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November 12th - Monthly Luncheon November 16th - IFMA Austin Fall Golf Tournament December 3rd - IFMA Austin Holiday Party |
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Thursday December 3rd 6-10pm at Crowne Plaza Casino Tables, Great Prizes, Great Food GREAT FUN!!!!! Cost $20 for professional members $35 for vendors Event Sponsor Sponsorships available Register Online
"ASK STEEVES" by Steve Dillawn You, an employer, suspect that an employee has shown up for work under the influence of alcohol or drugs. What are your options? In many circumstances, an employee under the influence creates a safety issue – for example, when the employee operates heavy machinery, has direct contact with customers, or is involved with any form of manual labor. For this reason, it is imperative in every case to immediately remove an employee suspected of drug or alcohol use from the workplace. Otherwise, the employer is risking liability for injury to customers, other employees, or even the impaired employee. That is the easy and obvious immediate solution. But what then? For most employers, the best practice is to maintain a zero tolerance policy regarding an employee’s alcohol or drug use. Zero tolerance means adopting and enforcing a policy which provides for immediate termination of any employee found to be either using or under the influence of alcohol or drugs while on the clock. The policy should require any employee suspected of being under the influence to immediately submit to a drug test. Arrangements can be made with local certified toxicology laboratories to conduct urine drug screens. The policy should also provide for the immediate termination of any employee who refuses to submit to the drug screen. Every employee should be provided with a copy of this policy, which should also be prominently displayed in the workplace. In addition, each employee should be required to sign an acknowledgement that he or she has read and understood this zero tolerance policy. Any zero tolerance policy sometimes leads to harsh consequences in situations in which there may be mitigating circumstances, such as when a prescription medication has caused a positive drug screen. To address these situations, the policy can provide for a formal or informal review or appeal process to allow the employee to present these mitigating circumstances. As with any policy, such a zero tolerance policy must not only be adopted but also enforced. “Looking the other way” when a valued employee’s drug or alcohol use is suspected or confirmed will not only set a poor precedent but can subject the employer to possible liability. "Ask Steeves" will be a regularly featured article in the newsletter, so if you have any legal questions, please direct them to Steve Dillawn.
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IFMA EDUCATION |
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www.ifma-austin.org |