Unfortunately, many employers commit drug testing mistakes that can be avoided with simple preventative measures. In one recent instance , a CATS (Capital Area Transit System) comptroller was fired after failing a drug test. The individual initiated a lawsuit claiming the employer retaliated against them for reporting issues like financial mismanagement. Furthermore, the employee claims the drug test was against the law because he was not in a safety sensitive position. Only safety sensitive positions are subject to random drug testing at the organization.
From the employer’s perspective, the employee failed the drug test and tested positive for methamphetamine. The lab that conducted the test also stands by their results and claims they’re accurate. So, what drug testing mistakes did CATS make that could have prevented this issue? How can employers (and employees) learn from these drug testing mistakes? Read on to protect your organization and establish stronger policies for your workers to follow.
Drug Testing Mistakes That Can Be Avoided
- CATS apparently only performed drug tests on individuals in safety sensitive positions. At Randisi & Associates, Inc., we believe the employer could have done better to define this in their drug test policy. A strong policy clearly states who is subject to drug testing and how drug tests relate to the essential functions of the job. Previously, we’ve also discussed how job descriptions play a role in this process . The purpose of job descriptions is to link the job’s essential functions to the reasons for your company’s policy regarding unacceptable behavior, which may include evidence of a positive drug test for drugs and alcohol. A well-defined job description also identifies safety-sensitive positions. Someone under the influence of drugs or alcohol could harm members of the public and work associates in a safety sensitive position. In this case, had the individual known of this policy from the start, they could have refused the drug test in accordance with company procedure.
- This individual’s drug test results were made public. This is a flagrant violation of privacy standards that must never occur at your organization.
- CATS had a zero-tolerance policy in place, but the individual was allowed to keep his job and continue working. Inconsistency is the root cause of most drug testing mistakes. The best business practice is to administer policies on a consistent basis. We mentioned this in a previous blog post as well . In the article, we also examined the pros and cons of a zero-tolerance drug test policy. We encourage you to view this before establishing a similar policy at your organization.
- There appears to have been no central in-house manager who was responsible for decisions of this nature. Such a person would be responsible for advising management of actions that could be construed as violating internal policies and drug test laws. We discussed this in our blog here.
James P. Randisi, President of Randisi & Associates, Inc., has since 1999 been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about drug testing mistakes, Mr. Randisi can be contacted by phone at 410.336.0287 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
