Drug-Free-Workplace-200x300How can my company be successful in cases involving a  violation of our substance abuse policy?

This is a question a lot of employers ask when they feel an employee has violated their substance abuse policy.  They tell us the employee:

Although these are great indicators that your employee is under the influence of drugs or alcohol, these indicators will not help the employer meet their burden of proof.  When an employee demonstrates this type of behavior, you should immediately follow your policy and have them tested.

For you to be successful, you will need the following items:

  1. The substance abuse policy that your company has in place.
  2. The signed acknowledgment showing the employee was aware of this policy.
  3. The chain of custody form in which the employee signs stating the sample being tested was sealed in their presence.
  4. A letter from the Medical Review Officer showing the levels of alcohol or drugs in the employee’s system AND what they mean, such as what is normal versus abnormal. (In some cases the MRO might need to actually testify at the unemployment hearing).
  5. Lastly, the witness should be the individual who informed the employee of the results and handled the separation.

These are not easy cases to win, but if you follow my five simple steps above, you should be successful in these types of cases.


Contact CCC to see how we can save your organization time and money.
Contact our Sales Team
(800) 207-6926

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