In the United States, employment law dictates that employers should provide a “safe and healthy” working environment for their employees. Suppose an employee is found to use drugs at work or during work hours, and the employer could reasonably conclude that this drug usage has led to a safety risk for themselves or others, the employer may terminate the employee’s contract with immediate effect.
The USCG (United States Coast Guard) has a zero-tolerance policy to drug use, even off-duty and away from the workplace. Anyone who uses drugs of any kind during their employment tenure with USCG will fail their drug test.
If an employee fails a drug test with the USCG, their employment may be terminated immediately, and they will have to face mandatory disciplinary action for violating federal laws. According to the research, nearly 4% of the United States Coast Guard’s arrests in 2011 were for drug-related offenses.
However, these figures were probably underestimated since most of the USCG’s arrests were on-duty rather than off-duty. Because of this policy, employees subject to disciplinary action can contact their employer and ask to be dismissed from service if they fail their drug test.
Furthermore, the following article will discuss what would happen if one fails a drug test with the USCG and is dismissed from employment.
What Is The USCG Drug Testing Policy?
USCG (United States Coast Guard) is a military service branch of the United States. They are also responsible for maritime law enforcement, maritime safety and security, protection of natural resources, and prevention of pollution in U.S. territorial waters.
The Coast Guard consists of over 40,000 active personnel and is under the control of Homeland Security. The USCG drug and alcohol testing program aim to combat drug use, misuse, and abuse.
The regulations regarding the drug testing program are based on the National Research Council, Institute of Medicine ( IOM), and National Academy of Sciences. These findings state that drug use or misuse in the workplace is a severe threat to public health and can result in death, injuries, reduced productivity, contamination of products, theft, fires, and explosions.
Moreover, these regulations are mandatory for all new employees applying to the USCG. The Coast Guard only hires drug-free applicants. They will not hire any applicant if they have a history of drug use or abuse, including using drugs that are not illegal under federal law for more than the past year. The USCG drug testing policy is strict, and anyone who takes drugs in any way while on duty with the USCG will be fired.
The main goal of the USCG drug testing policy is to promote a clean, safe, and healthy work environment. However, as per the studies in the past few years, nearly 9% of the USCG personnel were arrested for violating federal laws.
Out of these arrests, 4% were drug-related. The has a zero-tolerance policy against drug use, which has led to nearly 1600 employees being dismissed from service in the last five years for their involvement with drugs.
What Must An Employer Know About The USCG’s Policy On Drug Testing?
In the United States, all employers must provide a “safe and healthy” work environment for their employees. It is a legal requirement that prevents employers from hiring individuals who pose a danger to their workplace environment.
All marine employers have to comply with this policy and have a drug-testing program to prevent accidents and injuries in the workplace.
Starting with, the employers must have two primary service agents for drug testing: the SAMSHA accredited laboratory where the required chemical tests are done and the MRO (Medical Review Officer) qualified individual who receives the drug test results, analyzes the results and informs the employer of their conclusions.
Employers must also inform the employees of their drug testing program and ensure that they are familiar with the type of drug tests they will be subjected to if they join. In addition, each marine employer should have a written drug testing policy and detail the policy in their employee handbook.
The policy should broadly state the following:
- The employers and the employees will be subjected to drug testing and whether they have to take any chemical tests.
- The type of drug tests required and their frequency are based on the nature of their jobs.
- The period after which an employee’s drug test is conclusive and will have a negative impact on their employment status.
- The consequences of violating the drug testing policy or violating the drug testing policy.
- Whether a marine employer has to record any drug test administered and whether they have to keep a record of any employee who tests positive for drugs during their employment with them.
- The defensive measures that an employer can take if they suspect that one of their employees is using or abusing drugs.
- The method of reporting their employees suspected of having a drug abuse problem or abusing drugs illegally.
- The details about the laboratory for conducting the chemical test and the MRO’s (Medical Review Officer) contact information will contact them to update the results and conclusion of any drug tests performed.
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