Mississippi Memo to All Employees Regarding Drug Testing

State:
Multi-State
Control #:
US-AHI-281
Format:
Word; 
Rich Text
Instant download

Description

This AHI memo is to all employees regarding the company's drug testing policy.

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FAQ

If an initial drug test is negative, the findings are confirmed and the results are sent to the employer. If the initial drug test is positive, the MRO will contact the donor to see if they are on any medications or have any other legitimate medical explanation for the positive result (usually within 24 hours).

negative drug screen can take several days for results to get reported. The timing for testing any nonnegative drug screen depends on the confirmation (GCMS) process as well as the length of time it takes the MRO to get in contact with the candidate. A typical turnaround is 72 to 96 hours.

Indiscriminate testing of employees for drug use is an intrusive and degrading process that undermines our most deeply held tenets of fairness and privacy in the workplace. It should not be surprising, then, that a recent study concluded that workplace drug testing lowers productivity.

You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers.

Drug and alcohol testing in the workplace is not enforceable by law, and an employee cannot be forced to provide a sample of urine, salvia, hair or blood.

The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.

Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.

The most common consequence that a worker can face if they refuse to take a mandatory drug test is that they will be terminated from their job. Alternatively, if they are a prospective candidate for a job, then they will most likely not receive a job offer.

(a) When, as the MRO, you receive a confirmed positive, adulterated, substituted, or invalid test result from the laboratory, you must contact the employee directly (i.e., actually talk to the employee), on a confidential basis, to determine whether the employee wants to discuss the test result.

Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.

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Mississippi Memo to All Employees Regarding Drug Testing