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Substance Abuse Return To Work Agreement

Should an employer give a «fixed choice» or a «last chance agreement» to a worker who might otherwise be dismissed for poor performance or misconduct due to alcohol or drug abuse? Under the ADA, an employer cannot discriminate against a qualified person with a disability when receiving treatment for this disability or the side effects of that treatment. However, the ADA expressly provides that an employer may (a) prohibit «illegal drug use» in the workplace by all employees and (b) require that workers not be able to «illegally» go to the workplace.5 The term «illegal drug use» refers to the use of drugs that are illegally possessed under the Federal Controlled Substances Act. The term therefore encompasses the use of marijuana for all intents and purposes. For this reason, the ADA should not serve as a lock on an employer`s discipline for a worker who uses medicinal marijuana. Employers are increasingly faced with the difficult question of how to treat employees who have valid government prescriptions for the use of medical marijuana or who live and/or work in states that have legalized recreational marijuana. An employee may also deny the problems and, in this case, an employer should take normal action to address an employee who is underperforming or who is behaving inappropriately in the workplace. The goal of a return to working agreement is to create a safe working environment for all. It is understandable that your employer is concerned about the legal consequences if you use drugs or alcohol in the workplace. RWA should also benefit you. It should indicate the appropriate precautions you need to do your job during restoration. The U.S. Department of Labor (DOL) recommends to all employers a written drug-free employment policy that is shared with all employees and clearly defines expectations for alcohol and drug use. This return to work agreement exists between (company name) (employer) and (worker`s name) (worker`s name).

This agreement is necessary because the employee has violated a work rule that could lead to dismissal: (list of rules/rules violated) Employers should consult legal advisors for the development of drug-free workplace guidelines to ensure compliance with federal, regional and local laws. The Job Accommodation Network (JAN), an employment policy department of the Dol Office of Disability Employment, has gathered a considerable amount of information on different methods of welcoming workers with substance abuse problems. For example, the JAN page on alcoholism proposes issues that need to be considered in the development of housing for employees recovering from alcohol abuse. On issues, because some prescription drugs can affect a worker`s ability to work safely, employers may have a legitimate interest in addressing them in their drug-free employment policy. However, employers cannot discriminate against their hiring and firing practices based on a person`s use of prescription drugs for legitimate medical purposes. Such discrimination could constitute a violation of the ADA. Substance and alcohol abuse is a serious problem for employers. The consequences range from absenteeism and productivity to increased health costs, workplace injuries and accidents.

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