There is a most contentious labor issue for both employers and employees, the notion of maintaining a chemical free environment. Almost every employer wants their workers functioning at their peak, and most would agree that means they must be unhampered by the influence of chemicals. One of the easiest ways to initiate a fair process or this purpose is by using mobile drug testing Texas.
Merely having good intentions is not enough to successfully create a program to keep the influence of chemicals out of the workforce. Unfortunately, there is no universal law to facilitate this process. The federal government passed legislation mandating employees be tested for illegal substances, but it made its provisions applicable only to federal employees.
In certain occupations, primarily those which affect large portions of the public, employees are subject to the federal law, such as long haul truck drivers or oil pipeline workers. The Lone Star state has not made such examination mandatory, but allows employers freedom to implement a program with few restrictions. The implementation of a no tolerance process that results in immediate termination for a positive test is also legal.
States can give considerable latitude to employers in implementing policies to keep chemicals out of the workplace, but there are still basic protections for all US citizens spelled out in the constitution. Employers seeking to initiate a program would do well to research the legal protections to avoid any complications. Fairness and reasonableness are the keys to success.
The Fifth Amendment to the constitution protects us from policies that do not allow for due process of law. This means the employer must be careful in the application of such processes. The assessment must be impartially and fairly implemented across logical sections of the labor force or across all employees.
Another concern is whether or not every employee must be subject to substance abuse policies . The courts have held that it is legal and fair to include employees involved in dangerous and difficult and leave other employees out. This reasonable clause means that those jobs which have greater risks are a logical group for inclusion, but the protection is that if a certain group is selected, then all of those employees similarly employed must participate.
For employers, successfully initiating a program is facilitated by focusing on handling the process in a fair and equitable manner. A safe, fair and effective program will address four issues. What constitutes a violation of such a policy, will all employees be covered, what will the results be for a positive test and will the company allow any leeway for rehabilitation?
When a company elects to act to ensure their work force remains free of illegal substances in the sincere effort to keep workers and the public safer, they will succeed. But even the best run programs can leave employees feeling anxious about the process. Using an impartial outside agency like mobile drug testing Texas can resolve the issue.
Merely having good intentions is not enough to successfully create a program to keep the influence of chemicals out of the workforce. Unfortunately, there is no universal law to facilitate this process. The federal government passed legislation mandating employees be tested for illegal substances, but it made its provisions applicable only to federal employees.
In certain occupations, primarily those which affect large portions of the public, employees are subject to the federal law, such as long haul truck drivers or oil pipeline workers. The Lone Star state has not made such examination mandatory, but allows employers freedom to implement a program with few restrictions. The implementation of a no tolerance process that results in immediate termination for a positive test is also legal.
States can give considerable latitude to employers in implementing policies to keep chemicals out of the workplace, but there are still basic protections for all US citizens spelled out in the constitution. Employers seeking to initiate a program would do well to research the legal protections to avoid any complications. Fairness and reasonableness are the keys to success.
The Fifth Amendment to the constitution protects us from policies that do not allow for due process of law. This means the employer must be careful in the application of such processes. The assessment must be impartially and fairly implemented across logical sections of the labor force or across all employees.
Another concern is whether or not every employee must be subject to substance abuse policies . The courts have held that it is legal and fair to include employees involved in dangerous and difficult and leave other employees out. This reasonable clause means that those jobs which have greater risks are a logical group for inclusion, but the protection is that if a certain group is selected, then all of those employees similarly employed must participate.
For employers, successfully initiating a program is facilitated by focusing on handling the process in a fair and equitable manner. A safe, fair and effective program will address four issues. What constitutes a violation of such a policy, will all employees be covered, what will the results be for a positive test and will the company allow any leeway for rehabilitation?
When a company elects to act to ensure their work force remains free of illegal substances in the sincere effort to keep workers and the public safer, they will succeed. But even the best run programs can leave employees feeling anxious about the process. Using an impartial outside agency like mobile drug testing Texas can resolve the issue.
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