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When disabled employee tests positive, prepare to dig deep into prescription history

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in Employment Law,Human Resources

Does your organization test employees you suspect are under the influence of drugs and alcohol at work? If so, make sure you understand your obligation to disabled employees who may have been prescribed medications that can trigger a positive drug test response.

Those employees may ask for reasonable accommodations related to banned-substance testing. If an employee explains that the test may come back positive because she is taking a legally prescribed substance, you must discuss possible options.

That doesn’t mean you always have to excuse a positive test result. For some jobs, there may be no “safe” level of intoxication or influence. Before taking final action, consult your attorney.

On the other hand, only drugs prescribed for disabilities under the ADA merit consideration.

Recent case: Venus worked as a flight attendant for Delta Airlines for seven years. She claims to suffer from a number of disabilities, in...(register to read more)

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