Drug Testing ( Protect your Rights)

[Bad Boy Bad Boy]

Protecting your Rights of a Drug Test. I had always kept, pre-written forms for my Co-workers, if they wished to used them. Most used, were the First Injury Report that the employer never would supply, I made one up to protect the workers when injured. That was if they wished to use it, and protect their legal rights.

Drug test can follow a employee forever. If the Durg test is false, yet said you proved positive, you had best protected yourself before taking such test then. You too do have legal Rights. So below, I supply the pre-printed questions that each employee should have filled out with all questions answered before consenting to a Drug test that might alter one for life. Please share this with co-workers, and other working people..... Please remember, no employer wishes an employee to be too smart about legal employee rights...

What is the name and address of the lab that will perform the test ?

EXACTY what test or tests are to be used ?

For each test performed, list the type and quantity of specimens required ?

For each test performed, list the percentages for false positive and false negative results.

Provide statistical justification for these percentages.

In the case of a false positive, what are the established procedures for retesting ?

How many times will retesting be permitted ?

What is the established procedures for resolving consistant false positive results ?

What facility is going to extract the specimen(s) ?

How much of each type of specimen is going to be extracted ?

Are the lab and the blood extraction facility bonded ?

What company carries their malpractice insurance and what are their policy numbers ?

EXACTLY what information will be release from the lab to the employer ?

It is required that all results be forwarded to me.

You sign,
Employer signs,
Possible Medical office signs,
And lets get the date.....--------------

[chrischris]

BB, that's all well and good for an employer who is starting a random drug screening practice, but what about the employer who makes you sign a "random drug consent form" as part of your pre-employment paperwork. No sign = No job

Also, where I work(ed), a pre-employment drug screening is required. Employees are working with children; bus drivers, teachers, yard duty supervisors, etc. Don't you think the employer has the right to request a drug screen?

[Bad Boy Bad Boy]

CC, so very correct, but in the pre-printed questionaire, if the person knew about it that is, they could be clear that they would sign the consent, once the questions had been answered. I know I would rather want a person to stick up for themselves, yet be polite at the same time, knowing all they want is to protect their medical rights from flowing all over the place. Plus any person should know who, what and where the lab is performing a test.

[ace25]

As an employer I would never sign that document. Chris is correct. Employers who do drug testing have new hires sign consent forms. When its time to go to the test its time to go to the test. IMHO, People who try to use the questions above and get a signature, will most likely only get one on a pink slip.

If you don't like the drug test policies, I would suggest working elsewhere. It would be the easiest thing to do.

[Bad Boy Bad Boy]

Well Ace, don't you think the employee is allowed answers to atleast some of the questions. I know I would as an employee, for why do you feel you should hold all the rights and the employee should have none at all. Drug test polices are good, I agree, but protecting their own rights, and as a employer helping to protect them, only builds better Moral with them. If their information contiuned to become false, wouldn't you rather try to help them, instead of saying hit the road. Good employee's are not easy to find these days. And to just kick one to the side, makes for sore eyes.

I am all for drug Testing. I am also for protecting the employer & employee Rights. I want to protect them both, not just one. If reading those questions, there is information there that even the employer should have on Record, but I am gambling that they don't. Re-read the questions, and ask, why wouldn't the employer also want such information.

[Lilly]

BBBB,
Wish i'd had you little form when my company started random drug testing and car searching. I DID NOT have a thing to fear being drug tested, as i knew i would pass...but, I feel it 's a violation of personal rights against the employee. Does one actually think that by smoking a joint LAST MONTH...that even though it's still in the blood stream proved by test, it is still affecting their mental capabilities? BULL. But I also felt, if i couldn't do it...neither should anyone else be allowed to an occasional party!

Our company then had the balls to ask for a detailed list of the medications we took, to keep in their files in case one of the drugs showed a positive test. In my view, it was absolutely NONE of their business what meds I/or anyone else took. What if a person was taking AIDS medication?? it would be grounds to get rid of that person because they knew he/she was taking an aids drug! It literally pe'ed me off when they started this practice... i had to give them my med list for my file. i felt , and still do, this was a insurance risk evaluator for each employee. I got my boss to send me a memo "in writing" about this.....then, he backed off later, and claimed he never said it (I promptly printed out his email & showed him) i feel he realized it was an invasion of our privacy. Possibly, it was illegal.

Then the jerks Deliberately DID NOT check certain people, as they were supposedly 'key' in the company...but known pot/cocaine users. So NOT FAIR!
What was ironic...there was a pic on the break room wall of an employee golf outting winner, who was holding a joint in his fingers "cigarette style" (he was a non smoker) and everyone knew it! It was a inside joke amongst us about that picture being displayed! Managment was so blinded there!

Then...the random car searches....WHAT!!??
We had to sign a wavier to give them the right to search our cars when they felt the urge! Totally ridiculous. One had to sign.....or the undertone of the the meeting was....sign it - or else! we were never told what the "or else" meant?

I miss my job so much...but i do not miss that kind of bull...I wouldn't go back there even if i could work again!
Lilly

[Pooh]

Lilly, bb, ace

I think the search of cars or vehicles could be found illegal in most states. I know the company driller works for, they have to have the cops come out with drug dogs to go around a car if they feel that the person may have drugs on the premises. His company also has random drug testing policy that all employees sign prior to accepting the job. They know that they will be drug tested at any time. It's the nature of the field that he works in. All employees get a copy of where the test is being taken for pre-employment, and it's the same place that processes all drug tests. So an employee knows about it in advance where and when. Random drug tests are done on the job site, and depending on the type of drug determines if a person gets a 2nd chance or not. The company does have a drug rehab program set up and any employee can use it confidentially from their supervisors.

Just recently this group of guys celebrated 2 yrs accident free on their jobs, and that is a milestone in the industry. Last year they had 10 job sites celebrate 1 yr accident free or about 10% of their job sites.

I guess because of the nature of drillers work, I would rather them have the random drug tests than to lose my husband because someone was on drugs at work. And trust me, driller will be the first to call his supervisor if he finds any drugs or paraphernalia on the work site.

[red1030]

Hi all... I too have been an employer who hired and fired on the job or lack of job. In the case of nursing, there must be a drug screen before they are hired. My first job was to protect the people we serve. How can I even begin to justify to a resident who is being transferred and dropped because they didn't fix the seat on a hoyer lift? How could I justify it too myself or a family member? Then another concern is how do I justify it to the other 200-300 residents who will be uprooted due to department health requirements. Did you know that after a long term care home is closed and the residents are uprooted to other homes, other room mates, other staff members, and new surrounding that only about 40% survive past 6 months. Then of course, "How do I justify it too the Department of Health" once I report it. Do I say "Oh well she was 80 years old?" Or do I say "her life was almost over my employee is credible." I can tell you honestly employers would often like to not do drug screens because it is a BIG cost in the hiring process, however, then it turns in to a larger cost. For instance, if they do not do these drug screens, historical facts will tell you that there are more resident and employee accidents which is very costly, then you pay for the injury of the resident, possible the unemployement and possible BIG bucks to the Department of health who can FINE you thousands of dollars... but mostly whose job is it to assure that every process from hiring to termination is focused on its customer and in my case, it was our home's residents, it is the leadership of the home. They must trust and feel safe if nothing else...they must feel safe.

Additionally, nurses have a tremendous responsiblity to their patients or residents. State licensure mandates drug screens. The Department of Health mandates it. The federal government mandates it for All Long Term Care employees. This regulation says before a potential new employee sets foot on the Floor (even for an orientation) they must have a drug screen and finger prints.

I do find that the search of cars is taking it too far. I also believe that that particular behavior has nothing to do with protecting its residents. While in my positions, I have seen cars of employees searched when it was appropriate. However, usually this means something was reported to the police that occurs on site and then the police obtain a search warrant and they search the car for additional contraban.

Lilly...you are correct that if you partied a month ago and participate in this type of drug, then it will show up in the drug screen. I also believe that you are right that if a person does this, it will not affect their decision abilities or to work safely. This drug is a fat soluable drug which means simply that it moves from the blood stream in to our fatty acid cells and then it goes through the whole osmosis process to find it's self back in the blood stream and then out of the body though the usual course. However, while I understand this controversy that our country is having about this drug, where does the employer know from a simple drug screen that it was a month ago or a week ago or is it a continuous behavior? The other very valid point I believe, is it is illegal and that does not give an employer a lot of confidence in this potential employees credibility. I do not agree with that concept but I know it exist. In Oregon people with MS are allowed to appoint someone to grow X amount of this drug to assist with pain and stiffness. I don't disagree with that concept because now it is a legally prescriptive drug and I am confident it is better for a body than the morphine they wanted me to take in the hospital. Thanks for the discussion BB Red