“drug-free workplace”

Discussion Topic #1 Drug Testing in the Workplace

https://youtu.be/eOWPg5k6mIM

Today, it is quite common for employers to have random drug testing  policies and procedures in place for their employees and staff. In most  cases, employees must be willing to submit to and pass a pre-employment  drug test and then agree to additional random drug screening throughout  their employment with the company to help ensure a drug-free work  environment. However, in most cases, the employer usually needs to have  at least some level of suspicion before requiring an employee to submit  to drug testing.

And while marijuana is now legal in several states, it is still  illegal on the federal level, which can complicate things for some  employers. This means that employers can still require testing and set  consequences for employees who test positive for marijuana use. These  consequences can include enrolling in a rehabilitation program, loss of  benefits, and even termination. However, for an employer to conduct  legal random drug testing there are several steps they must follow.

As the HR manager, it falls upon you to create a detailed written  “drug-free workplace” policy, that provides your employer and company  employees with legal protection. This policy will have to be provided to  each and every employee for them to refer to at any time. They must  sign and date a copy of the document providing proof that they have both  read it and understood it before you place it in their personnel file.  There are states with laws in place that require employers to provide  current and potential employees with a written drug testing policy.  There are also states who require state approval of any written drug  testing policy before it is put in place.

It is your task for this discussion to craft a memo to your boss,  based on a specific state law, answering the questions below. Do not  pick a state that does not have a drug testing policy law,  Pick one of  the states that requires employers to provide current and potential  employees with a written drug testing policy (a link to assist is  below). You will have to research the specific state law.

Here is a link to get your started. https://www.ohsinc.com/info/state-drug-testing-laws/

1. Set out the specific requirements for conducting a legal  “drug-free workplace” policy specifically on random drug testing. For  each specific requirement in your policy, provide short justification  for inclusion in the policy [i.e. notice requirements, who is to be  tested, now often, consequences for refusing to take a random drug test  etc.].

2. Next provide a general “drug-free workplace” testing plan. Some  things to consider for your memo are what specific subjects should be  included in the policy memo, except random drug testing which you will  discuss in 1. above [i.e. pre-employment testing, scope of testing, list  of drugs to be tested for, employee retest request, consequences for  violating drug policy, reasonable suspicion,  what should occur if  employee tests positive, etc. This is not an all-inclusive list of  subjects to be considered in your general workplace drug testing policy  memo.]

You must substantively respond to colleagues. Use a minimum of one HR/legal reference to support your conclusions.

Here are additional links for you to reference.

https://employment.findlaw.com/workplace-privacy/drug-testing-at-work.html2

https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter5-3.html

Discussion Topic #2 Progressive Discipline

https://youtu.be/e7d5oW5Ahdo

Situation – You are the HR director at the State of Maryland  Department of Health and Mental Hygiene.  A supervisor Josie comes to  you and says that they are having various issues with the office  manager. Over the past few weeks, the office manager, named Sam, has  been arriving at work consistently late. Josie, Sam’s direct supervisor,  has spoken to Sam several times about timeliness and reports that Sam  is having “personal issues.” On some occasions, although Sam’s jacket is  thrown over the chair in the office, no one can find or reach Sam for  several hours at a time. The supervisor Josie suspects that Sam is  slipping out of work. Most of the required reports from Sam are  submitted late, and when they are turned in, these reports often have  numerous errors in these important reports.

The supervisor Josie wants to terminate Sam, the office manager,  immediately, but is willing to listen to your HR advice on progressive  discipline and what should be done with this employee. There is a  concern that the employee might retaliate by claiming discrimination,  since Sam is a member of a protected class.

1. Based on Maryland state law, write out a plan, addressed to the  supervisor Josie, which includes steps of progressive discipline,  timing, documentation, and potential termination, if the earlier steps  do not achieve the needed results.

2. Include steps that can be taken and documentation that may be  needed to protect the organization against a possible claim of  discrimination.

Use a minimum of two HR/legal references to support your conclusions. You must substantively respond to colleagues.

Here are some references for you to consider:

https://health.maryland.gov/ohr/Documents/Documents/new-employee-handbook.pdf

http://gosmallbiz.com/progressive-discipline-steps-to-take-before-termination/