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Old 06-09-2007, 04:34 PM   #1
beaucoup fish
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Exclamation Trouble Interpreting Policy

Hey guys,

Its my first post here and all of you have been wonderful sources of information. I was hoping that someone here might be able to help sort out my employment issue with me. Here is my situation:

This past Thursday, I began working with my company. Prior to employment, I was required to give a urine sample to Quest Diagnostics. I was told it takes two days to process said sample. I gave the sample Monday of that week and received no phone calls or e-mails regarding the status of my sample. This being said, because this was a preemployment condition, I assume I passed (I started working). Yesterday, my roommate wanted to celebrate the new job with me, so I took a few puffs off of his bowl. Enter paranoia. I've been
thumbing through the employee handbook and I am not clear if my company regularly drug tests employees after they've been hired. This being said, I have included the entire company drug policy in this post and I am hoping for some assistance with interpreting it. Additionally, I have nothing to worry about my preemployment test now, correct? I must have already passed if they've hired me, right?

Policy:
Substance Abuse

The Company reserves the right, as a condition of continued employment, to require any employee to undergo searches and medical testing when, in the Company's judgment, there is reason to believe that the employee has violated the policy.

Employees may be required, as a condition of continued employment, to consent and submit to physical or chemical tests for the presence of controlled substances, illegal drugs, or alcohol. Tests will be conducted by medical personnel and submitted to a qualified laboratory for analysis. A positive test of refusal to sign a Consent Form or to submit to medical testing may be grounds for termination. All information and records of drug or alcohol tests conducted pursuant to this Policy are confidential and the Company will only release such information in accordance with applicable laws.

And here are the "Prohibited Activities:"

The illegal use, sale, distribution or possession of covered substances while on the job or on Company property will result in immediate disciplinary action, up to and including termination.

Activities strictly prohibited on Company premises or while on Company business include:

1. The sale, distribution purchase, transfer or transportation of any controlled substance or illegal drug;

2. The possession or use of any controlled substance or illegal drug

3. Being under the influence of alcohol, unlawful drugs or controlled substances, regardless of whether they were consumed on Company premises, and regardless of whether they were consumed before, during or after work or break time

Activities that are inconsistent with Company policy, regardless of whether they occur while the employee is on Company premises or business and that will be subject to corrective action up to and including termination include:

1. Activities such as the sale, distribution, purchase, transfer, transportation, possession or use of illegal drugs or controlled substances in circumstances that could adversely affect the security, welfare, or morale of Company employees;

2. Activities that pose an actual or potential threat of any kind to Company property or safety of its customers;

3. Activities that could by actual or potential publicity adversely affect the Company, its reputation or its ability to conduct any aspect of its business;

4. Conviction of criminal offenses relating to the sale, distribution, purchase, transfer, transportation, possession or use of illegal drugs or controlled substances

That about wraps it up. Let me know what you think!

Thanks,
BF
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Old 06-09-2007, 04:43 PM   #2
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Default

A. Hi, and welcome.

B. With no knowledge supplied about your usage history prior to your test in your post, it is impossible for anybody here to give you any sound opinions about whether you passed your test. The fact that you have not yet been called is pretty good evidence you passed but not absolute. I think sec3 has said in the past that if you're not called by the MRO in 48 hours, you passed, but I could have that wrong.

C. It is clearly stated, albeit in the most vague of legal linguistics, that basically your employers can decide to test you whenever they "feel like it," as long as they have suspicion to believe you are abusing substances in their humble opinions. The policy also says you must consent to the test, and if not then your refusal to consent to the test in and of itself can be sufficient grounds to terminate you.

It's there in plain English, and seems pretty iron clad. So if I were you I'd keep the knowledge of your marijuana strictly on a need-to-know basis with your fellow employees and simply be the best darm employee they have. And don't piss off any coworkers, especially those who know you smoke...they'll rat you out to the bosses and say you're acting peculiar...maybe you should be drug tested.

Later
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Old 06-09-2007, 04:50 PM   #3
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Default Regarding Past Usage

Regarding my past usage, prior to the test, I stopped smoking for over fifty days. I also took three home tests for confirmation purposes. All of which were negative prior to taking the actual test.
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Old 06-09-2007, 05:03 PM   #4
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MRO should call within 3-6 days.

You probably passed with no problems

The employer can test you if they have cause, suspicion, or even if you are charged with a possession charge by the local PD.

It is basic standard (purchased off the internet) drug testing policy meant to satisfy any government and/or large corporation who requires it of it's suppliers. It is a "one policy fits all" type of document. There are no company specifics, no EAP (Employee assistance policy) mentioned, no DER (Designated Employer Representative) named, etc...

There is no indication that they perform random testing, however; there also is no indication that they do not perform random testing.
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Old 06-09-2007, 05:15 PM   #5
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There is no indication that they perform random testing, however; there also is no indication that they do not perform random testing.

My thoughts exactly
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