and ensuring that they receive proper medical care during their recovery.

Some employers, depending on the state, are permitted to refuse employment or discharge an employee who uses drugs or alcohol in an illegal manner, according to voluntary law. This law also allows employers to drug test their employees and job applicants. If the employee is seeking treatment for drug or alcohol addiction, some employers are required to provide them with an employee assistance program to assist them with their problem. To assist the employee in coping with their addiction, this program should include rehabilitation, counseling, and treatment services.

If you have to fire an employee over drug use or another work related issue, it’s important to hire employee termination security guards. As an employer, you never know what a disgruntled employee might do when getting fired, especially if he’s a drug user. So protect yourself, your company and your employees by using our security team during employee termination. Contact us to learn more.