Radom drug testing when off work

[MorgansDaddy]

My wife's mother works in a group home type setting, taking care of adults with developmental disabilities. While she doesn't have a problem taking a drug test, she is becoming annoyed that her supervisor, informed her on her day off that she had to go in for a random drug test or face the consequences if she doesn't go take the test. It has happened several times, and she wants to know what her rights are. Her concern is, that if she is off work and goes out of town for the day, and then she gets the wonderful text message, so obviously she wouldn't make it to the drug testing center they send them to, what is she supposed to do. I can not find any statutes saying anything about this in Ohio. She also feels that if they are forcing her to do anything rather work or drug testing on her day off, she should be allowed to get paid for her time. Just to note, each time it has happened, she passed, being how she is obviously not a drug user. Any advice?

 

[army judge]

My wife's mother works in a group home type setting, taking care of adults with developmental disabilities. While she doesn't have a problem taking a drug test, she is becoming annoyed that her supervisor, informed her on her day off that she had to go in for a random drug test or face the consequences if she doesn't go take the test. It has happened several times, and she wants to know what her rights are. Her concern is, that if she is off work and goes out of town for the day, and then she gets the wonderful text message, so obviously she wouldn't make it to the drug testing center they send them to, what is she supposed to do. I can not find any statutes saying anything about this in Ohio. She also feels that if they are forcing her to do anything rather work or drug testing on her day off, she should be allowed to get paid for her time. Just to note, each time it has happened, she passed, being how she is obviously not a drug user. Any advice?

Ohio law on employee drug testing is covered in: Ohio Admin. Code §4123-17-58.
You can also read more about Ohio's drug testing law is located in the Ohio Revised Code Annotated at Title XLI, Chapter 4112.
Ohio law covers job applicants and employees.

Applicant Testing: Applicant testing authorized with advance notice to applicant and after offer of employment has been made.
Employee Testing: Employee testing authorized on reasonable suspicion of substance abuse, for new hires, after an accident, and as follow-up to a treatment program.

http://www.testcountry.com/StateLaws/Ohio.htm

If your mother works in a union shop, the labor contract might address this issue.
But, here's a common sense answer to the problem.

If I were your mom, I'd be upset about having to be tested on my day off.
Therefore, I just wouldn't be available to answer the phone or respond to text messages.
If you're not required to be on-call when on your day off, you can't be held accountable for responding immediately to telephone calls, text messages, or emails.
In fact, you can't be required to have a telephone, in most cases.

For example, the Army no longer requires members to maintain a telephone.
Why?
Because, unless the employer pays for something, they can't require you to pay for it for their benefit!

Now, if mom does respond and report for the test, she should be paid.
Employers can't require you to do their business on your time.
Finally, drug testing is probably required for your mom because she works in a nursing care facility.

In Ohio, nursing homes are administered by The Ohio Department of Health.
ODH has some very specific rules for hospital and nursing home employees.
This is why your mom is being hounded.

Here is the ODH website.
You can read more about ODH rules and regulations for nursing home personnel.

http://www.odh.ohio.gov/rules/final/finalrules.aspx

 

[MorgansDaddy]

Thanks, I will pass the information and sites along to my mother-in-law.