b'Employee Drug TestingWho, What, Why . . . Who does it apply to: Drug testing is only required in certainHow can I handle an employee who refuses to be tested or industries, but any employer may choose to institute a policy towont sign the consent: Call in a witness. If the employee refuses protect themselves against unauthorized employee use. again, you may be left with no alternative except termination. Do not ever physically force an employee to take a test. Why would I want a policy: You never know when you might begin to suspect that one of your valued employees has begunWhat if I want to keep an employee who tests positive: You smoking marijuana to relax or methamphetamines to gain amust be careful. If the employee returns to drugs or alcohol little extra pep. If the employee is taking drugs, it will eventuallyand causes an accident, you were on notice. Give them one impact their work product, and perhaps even your customerchanceinwritingwithzerotoleranceandweeklytesting relationships. A written and instituted drug testing policy maythat the employee agrees to pay for as a condition of avoiding quell your fears and will help keep your employees honest, eventermination.if you never use it. Common Situations: When can I start testing: After instituting a policy, but there areEmployee car wreck: An employee sent out on a work errand is several steps involved in preparing an appropriate policy andinvolved in an accident. The police suspect that the employee protecting against violating employee privacy rights. You cannotwas high on cocaine at the time of the accident and test his simply walk into the office one day and say we now have a drugblood. He comes back positive for cocaine use. This will be testing policy and Joe Salesman will be the first person tested. exhibit number one at the trial of the personal injury case against You will need to work with your lawyer to prepare a legally validyour business. If you had an employee drug testing policy, the policy, employee consent form, and notice to applicants. offender might have been too afraid to use or might have been caught before the accident. What types of testing policies are allowed: Random Testingjust what it sounds like, but it is enforceableSigns of use before or while at work: One morning, an employeebecause the employees have been warned;arrives with a smell you recognize but have not encountered For Cause Testingif you suspect someone is under thesincecollege.Withadrugtestingpolicyyoucanaskthe influence of alcohol or drugs or has an addiction, you canemployee to visit the lab and learn of a potential issue before send them to the lab; and more serious problems arise. Without one, you will be hard Post-Accident TestingAfter a wreck or other accident youpressed to justify sending the employee for testing. By the time can test offending employee and any employee who is ayou put a policy in place, it might be too late.victim.Workplaceaccidentvictim:Awarehouseemployeeramsa What if I fire an employee who tests positive and they seekforklift into a pallet of expensive electronics without any rational unemployment: The Texas Workforce Commission (TWC) willexplanation and injures himself in the process. With a drug acceptverifiedtestresultsfromanaccrediteddrugtestingtesting policy, you are in a position to find out whether drugs company to deny an unemployment compensation claim. were a portion of the cause of the incident. 87'