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blogo24

I am in my third week of employment.

No test upon pre-hire, no test after first week of work.

Policy book says they abide to the Drug-Free Workplace Act of 1988.

No were did I have to sign to agree to any type of testing. (random/preemp/post accident/scheduled)

I even read on google that the Drug-Free Workplace Act of 1988 does not REQUIRE testing.

My question: Think I am in the clear?

Thanks

Blo Go

 

Sec

Yep, I would think after 3 weeks, they don't test.

They are only required to have a drug and alcohol policy and offer an employee assistance program. Could be as simple as referring you to a counselor if it is discovered you have a problem with either drugs or alcohol or as elaborate as paying for in-patient treatment.

It might state something to the effect that the company bans any posession, transfer or sale of illegal substances while on company property and your vehicle and/or personal possessions can be subject to search while on company property, etc., etc.

That is complying with the Drug Free Workplace Act of 1988. They don't actually have to test people.

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blogo24

Thanks Sec3, you are wise beyond your years.

Thats exactly what it says, a program to help and no use on company time.

I guess im still wondering, since they did not list testing at all in the written policy, if they have waived their right to test? Or are their asses saved since they "comply" with the Act?

Would they need to have everyone sign something if they began a testing program and must they give the required 60 day notice?

Thanks

Blo Go

Sec

No, the company can implement a testing program at any time. Usually, most companies give at least 30 - 60 days notice of any implementation of a drug testing program.

No again, they don't need to have you sign something. If it is the company policy, and they review it at a safety meeting, for example, and you signed that you were at that safety meeting, that is all they would need. They don't even need that, but most do it that way.

IF you don't want to be tested, you have the option of resigning and finding other employment; that is your choice. IF you don't like the conditions of employment offered by the employer, then you have no right to make the employer change their conditions to fit what you want. It is their company, they can do what they want with it. You agreed by working and receiving a paycheck.