Work is drug testing me, but for what?!

Factual Questions
21

[QUOTE=SweetHomeColorado]
I work for a restaurant… it’s a big time corporate deal (enough info)

The other night, I was using some chemicals to clean out a refrigerator and I felt light-headed… no biggie for me, I mean, come on! My head is in a fridge with cleaning chemicals, I almost of (albeit stupidly) expected it.
I stepped outside for some fresh air. Working the night shift, the managers left for a few hours before breakfast (yep, no management on duty) While I’m getting ready to walk back in and keep scrubbing, a coworker jaunts out with an open cell phone stating that the manager whom was supposed to be at the restaurant was on the phone and wanted to talk to me.
I told her, I felt light-headed, no biggie. I was ready to get back to the grind and instead, she sent me home. I understand that she probably did this for liability reasons but it urked my that I was unable to finish my shift when I felt fine. It turned out that a coworker was scared that if I passed out they wouldn’t know what to do so they placed the call.
Following this, I received phone calls from the company (both local and corporate) stating that I have to see a Dr. in order to get released to work again and that I’m in great shape. I was under the impression that the doctor’s bill was on my dime until I talked to the corporate ‘risk management’ rep on the phone today who said that the company foots the bill.
Further, I’m informed that per company policy, I have to take a drug test along with my Dr’s visit. Hey, that’s fine, I’m clean! but this is a bit over the line for stating the line “i feel a bit light headed”

I decided to suck it up and go in for the papers to get filled out, take the test, and get on with my job (im only 1 1/2 weeks on the job, btw)
The form is ambiguous as to what exactly they’re testing for. The company employee policy book states that they could test me for a plethora of drugs including opiates, amphetamines, barbituates, alcohol, etc.
And it hit me that I took a tylenol 3 for my back about a week ago, completely unrelated to work so I’m concerned I may test positively for that. I have the prescription but they never informed me who to provide this info to and when so that it doesn’t come back to bite me.

Can anyone fill in the blanks? I can’t work until I get this taken care of. I know that I need to see the Dr. in order to be cleared to work but what about the drug test? Can I get fired for testing positively although I have a valid prescription? Who do I show this to?

Has anyone dealt with this before? How did you deal with it?

ha, all because I said I was light-headed! sheesh! I hate this!
[/QUOTE]

Many employers have taken the stance that drug-testing protects the employer from an employee who claims a job-related problem, but whose “real” problem is the use of illicit drugs. In such an environment, any work-related problem is automatically accompanied by drug testing. By writing a policy that has no exceptions, the company cannot be accused of arbitrarily deciding whom to test. Moreover, the company may feel it is more protected against a liability claim brought by an employee whose injury was caused or exacerbated by the use of illicit drugs.

The obvious unfairness is that an employee who uses recreational drugs privately but works unimpaired may test positive for illicit drugs even though they were unrelated to the injury at hand. In a case where the employee simply reported non-specific symptoms, drug-testing can render the cause ambiguous–was it the drug use or the work environment?–providing an additional layer of protection from culpability.

Is it fair or unfair? That may be the topic for a different debate. I suspect there are those who abuse both sides of the equation.

Your drug test (if it was urine) will be a standard battery that likely includes the following:

Amphetamine
Barbiturates
Benzodiazepines (valium family)
Cocaine
Ecstasy (MDMA)
Methadone
Morphine/Opiates
Methamphetamine
Marijuana (THC)
PCP

The test is run from relatively inexpensive standardized kits. If a positive result has a prescription drug as a possible cause, you will be given a (private) opportunity to explain it away.

Good companies need good employees. The farces of our litigious, drug-use obsessed culture are many.

22

I have to take a drug test for my new job in a couple of weeks. I am getting over a cold, and have been taking pseudepenephrine. Will I come up positive for amphetamine?

I am drinking lots of water.

Regards,
Shodan

23

[QUOTE=Shodan]
I have to take a drug test for my new job in a couple of weeks. I am getting over a cold, and have been taking pseudepenephrine. Will I come up positive for amphetamine?

I am drinking lots of water.

Regards,
Shodan
[/QUOTE]

Are you sure it is not pseudoephedrine? Either way most of that class of drug is undetectable in urine after 72 hours.

24

I have nothing to add regarding the drug test, but your employer appears to be in serious violation of Health and Safety law! I’m not familiar with how your state handles it, but in both Ontario and Québec, you could file a complaint regarding both the cleaning product and the wall cleaning.

Cleaning product: Unidentified liquid, strong odour, causing immediate health effects upon exposure - that’s pretty serious. I have a feeling it was probably an ammonia solution, but if it’s that’s potent, it probably needs to be diluted, and if it can’t be, then you need an appropriate fume mask and gloves. The bottle needs to be fully labeled, complete with health risks, according to the WHMIS standards, or at least using the commercial products set of labels. You need to be made aware of the health effects before using the products, so that you know when to move away (you shouldn’t have to learn this by being exposed!)

Wall cleaning task: If you did not have appropriate shoes for the job, then you should not/cannot do the job. There is no logical reason why someone should be squeezed into a space, on a tiny, dangerous, slippery ledge, over a burning hot surface, in order to clean a wall. No Health and Safety inspector will let that happen. If that wall needs to be cleaned, then there needs to be a procedure in place that dictates that the oven is turned off and allowed to cool for X amount of time, that the oven be moved out of the way so that a person can get into the space, and if there is any climbing to be done, an appropriate non slip step ladder/stool is to be used. Ideally, this task would also be done with a second person on hand to assist with balance/etc (no ladder, even a short one, should be climbed when you are alone). If you are too short to reach, then an appropriate tool (scrubber on a stick!) ought to be made available to you.

I’m certain that it must be completely with your rights to refuse to work when asked to do a task that you consider to be unsafe. The employer would then have to listen to your explanation, evaluate and rectify the safety issue, and then ask you to do the task. If you still refuse, I presume your state has guidelines for that; it must have to go through some sort of paperwork/moderation to solve.

25

Here’s some info on the federal whistleblower laws.

26

I’d say the pink chemical was likely degreaser, which should not be used without gloves and should definitely not be inhaled. I’ve worked in food service for long enough (yeah, this bachelor’s degree is really paying off :eyeroll:) to have had that stuff give me the rash and dizziness the OP describes. Employers never seem to point out how dangerous these chemicals are. I guess they’re only dangerous if you get high first. :eyeroll:

Man, my eyes are getting tired.

27

Yeah, I meant to roll my eyes in there a couple times, and now it’s too late to edit… Just pretend these :rolleyes: :rolleyes: are up there.

28

[QUOTE=Shodan]
I have to take a drug test for my new job in a couple of weeks. I am getting over a cold, and have been taking pseudepenephrine. Will I come up positive for amphetamine?
[/QUOTE]

If you take it within a few days of the test, it’s possible (but not probable). I’d stop a week ahead of time to be on the safe side.

29

Drug testing 101: Erowid Drug Testing Vaults : The Basics

30

We have the same policy at my work: Workplace accident, then the next day you take a drug test.

I always thought this was pretty silly. I could be drunk off my ass and cause accidents and property damage. Then go home and sleep it off and “pass” my drug test the next day with flying colors…

31

[QUOTE=mnemosyne]
I have nothing to add regarding the drug test, but your employer appears to be in serious violation of Health and Safety law! I’m not familiar with how your state handles it, but in both Ontario and Québec, you could file a complaint regarding both the cleaning product and the wall cleaning.

Cleaning product: Unidentified liquid, strong odour, causing immediate health effects upon exposure - that’s pretty serious. I have a feeling it was probably an ammonia solution, but if it’s that’s potent, it probably needs to be diluted, and if it can’t be, then you need an appropriate fume mask and gloves. The bottle needs to be fully labeled, complete with health risks, according to the WHMIS standards, or at least using the commercial products set of labels. You need to be made aware of the health effects before using the products, so that you know when to move away (you shouldn’t have to learn this by being exposed!)

Wall cleaning task: If you did not have appropriate shoes for the job, then you should not/cannot do the job. There is no logical reason why someone should be squeezed into a space, on a tiny, dangerous, slippery ledge, over a burning hot surface, in order to clean a wall. No Health and Safety inspector will let that happen. If that wall needs to be cleaned, then there needs to be a procedure in place that dictates that the oven is turned off and allowed to cool for X amount of time, that the oven be moved out of the way so that a person can get into the space, and if there is any climbing to be done, an appropriate non slip step ladder/stool is to be used. Ideally, this task would also be done with a second person on hand to assist with balance/etc (no ladder, even a short one, should be climbed when you are alone). If you are too short to reach, then an appropriate tool (scrubber on a stick!) ought to be made available to you.

I’m certain that it must be completely with your rights to refuse to work when asked to do a task that you consider to be unsafe. The employer would then have to listen to your explanation, evaluate and rectify the safety issue, and then ask you to do the task. If you still refuse, I presume your state has guidelines for that; it must have to go through some sort of paperwork/moderation to solve.
[/QUOTE]

golf clap well said!
But who would I ask? We had only the employees present, the managers were gone… not outside, but AT HOME!
No ladders available, only milk carton crates.

It was my first week and a half on the job so I was learning the ropes which meant taking the word of the employees on what to do, especially when it came to cleaning.

No, there was NO label on the degreaser (pink stuff) it was in a clear plastic tub (without a lid) and a rag floating in the solution. I was not given gloves nor told anything except “clean the inside of the fridge”.

32

Oh, and is it odd that when I went back to work to get the paperwork for the drug test my boss handed me the cup that i will have to urinate in? shouldnt the doctor provide that?

33

A doctor doesn’t actually administer the drug test.

As for the pink stuff, find out where they fill the bucket and you’ll find out what it is.

I’m kind of doubting they did anything “wrong,” at least when compared to every other foodservice job out there. These places skirt the law all the time. The only reason you’re taking a drug test right now is that you didn’t keep your mouth shut about your dizziness.

And if you’ve only been there a week, you’ll probably be out of a job very quickly if you start making noise about the issue. Face it, employees in your position are expendable. Inexperienced ones, doubly so. Employees in a tight job market with more applicants than jobs, triply so.

IMHO, a lot of the advice you’ve been offered in this thread is great in theory, but doesn’t always work out so great in the real world. YMMV, I guess…

I’m not saying any of this is right, but that’s the way it is.

34

Whoops. Went to make another edit and missed the window. I guess the point I’m really trying to make here is that when you start talking about OSHA and lawyers, you suddenly become far more of a liability than an asset to your employer, especially at crummy jobs where non-complaining replacements are a dime a dozen.

35

Refrigerators are normally cleaned with a solution of water and bicarbonate of soda. What chemicals were you using? It is not normal to clean refrigerators with any chemicals.

36

[QUOTE=neutron star]
Whoops. Went to make another edit and missed the window. I guess the point I’m really trying to make here is that when you start talking about OSHA and lawyers, you suddenly become far more of a liability than an asset to your employer, especially at crummy jobs where non-complaining replacements are a dime a dozen.
[/QUOTE]

How can he be a liability to his company if they’ve done nothing wrong? What happened to the OP (two things) is what’s called a “near miss”, and should be addressed and discussed at a safety meeting. It’s possible the corporation isn’t even aware of the incidents.
Standing on a milk crate, indeed.

37

Well, who will I have to explain my prescription information to and should I bring proof? If it’s the company, I find that a bit uncomfortable since it’s personal information

38

All I ever heard of anyone having to do was to show the bottle to the boss. Maybe ask your doctor to give you a note?

39

I have heard of one company that did its own drug testing, but the vast majority outsource it to a company such as LabCorp. It will almost certainly be a 3rd party company doing your drug test, and that is who you will explain about your prescription to. There may be a few companies out there that administer their own drug tests, but even then it would be a safety or HR office separate from your management chain.

40

[QUOTE=Harriet the Spry]
I have heard of one company that did its own drug testing, but the vast majority outsource it to a company such as LabCorp. It will almost certainly be a 3rd party company doing your drug test, and that is who you will explain about your prescription to. There may be a few companies out there that administer their own drug tests, but even then it would be a safety or HR office separate from your management chain.
[/QUOTE]

what is labcorp? It’s the company that I actually have to go through. A third party entity?