Standard Chemical Company processes toxic chemicals that are sold for commercial use.
Vicky Jacobsen, HR Manager, attended seminar on drug abuse in the workforce.
Company decided to implement a Drug and Alcohol Program
Concerns with termination
Local Union feels it will be “witch hunt”
Union assured there would be “checks and balances”
Notification of the Program
Program was presented to employees during group meetings
Brochure was distributed with Companies Chemical and Drug Abuse Policy
Use or abuse of substance that may have adverse effect on the job performance or safety is a violation of company policy
Reporting to work under the influence is a violation of company policy
Definition of unauthorized drugs….
Drug testing is required when there is reasonable suspicion of drug or alcohol use
Reasonable suspicion is, in opinion of management, a job related accident that may have been caused by human error that may be drug or alcohol related
Employees who test positive may continue employment provided they agree to participate in the company approved EAP –Employee Assistance Program
If reasonable suspicion of drug use-Suspended employees have 3 options
Refusing to undergo drug testing results in immediate termination
Taking the drug test
Negative- back pay is awarded
Positive- EAP
Enroll directly in the EAP and not submit drug test.
Accident Timeline
March- Vicky was in her office when security guard asked to speak to her. Peter Carpenter, an employee of 5.5 years, had driven forklift through the crack between concrete floor and steel wall. She was told,” that it was probably the pothead, Peter Carpenter.” Accident was evidence for reasonable suspicion and Vicky suspended Carpenter. He immediately files grievance.
First EAP Meeting- Carpenter signed Release of Information and refused to give EAP counselor permission to release the results of his tests to Standard Chemical.
AN EAP counselor, Johnson, allowed