Frequently Asked Questions
Q: If I have to test an employee for pre-employment, reasonable suspicion or post accident, can they continue to work while we await the test results?
A: Absolutely not. There is serious risk of the employee having an accident during this time. If the test result were to come back positive and an accident occurred during the wait time, you would be liable for allowing an impaired individual to work.
Q: How does an employee get back to work once they test positive?
A: This should be clearly stated in your policy, but generally, they have to perform three steps. First, get a substance use disorder evaluation. Second, follow through on all recommendations of the evaluator. Last, produce a negative test result.
Q: If I am sending an employee to take a test for reasonable suspicion, can I let them drive themselves?
A: No. If you are exercising the reasonable suspicion portion of your policy, it is your determination that the employee is impaired. The organization will be liable for allowing an impaired individual to drive away in a vehicle (company or personal) and they cause an accident in transit.
Q: If my Third Party Administrator (TPA) calls me and says that an employee is positive and needs to be removed from the job site, can they finish out the day?
A: No. The employee needs to be removed immediately. If they cause an accident any time after you have been notified of their status, the organization is liable for the damages.
Q: Can our organization conduct random testing?
A: This is left to state statute and varies from state to state. Some states allow it, some do not, and others will under certain criteria. Check your state statutes or call your TPA to find out what the guidelines are in your state.
Q: What do I do if an employee refuses to take a test?
A: This should be spelled out in your policy. Most programs view refusal to test as action that is not in compliance with the policy and the employee is removed from the job site and/or terminated for refusal to comply with the stated policies.