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Drug testing- Ohio

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  • Drug testing- Ohio

    Hello, I could personally careless about how often we get drug tested but our new boss is more and more doing things that I know are wrong(breaking contract agreements etc) and also alot that im not sure about. People used to get drug tested for example after some kind of accident or suspicion of some sort, but now he is having anyone and everyone getting automatic drug tests simply for being late, calling off or anything now. I can understand people that are constant problems and/or have a consistant pattern of being late etc, but its anyone now, no matter what the reason. Ive already asked some question about this boss in Labor laws forum..."where can we turn, ohio"
    I work with a fellow worker, outstanding worker...missed maybe 2 days last year...absolutely does everything he is asked to do, comes in, stays over etc. We work swing shift, and he called off day turns with the flu, they needed someone to cover the 3-11 shift, so the boss calls him and askes if he would come in anyways for 3-11s for him, he says ok i guess i can...well when he shows up for 3-11s, they automatically take him out for a drug test...after he comes in to help them out, he passes of course, outstanding kid....but it just seems like our boss is out of control. He doesnt trust anyone, no matter what, accuses us all of lying, being lazy workers no matter how much we do.

    So is he in the right for this? testing for any reason? I always thought it was under suspicion etc.

  • #2
    Right? Morally - probably not.

    In all legal terms, I don't think he is going to be found as wrong.

    Unfortunately - I don't think an argument would fly in court unless a situation were to occur where one employee was drug tested every day for several weeks without just cause.... but it's all about the free world... he, or anyone else, can remove themselves from these situations at any time.

    Comment


    • #3
      Thx for the reply merfy,

      ...sure wish finding another job that can keep food on the table and the lights turned on was that easy. Its really a sad situation....it seems we have more rights out in the public, on the streets etc then at our second home, work.

      Comment


      • #4
        Drug testing laws are all over the map and are state specific. In Ohio, "under suspicion" is only one of the legal and valid reasons an employer may require drug testing. Random testing is not illegal in Ohio.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          I think the repetitve course this poster is talking about goes further than random. I'd suggest talking to a lawyer or the state Dept. of Labor. What that boss is doing might be considered harassment.
          I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
          Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
          I also may not have been either sane or sober when I wrote it down.
          Don't worry, be happy.

          http://www.rcfp.org/taping/index.html is a good resource!

          Comment


          • #6
            Ohio does not prohibit testing for the illegal use of any controlled substance by employees.

            However, it does seem the employer is being a little excessive in this case.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Originally posted by cbg View Post
              Drug testing laws are all over the map and are state specific. In Ohio, "under suspicion" is only one of the legal and valid reasons an employer may require drug testing. Random testing is not illegal in Ohio.


              Thx for the reply cbg,

              I understand testing for "suspicion and randoms" are fine...but is there more causes for testing? And is.... "just because I want to test him" one of them?

              thx

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              • #8
                Thx cactus, ill look into that

                Comment


                • #9
                  Yea I agree Betty3, I guess my question is, is "excessive" illegal etc.

                  Comment


                  • #10
                    Probably not unless the employer is doing excessive testing only of employees of a protected characteristic (ie age, religion, race).
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      I'd say that from the sounds of it the super is trying to intimidate the employees. "Gotta show them who the boss is" routine.

                      I'm think that at least he's gotta file a formal signed complaint (not just his, but everyone that agrees with him) with his super's super. Follow the chain of command, and document everything. And technically I think they might qualify for Whistleblower Act protection (though that really doesn't help much to begin with). It may not be an actual federal OR state vio, but the intimidation appears to be causing a fair amount of undue stress and grief amongst the co-workers, therefore creating a hostile and unsafe work environment. And the employees that sign the complaint should be protected from any repercussions as they are merely trying to peacefully resolve a problem with management by, I presume, adhering to company policy of following the chain of command.

                      IMO.
                      cactus jack
                      Senior Member
                      Last edited by cactus jack; 03-23-2008, 05:54 AM.
                      I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                      Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                      I also may not have been either sane or sober when I wrote it down.
                      Don't worry, be happy.

                      http://www.rcfp.org/taping/index.html is a good resource!

                      Comment

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