Drug Testing as Condition of Con't Employment

[milehigh07]

What is the name of your state? Colorado

I have an employee who failed his random drug screen. We want to rehire him and have him do a random test once a month. We also want to have him pay for the cost of his testing via deducting from his check. Any thoughts on this?

 

[justalayman]

Ya. If you want to hire drug users, drop the requirement for them altogether.

If you are going to take action because of the test and then want to rescind that action, why bother?

 

[milehigh07]

Unfortunatly, we work in an industry where there are very few in the field and have to make do. Of course we don't want to hire drug users. We are a small company and can really help our employees suceed and do what it takes to make them succesful. We have also helped him find support groups because we do not have an EAP.

 

[fairisfair]

Unfortunatly, we work in an industry where there are very few in the field and have to make do. Of course we don't want to hire drug users. We are a small company and can really help our employees suceed and do what it takes to make them succesful. We have also helped him find support groups because we do not have an EAP.

are you going to do the same thing for everyone who fails a drug test? Unless you are required under FAA or some other regulation, you are not required to drug test your employees. So I would assume that you can make whatever decision you desire. So, does he only have to pay for the dirty tests, or the clean ones too???

 

[Beth3]

What is the name of your state? Colorado

I have an employee who failed his random drug screen. We want to rehire him and have him do a random test once a month. We also want to have him pay for the cost of his testing via deducting from his check. Any thoughts on this?

I've had an employee fail a drug test and (on occasion) decided not to terminate him/her but instead have required the employee to subject to random drug screens for a period of time (among other things, including a mandatory referral to our EAP.) Yes, it's legal. But you cannot charge the employee the cost of the tests. It's the same as if you required an employee to see a physician of your choosing for an evaluation - the employer has to pay.

If you decide to do this, be sure the tests are truly random. Marijuana stays in the system for a fairly long time, especially for heavy users, but most other drugs are in and out of the system in a matter of days. If your employee is still using and anticpates being tested on the 15th of every month, for example, all he has to do is stay clean for several days prior to the test and then will go right back to using for the next 3-1/2 weeks.