Video instructions and help with filling out and completing Are Form 843 Employers

Instructions and Help about Are Form 843 Employers

Music welcome to our video blog series my name is Tom fuller and today we're gonna be talking about what happens if you fail a drug test and joining us our video today is mr. Joe Riley president of national drug screening he's been in the industry since 1993 he served as an expert witness he's seen a lot of evolution of changes in laws regulations rules trends and he's gonna share some of his expertise with us today thank you Tom and that's an interesting topic because just last year in workplace drug testing there were more positive drug tests more people failed a drug test than ever before yeah and that's a disturbing trend that's continue to go on as well as the increasing number of workplace overdoses and things like that to go just above and beyond that so the first thing is you know if if someone does test positive quite often and our employers don't know what to do so how do they handle that from an employer's perspective if they get this positive result only there are drug or alcohol tests what would their steps be or what steps should they take yeah absolutely time good question so when someone fails a drug test we talk about it being an applicant or a current employee if it's an applicant first off we should not have tested them until we made an offer of employment the offer of employment is conditional upon the passing of the drug test so the applicant fails the drug test we withdraw the offer of employment no questions asked no second chances now if it's an existing employee that fails a drug test we need to go back to our drug-free workplace policy now if we don't have a policy we've got a little bit of a challenge because we never told people that the use of drugs was prohibited because we didn't have a policy that told them that so at that point I typically would advise employers to put a policy together right now and you probably want to look at a second-chance policy because you never said that you're going to be terminated if you fail a drug test if you do have a policy and that's the good news then you follow your policy typically policies will say immediate termination they'll say we do a second chance which means we might enter into a second chance agreement with that employee and say okay you fail the drug test we're going to let you keep your job if you do the following and then that second chance agreement outlines okay you've got to get some help for the substance abuse issue you've got to go to rehab potentially you've got to go to a a potentially you've got to go to our Employee Assistance Program there's some performance issues that we have to address there's some attendance issues tardiness issues whatever it is and that can change from one employee to the another so there's not really a set template for a second chance agreement now thirdly I see in a lot of policies not the ones that I guide folks on but I see a lot of policies where they say if you fail the drug test you will receive disciplinary action up to including termination so what does that mean well we let John keep his job and we terminate Mary that's where companies can run into problems would a failed drug test right and that and that really does vary to a little bit if the employee happens to be do too regulated and it's a DoD regulated test because it may be a regulated employee but not I do t test or maybe one that is a do T and that dramatically affects what your steps you take sure to some degree absolutely Tom so do t regulated companies transportation industries trucking companies airlines railroads etc they're required by DoD to drug to have a drug and alcohol testing program that program requires certain things mainly if there's a positive drug test or a positive alcohol test that person must be removed from the safety sensitive position that they're operating in driving a truck flying an airplane they must be removed from that position they must see a substance abuse professional go through a program before they can come back to work into any safety sensitive position now d-o-t doesn't tell the employer fire the person or not fire them or give them a second chance or don't give them a second chance all that comes back to what does the company policy say so with d-o-t regulated employers one you remove the person from a safety sensitive position immediately no questions asked to you follow your policy are you going to terminate them or you're going to keep them on board in some other capacity until they go through the substance abuse professional program yeah instance you're broke you know second chance agreement and a couple those you know a lot of employers I think may be confused about that they're not sure if they want to do that because they may have the impression that they have to pay for pay for something although they may do that so how does that typically work with employers and do they have an option as far as that goes sure so a second chance agreement typically requires that the employee gets some type of assistance for the substance abuse issue that has now been identified by the positive drug test that typically leads to an EAP program an Employee Assistance Program and many companies have an EAP program available where the employee can get confidential help for substance abuse many times those EAP programs are included in the company's health insurance which often that's a secret so it's really good to know that if you have EAP included in your health insurance