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The following article was published in our article directory on September 29, 2010.
Learn more about SpinDistribute Article Distribution System.
Article Category: Business Management
Author Name: Lawrence Earl, MD
Consider these two scenarios:
Example A: Three months after being hired, a city bus driver informed his supervisor of his alcoholism and requested leave to enroll in a rehabilitation program. The driver explained that he had been sober for more than 10 years until he recently started drinking beer before bed since his recent separation from his wife. After four months of rehabilitation and counseling, the driver was cleared to return to work. Given the safety risks associated with the bus driver's position, his short period of employment, and recent completion of rehabilitation, the city can show that it would be job-related and consistent with business necessity to subject the driver to frequent periodic alcohol tests following his return to work (EEOC, 1992).
Example B: An attorney has been off from work in a residential alcohol treatment program for six weeks and has been cleared to return to work. Her supervisor wants to perform periodic alcohol tests to determine whether the attorney has resumed drinking. Assuming that there is no evidence that the attorney will pose a direct threat, the employer cannot show that periodic alcohol testing would be job-related and consistent with business necessity" (EEOC, 2000).
Currently, nearly 14 million Americans abuse alcohol or are alcoholic. Several million more adults engage in risky drinking that could lead to alcohol problems, including binge drinking and heavy drinking on a regular basis. With proper support and treatment, many are able to return to a normal productive work life and control their problems with alcohol abuse. As with many other conditions, however, treatment comes with varying degrees of success. Your substance abuse workplace policies should include procedures for an employee returning to work after completing a treatment program.
Should they undergo a fitness for duty exam? Should they have follow up monitoring or drug/alcohol testing?
To answer these questions, you need to have a written substance abuse policy. You also need to determine if the employee is in a safety senstive position, almost always requiring a follow up testing program, or if their condition is likely to interfere with the essential elements of their job, and are you able to make any accommodations?
A typical Substance Abuse Return to Work agreement procedure would be as follows:
Return to Work After Medical Leave
1. Employee is sent to (employee health or contracted medical provider) for the purpose of determining fitness for duty after a medical leave and prior to job re-entry.
...click the link below for the rest of the Return to Work Agreement...
Keywords: health and safety policies, employee health program
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