Kentucky 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
Employers are allowed to conduct random drug screens, as well. In order for random drug screening to be legal, employees must be randomly selected, with no bias, prejudice, or favoritism.
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.
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.
Can your employer randomly test you? Yes, random drug or alcohol testing is often implemented in an attempt to deter employees from misusing these substances. These tests must be genuinely random, it is potentially discriminatory to target an individual or group of employees for testing.
Drug testingSome employees will be asked to take regular or random drug tests by their employers. The reason given for this is normally health and safety, so you are more likely to be tested for drugs if your job involves safety-critical work such as driving, operating machinery or looking after vulnerable people.
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.
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.
Workers can't be made to take a drugs test but if they refuse when the employer has good grounds for testing, they may face disciplinary action.
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.
The drug testing policy for employees of the Kentucky State Police includes sworn and civilian employees, and cadet applicants. The objective of the program is to guarantee a drug-free workplace by eliminating the use of illegal drugs and controlling the misuse of prescription drugs and alcohol.
