Every company has a substance abuse policy. Whether the policy is published or not; whether the company chooses to test or not test; whether the company takes action or does not take action in any given circumstance; every decision or lack of a decision is a choice that frames the company’s policies and procedures.
Errors of commission (e.g., drug/alcohol tests conducted improperly) can create potential liabilities for the company, particularly in regard to lost employment or wages.
Errors of omission (failing to test when warranted, failure to take appropriate action) can create even greater potential liabilities, particularly when the public or the company’s customer experience a loss resulting from the company’s failure to take action.
Errors of commission or omission for services out-sourced by the employer (e.g., specimen collection, laboratory analysis, and medical review of lab results) are comparatively rare (because the out-sourced services are provided by people who are more experienced in substance abuse testing protocols); and when they occur, they can typically be remedied at little or no cost (with rare exceptions) to the employer.
On a scale of 1:10…maybe <1.
Errors of commission for policies, procedures, and/or other actions by the employer are (in our experience) by comparison much more likely to occur and when they do occur, are much more likely to lead to employment disputes and other actions implemented on behalf of the employee. On a scale of 1:10…maybe 1-2
Errors of omission regarding policies, procedures, and/or other actions by the employer have great potential to result in liabilities that may test (or exceed) the limits of your company’s liability insurance…for example, a recent case (settled for $1,000,000) in which a company was held liable for the death caused by the company’s driver who the company “should have known” had a condition “that could impair his driving.” (Think about that the next time you’re tempted to accept a driver’s M.E. Certificate from a previous employer vs requiring the driver to get a new M.E. Certificate from your company’s medical examiner.) On a scale of 1:10…10+
What you don’t know can cost you…dearly! So…how do you know what you don’t know? You might want to seek out someone who is knowledgeable in the field in which you lack knowledge and see if you can get some help…someone with the credentials and experience you lack…someone who will be available to help you and guide you as situations arise…someone who specializes in substance abuse testing…that would be us!
To learn how you can enroll in a Drug Screens Plus testing program,
contact Jim Carlyle at 800-459-9012 xt 787.