I manage a warehouse, and one of my employees got into an accident driving a forklift. No one was hurt, but our protocol is to test for drugs after an incident. The driver tested positive for marijuana, but he said he didn’t use on the job. HR says we can’t fire him. This is crazy. I don’t want to be responsible for safety if I can’t do my job. How do I protect myself?
Crazy is right.
With patchwork laws that vary state to state, and with inconsistent company policies and practices as a result of trying to navigate this ambiguous environment, it isn’t easy being a manager today.
One of the problems with legalizing marijuana — besides the fact that it stinks (and fresh air is hard enough to find in NYC) — is that testing doesn’t tell you much about using on the job, because it can be detected for days or even weeks after use.
Can you fire him for driving recklessly?
To protect yourself, make sure that you follow the company policies for health and safety exactly, and promptly document and report every incident so that you can demonstrate that you did everything required.
And if your company won’t operate safely, then find another job and report them.
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