WEBVTT

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Our company conducts
pre-employment drug testing

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as well as accident
investigation testing.

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Well just last week, a guy tested
positive after an accident

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But he said it was just because

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he had taken his wife's sleeping
pills the night before.

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We had to fire him because
of the test results,

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but was that really legal?

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Drug testing can be a valuable,

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and sometimes, legally required
tool for hiring,

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monitoring and investigation.

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It serves to protect your employees,
vendors and customers -

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yet, it can also be one of the
most controversial issues

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facing companies today.

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For example, a faulty or
mishandled testing program

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could result in legal action if someone
feels discriminated against...

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...or defamed by a false positive.

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If your organization does have
a drug-testing program,

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it's important to know
the details of its use

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and the disciplinary procedures
that may come into play.

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Legally, a drug and
alcohol-testing program

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CANNOT be sprung on employees
without fair notice.

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As a manager, make sure your employees
and potential employees

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are aware of all testing policies
and procedures.

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The Federal Drug-Free
Workplace Act of 1988

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acknowledged the growing problem
and set specific standards

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for organizations that
are federal contractors.

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Many other employers who were not
covered under the act followed suit.

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And practically every state now
has some regulation

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or state law that allows -
but does not require-drug testing.

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Communication and prior notice about
the testing programs requirements

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must be a priority.

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Otherwise, you could find
yourself facing a lawsuit.

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Know your role in the program.

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It's the only way you can assure your
actions - in regard to it -

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are lawful and fair.

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One question a lot of
managers have is...

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...do drug testing programs
do any good?

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According to studies, companies
with drug testing programs

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have lower rates of accidents,

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absenteeism, and employee turnover,

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and higher rates of productivity.

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So yes, they are effective.

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Another common question is

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what to do if an employee
refuses to take the test?

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Many organizations have policies
that say that employees

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who refuse to take the test
can be fired,

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and those policies have been
upheld by the courts.

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Find out what your
organization's policy is.

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Finally, if you do a drug test
and receive the results,

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those are absolutely confidential.

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Don't reveal them to anyone other than
management with a need to know.