Vermont 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
Vermont does allow for employers to drug test job applicants after a conditional offer of employment has been made. The state also allows employers to drug test current employees if there is probable cause/reasonable suspicion. However, random testing is absolutely prohibited.
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.
Now, if the employee fails or receives inconclusive results, the employer will have to terminate the employee, rather than merely withdraw the job offer.
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.
Vermont does allow for employers to drug test job applicants after a conditional offer of employment has been made. The state also allows employers to drug test current employees if there is probable cause/reasonable suspicion. However, random testing is absolutely prohibited.
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.
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.
Drug testing and your rightsYour employer may decide to test employees for drugs. To do this, however, they need the agreement of employees. This should normally be given where your employer has grounds for testing you under a full contractual occupational health and safety policy.
