A majority of federal and state laws do not define what actions to take if an employee test positive for illegal drugs, so it is up to you to decide. Below is a list of common actions. Remember, do not test or take any action against an employee until you have established and published a policy ALL employees are aware of. Also, disciplinary action must apply to all employees. You cannot pick and choose who you discipline and who you don’t.
– Immediate removal from duty
– Suspend without pay for a period of 30 days
– Refer to a substance abuse professional for assessment and recommendations
– Require employee successfully complete recommended rehabilitation
– Require employee pass a Return-to-Duty Test and sign a Return-to-Work Agreement
– Subject employee to ongoing, unannounced, follow-up testing for a period of five years
– Terminate immediately if employee test positive a second time or violates the Return-to-Work Agreement
– Immediate termination for employees who test positive
Posted in: Drug-Free Program
