Topic 1: Random Drug Testing
Today it is quite common for employers to have random drug testing policies and procedures in place for their employees and staff. In most cases, employees must be willing to submit to and pass a pre-employment drug test and then agree to additional random drug screening throughout their employment with the company to help ensure a drug-free work environment. However, in most cases, the employer usually needs to have at least some level of suspicion before requiring an employee to submit to drug testing.
And while marijuana is now legal in several states, it is still illegal on the federal level, which can complicate things for some employers. This means that employers can still require testing and set consequences for employees who test positive for marijuana use. These consequences can include enrolling in a rehabilitation program, loss of benefits, and even termination. However, for an employer to conduct legal random drug testing there are several steps they must follow.
As the HR manager, it falls upon you to create a detailed written “drug-free workplace” policy, that provides your employer and company employees with legal protection. This policy will have to be provided to each and every employee for them to refer to at any time. They must sign and date a copy of the document providing proof that they have both read it and understood it before you place it in their personnel file. There are currently 14 states with laws in place that require employers to provide current and potential employees with a written drug testing policy. There are also two states who require state approval of any written drug testing policy before it is put in place.
It is your task for this discussion to craft a memo to your boss, based on a specific state law, answering the questions below. Do not pick a state that does not have a drug testing policy law, Pick one of the 14 states alluded to in the previous paragraph and shown in the link below. You will have to research the specific state law. Here is link to get your started.
https://www.ohsinc.com/info/state-drug-testing-laws/
1. Set out the specific requirements for conducting a legal “drug-free workplace” policy specifically on random drug testing. For each specific requirement in your policy, provide short justification for inclusion in the policy [ie. notice requirements, who is to be tested, now often, consequences for refusing to take a random drug test etc].
2. Next provide a general “drug-free workplace” testing plan. Some things to consider for your memo are what specific subjects should be included in the policy memo, except random drug testing which you will discuss in 1. above [i.e. pre-employment testing, scope of testing, list of drugs to be tested for, employee retest request, consequences for violating drug policy, reasonable suspicion, what should occur if employee tests positive, etc. This is not an all inclusive list of subjects to be considered in your general workplace drug testing policy memo.]
You must substantively respond to two colleagues.
Use a minimum of one HR/legal reference to support your conclusions. Here is one link to get you started.
https://www.thebalancecareers.com/company-drug-testing-policy-example-2060403
https://employment.findlaw.com/workplace-privacy/drug-testing-at-work.html
Topic 2: OSHA
An employee comes to your office and says he wants to anonymously make a complaint to the US Occupational Safety and Health Act. He doesn’t want his identity known to his supervisor, who told a group of employees that he would make life difficult for anyone who complained about working conditions.
Right a memo to your boss:
1. Summarize the basic employee right to file a complaint with OSHA.
2. Does the employee have a right to file an anonymous OSHA complaint?
3. As the HR director, specifically address how your boss should handle the complaint about the supervisor’s actions. Be specific.
You must substantively respond to two colleagues.
Use a minimum of two HR/legal references to support your conclusions. Here are a few to get you started.
https://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
https://www.osha.gov/law-regs.html
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