Dealing With Failed Drug Tests
By Randall Barker, Vice President of Human Resources - A Plus Benefits
Many businesses require employees to pass regular drug tests. This is a good practice and I recommend all companies implement a drug testing policy. However, businesses that have a drug policy still have problems because they aren’t informed enough about their own policies and often are taken advantage of by drug-using employees who are knowledgeable and experienced at covering their tracks.
More frequently than business owners think, employees who fail drug tests for marijuana use claim they were in a room where others smoked (second hand marijuana smoke) and that’s why they failed their test. We’ve done the testing and have talked to expert scientists who have performed studies to determine if second hand marijuana smoke can contribute to a failed drug test and its been proven impossible.
Drug users talk with each other and they know which excuses work and which don’t. One marijuana smoker may tell his boss that he was driving a car where people were smoking but that he wasn’t smoking himself. If his employer buys it, he tells his buddy who will then use that same excuse with his boss the next time he’s caught.
One other common occurrence happens when an employee’s drug test comes back positive. The business owner can’t believe it’s true or thinks the employee is such a good worker that he’s not sure how they’ll get by without him, so the business owner lets it slide and doesn’t fire the employee. This is a huge mistake.
I advise my clients to have a set policy for conducting regular drug testing, up to as many as 3-4 times a year. The drug policy should also clearly state that if the drug is in your system you’re positive which leads to immediate termination.
There are too many liabilities associated with drug use to waffle on your drug policy. You should never put yourself in a situation to lose your business over an employee that is using drugs and not taking his or her career with you seriously.
About the Author
Randall Barker is Vice President of Human Resources at A Plus Benefits and has been with the company for over 14 years. He has been involved in human resources for over 20 years and is a certified Senior Professional in Human Resources (SPHR) and Certified Employment Law Specialist (CELS). He received his master’s degree from the University of Phoenix and has taught Human Resource classes at a local college. He has extensive experience with the Equal Employment Opportunity Commission (EEOC) and has successfully managed more than 80 discrimination claims for A Plus Benefits clients during the past 14 years in Utah, Nevada, Wyoming, and Colorado.
The content of this blog reflects the views and opinions of the author, and not necessarily those of Utah Business.