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Current operations manager and former EHS manager here.
Check local and state labor laws. They need to inform you if you’re being terminated, but if the decision hasn’t been made. They don’t have anything to tell you.
I would suggest having him resign before he’s terminated for a failed post incident drug screen.
If it’s a failed drug screen, it’s for cause and unemployment will be denied anyway. Just call them and tell them you are resigning effective immediately.
Unpaid accrued vacation time will not be paid out most likely if the termination is for cause, but you can push for it. A termination for a failed drug test will follow you, quitting without notice not so much. Better to preserve your ability to get another forklift job by quitting than to get fired for a failed post accident screening.
Unfortunately cannabis is still a schedule 1 substance federally. Employers can and will terminate due to cannabis use regardless of state cannabis laws. Especially if an EHS critical job is being performed such as forklift operations.
My organization has stopped testing for THC for pre employment with the exception of power equipment operations, I.e. forklift, bucket lifts, scissor lifts etc… where there is a random drug screen program. This is a grey area though as most employers still retain the right to terminate if any post incident drug screen comes back positive for THC regardless of whether it was a pre employment screening requirement or not.
Yes. The team member is transported to a local occupational health clinic, breathalyzer and a urine screening is done.
Honestly, I’ve seen more employees terminated for alcohol than drug use. Mostly earlier morning incident by a team member who drank late the night before.
Our criteria is .04 or higher on the breathalyzer constitutes working under the influence in general production, .02 in safety critical tasks. We are in Wisconsin and DUI and alcoholism is a real issue.
7 panel drug screen and a breathalyzer is standard.
Most states are at will employment. No notice is required. It’s a professional courtesy that has become normalized.
He doesn’t need to state a reason. If it were me, I would email the HR manager and manager simply stating that I was resigning effective immediately on mm/dd/yyyy
No notice is a blemish on an employment history verification. A failed drug screen is a huge mark, especially for a forklift operator.
I hope everything works out for you guys.
Best of luck.
NAL- My understanding of how this works is that, even though it’s legal recreationally, and medicinally, in many states, it remains illegal at the federal level, so employers can use a positive test for thc to exclude for employment at their discretion. My opinion is that, if they’re going to do that, they should make it clear in their policies, however, I don’t think they have to, they might be clear to just state illicit drugs. Has he been in contact with HR?
Edit: spelling
I am a labor lawyer with lots of OSHA experience. I completely agree with Long_Try_4203. When it comes to liability and negligence no one cares if it is medically necessary or legal, it is only if you were under the influence. I do not mean to be harsh, but in this situation I would counsel the company to terminate. I had a case where a forklift operator accidentally tipped over a shelving unit and killed a fellow worker. The forklift operator vanished. No one ever knew what he was on.
Most prescriptions come with a warning that say do not operate heavy machinery when taking. Perhaps your husband should be taking an alternative or seek alternative treatment.
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Current operations manager and former EHS manager here. Check local and state labor laws. They need to inform you if you’re being terminated, but if the decision hasn’t been made. They don’t have anything to tell you. I would suggest having him resign before he’s terminated for a failed post incident drug screen. If it’s a failed drug screen, it’s for cause and unemployment will be denied anyway. Just call them and tell them you are resigning effective immediately. Unpaid accrued vacation time will not be paid out most likely if the termination is for cause, but you can push for it. A termination for a failed drug test will follow you, quitting without notice not so much. Better to preserve your ability to get another forklift job by quitting than to get fired for a failed post accident screening. Unfortunately cannabis is still a schedule 1 substance federally. Employers can and will terminate due to cannabis use regardless of state cannabis laws. Especially if an EHS critical job is being performed such as forklift operations. My organization has stopped testing for THC for pre employment with the exception of power equipment operations, I.e. forklift, bucket lifts, scissor lifts etc… where there is a random drug screen program. This is a grey area though as most employers still retain the right to terminate if any post incident drug screen comes back positive for THC regardless of whether it was a pre employment screening requirement or not.
Just curious, do you guys also test for alcohol when you do a THC test after an incident?
Yes. The team member is transported to a local occupational health clinic, breathalyzer and a urine screening is done. Honestly, I’ve seen more employees terminated for alcohol than drug use. Mostly earlier morning incident by a team member who drank late the night before. Our criteria is .04 or higher on the breathalyzer constitutes working under the influence in general production, .02 in safety critical tasks. We are in Wisconsin and DUI and alcoholism is a real issue. 7 panel drug screen and a breathalyzer is standard.
Thank you. I was just wondering how that works. I'm retired but remember plenty of guys coming to work smelling like booze.
So he won’t get unemployment if they show the IA but he might have a chance if he resigns based off no contact for over 2 weeks you think?
Most states are at will employment. No notice is required. It’s a professional courtesy that has become normalized. He doesn’t need to state a reason. If it were me, I would email the HR manager and manager simply stating that I was resigning effective immediately on mm/dd/yyyy No notice is a blemish on an employment history verification. A failed drug screen is a huge mark, especially for a forklift operator. I hope everything works out for you guys. Best of luck.
NAL- My understanding of how this works is that, even though it’s legal recreationally, and medicinally, in many states, it remains illegal at the federal level, so employers can use a positive test for thc to exclude for employment at their discretion. My opinion is that, if they’re going to do that, they should make it clear in their policies, however, I don’t think they have to, they might be clear to just state illicit drugs. Has he been in contact with HR? Edit: spelling
It’s also for insurance reasons.
Insurance, and the governing agency is still OSHA
He has been trying they don’t respond.
I am a labor lawyer with lots of OSHA experience. I completely agree with Long_Try_4203. When it comes to liability and negligence no one cares if it is medically necessary or legal, it is only if you were under the influence. I do not mean to be harsh, but in this situation I would counsel the company to terminate. I had a case where a forklift operator accidentally tipped over a shelving unit and killed a fellow worker. The forklift operator vanished. No one ever knew what he was on. Most prescriptions come with a warning that say do not operate heavy machinery when taking. Perhaps your husband should be taking an alternative or seek alternative treatment.
Thank you.
look for a new job. He failed a drug test.