MACO JPIA Risk Management Service. Follow up Training for Drug and Alcohol Reasonable Suspicion Training Puiggari & Associates Michele Puiggari Fall 2012. Introduction.
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Follow up Training for Drug and Alcohol
Reasonable Suspicion Training
Puiggari & Associates
4) If the applicant/employee failed a drug test in the past 2 years they cannot be put in the position requiring the CDL unless there is proof they completed the SAP rehabilitation program.
1) Keep them in the random pool; This means that you must make a good faith attempt to contact them and have them go in for testing immediately if they are chosen for a test. If they aren’t tested document why and send them for a test before they start work again.
2) Remove them from the pool. BUT if you remove them from the pool then under the FMCSA regulations you must retest them (like they are a new employee applicant) BEFORE they start work requiring a CDL. This can be costly.
Answer: DO NOT TERMINATE IMMEDIATELY. However, the employee must immediately be removed from the position requiring the CDL.
Under Montana law any government employee must be given process before they are terminated. It is recommended that:
1) If the person is an applicant and fails the test you do not hire them. You are not hiring them because they cannot perform the essential function of the job (an essential requirement would be that they have a CDL);
2) You have a policy (in the drug/alcohol testing policy) or termination policy that states any employee that fails a test will be given the right to respond but that if they cannot perform the essential function of the position (driving which requires a CDL) they will be terminated;
3) If an employee fails a test (refuses to take or numbers indicate drugs/alcohol in their system), the employee must immediately be removed from their position. They should then be called in, told the results, told they cannot perform their job and that you are proposing to terminate them. They should also be informed they have the right at their expense to have the split sample tested. The employee should then be asked if they have anything to say. MACO JPIA should be informed. Once this process is done the employee should then be terminated for the inability to do their job.
4) If you wish to rehire them at a later date, if they will need a CDL to do the job, the employee can only be rehired if they complete the rehabilitation (return to duty) process and they have a negative test;
5) If there is a Collective Bargaining Agreement, follow the process in it. However, no Collective Bargaining Agreement can preempt Federal Law. This means that you cannot put the person back into any position requiring a CDL if they have not gone through the rehabilitation process.
Bruce Holmes 406-449-5304