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Drug testing law... I don't think this article is right

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  • Drug testing law... I don't think this article is right

    We have a subscription to "HR Specialist Employment Law" newsletter. In the question and answer section, an employer asks about an employee "who confessed to using illegal drugs. His drug test came back positive." and if they can randomly test him.

    In the answer, the following is stated: "But be aware, that some states (including Kentucky) require employers to extend an offer of treatment in lieu of discipline following a fist positive test."

    I work in Kentucky and have never heard this. If we test someone, and they are positive, we usually terminate them. Is this true that on a first offense they must be offered some sort of treatment?

    I appreciate the advice!

  • #2
    https://www.nolo.com/legal-encyclope...-kentucky.html
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Not my area of expertise but ADA is the one possible exception I have seen for drug related terminations. Lady Catherine would know more. Also testing someone because of something said is not "random" but rather "on reasonable suspicion of drug use".
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        I'm traveling and don't have my materials immediately to hand. Is this something that can wait till after the holiday? I'll have more information then.

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        • #5
          Well, I ended up talking to the author. Apparantly, the editor cut part of the article to make it fit in the publication. It actually was supposed to say "Kentucky does not...." I hope no one changed their policy based on that article!

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          • #6
            I used to write articles for a monthly payroll publication and having an editor who did not understand payroll, and whom considered direct quotes from payroll law or regulations to be improper use of English got tiresome at times.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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