hopelessone
New Member
My question deals with federal labor laws about DOT drug testing.
According to DOT regulation 382.601, each employee who is to be drug tested must attend a meeting where these regulations are discussed and each employee shall be given information with requards to drug testing.
My question is complicated but someone may have some knowledge on this matter. If an employee who has worked in a "safety sensitive" position for years and was never required to attend these meetings is tested and does test positive for an illegal substance, what are the implications if the employee was not given the opportunity to attend these meetings. I have read some and understand that the meeting is meant to deter employees from using drugs or alcohol as it relates the job. I think that the employees civil liberites have been violated and because the company never gave or had the employee best interest at stake, then the company is liable.
According to DOT regulation 382.601, each employee who is to be drug tested must attend a meeting where these regulations are discussed and each employee shall be given information with requards to drug testing.
My question is complicated but someone may have some knowledge on this matter. If an employee who has worked in a "safety sensitive" position for years and was never required to attend these meetings is tested and does test positive for an illegal substance, what are the implications if the employee was not given the opportunity to attend these meetings. I have read some and understand that the meeting is meant to deter employees from using drugs or alcohol as it relates the job. I think that the employees civil liberites have been violated and because the company never gave or had the employee best interest at stake, then the company is liable.
