Idaho Memo to All Employees Regarding Drug Testing
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How to fill out Memo To All Employees Regarding Drug Testing?
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FAQ
Indiscriminate testing of employees for drug use is an intrusive and degrading process that undermines our most deeply held tenets of fairness and privacy in the workplace. It should not be surprising, then, that a recent study concluded that workplace drug testing lowers productivity.
You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers.
Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.
The most common consequence that a worker can face if they refuse to take a mandatory drug test is that they will be terminated from their job. Alternatively, if they are a prospective candidate for a job, then they will most likely not receive a job offer.
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.
Idaho employers are allowed to drug test applicants as a condition of employment. The employer must have a written drug testing policy that is available for applicants to review.
2. Policy Statement. Some Boise State employees work with Controlled Substances or health care Clinical Sites that require drug and/or alcohol testing because of the safety sensitive nature of the work. This policy was adopted to comply with the requirements of various outside agencies' demands.
The Boise, Caldwell and Kuna school districts also do not drug test as part of the hiring process. The Nampa School District says it does drug test all teachers and staff before hiring them. The issue of drug testing teachers and staff has people talking.
Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.
