Failed drug test

[coolpeach]

Recently had an injury at work (allergic reaction to the flu shot while at work), and had to use workers comp. The rules say if you have an injury at work you must submit to a drug test before you leave that day. I take a prescription medication (Esgeric Plus) for migraine headaches prescribed by my Dr. It is very mild. I took one two days prior to the drug test, and told the man who tested me. I offered to fax him the label when I got home, but he said that wasn't necessary. I was supposed to go back to work, and off of workers comp tonight, but found out this morning that I am Suspended because the drug test came back positive.

HR directed me to the company who told me to peel the label, and fax it to them,and all will be well. My issue is with the word Suspended which sounds like I am in trouble. When I get them the label today will that stay on my record? Will I be paid for the day that I couldn't come in because I was suspended due to no fault?

Has this ever happened to anyone else?

[Music in My Heart]

I am a new nurse, and really like my hospital. One days pay is not work getting fired or causing a hostile environment where I work. That being said with X-Mas coming up, and being a single parent I really did need that day.

Perhaps you could speak to the charge about the possibility of getting scheduled for an extra shift to make up for the one that you missed.

[kesr]

The drug company needs to be reported and sued for negligence.

What has the drug company got to do with this?

[coolpeach]

OK.....My manager called and all is well. I will return to work tomorrow night..YAY!!!!

I do think the drug company could have handled it better. This drug test was like two weeks ago, and today is the first I have heard about this. If they would have dealt with it sometime within the last two weeks I would not have had to miss a day of work. In addition, I do agree they should call me, and ask for verification prior to calling my employer, and then the whole suspension thing.

[tyvin, BSN, RN]

That's great coolpeach. Yes; the drug company is by law required to call you first to verify scripts. If you wanted to pursue a suit against the drug company you could but knowing you from your posts I think you're just glad to get your job back.

So what have we learned here? Drug test findings are private between the person taking the test and the drug company unless the findings are illegal or something that you can't produce a Rx for. It is also the drug companies duty to notify you and clear any legal drug findings such as Rx's by getting your permission to call your doc to verify the Rx's then sending drug test results back to the employer as a negative. The employer is never called by the drug company unless there is a know violation that would render the test positive. Know your rights.

[ckh23, BSN, RN]

Yes, because the nurse was suspended over an error and the insurmountable stress that it has caused her.

Obviously, you probaby don't have a concept of facing the possibility of losing a job when you are a major financial provider to your family...she had no idea of how things were going to turn out in the end.

I have NEVER heard of someone getting suspended from any job, heathcare or otherwise, that had a VALID prescription.

It is not about the money, it is a violation that she has the legal right to be treated and if she is taking medication in accordance to that treatment, then she never should have been suspended.

The drug company needs to be reported and sued for negligence.

There is no basis for a lawsuit because there are no damages. The OP still has her job and is returning to work. In the eyes of the law, stress is not compensated financially.

She does have the legal right to be treated, but she was suspended by the employer because she came back positive on a drug test regardless of the reason why. They have to have it clarified before they can let her work again or it puts the employer at risk if something happens while she is working.

[ckh23, BSN, RN]

That's great coolpeach. Yes; the drug company is by law required to call you first to verify scripts. If you wanted to pursue a suit against the drug company you could but knowing you from your posts I think you're just glad to get your job back.

So what have we learned here? Drug test findings are private between the person taking the test and the drug company unless the findings are illegal or something that you can't produce a Rx for. It is also the drug companies duty to notify you and clear any legal drug findings such as Rx's by getting your permission to call your doc to verify the Rx's then sending drug test results back to the employer as a negative. The employer is never called by the drug company unless there is a know violation that would render the test positive. Know your rights.

The findings are not private between the patient and the drug testing company. The contract for service is between the employer and the drug testing company. The drug testing company has a duty to report the findings to the employer because they will be the one's paying for workman's comp. It makes no sense that IF (example not specific to OP's situation) someone was using drugs illegally and was injured at work and subsequently tested positive on a drug test that the results would be kept between the work and drug testing company.

There is no grounds for a lawsuit. I don't know why everyone is sue happy.

[BabyLady, BSN, RN]

What has the drug company got to do with this?

Sorry, typo.

I meant the drug testing company.

[BabyLady, BSN, RN]

There is no basis for a lawsuit because there are no damages. The OP still has her job and is returning to work. In the eyes of the law, stress is not compensated financially.

She does have the legal right to be treated, but she was suspended by the employer because she came back positive on a drug test regardless of the reason why. They have to have it clarified before they can let her work again or it puts the employer at risk if something happens while she is working.

Stress IS recoverable in court when it was tempered by gross negligence.

That is what we have here: Gross negligence.

The legal term is punitive damages.

Do you even have a basic knowledge of how drug testing works? Apparently not.

You cannot go around and suspend every employee that tests positive for something who has a VALID PRESCRIPTION. That is personally and professionally embarrassing and a violation of HIPAA.

I can tell you now that probably every one of her co-workers probably do not know why she was suspended, but that she was suspended.

Drug testing companies are supposed to verify the prescription BEFORE REPORTING THE RESULTS to the employer.

In fact, in some states (and the OP needs to see if she lives in one of them), the drug testing companies CANNOT REPORT A FAIL ON A DRUG TEST AT ALL TO THE EMPLOYER if the employee has a valid prescription.

In my state, by law, here is how it works...and this is the procedure that is followed by most other states:

1. You get an order from your employer to drug test.

2. You report to the drug testing company.

3. The drug testing company DOES NOT ask you what drugs you are taking...this is to protect you through HIPAA.

4. You take the drug test.

5. IF you test positive, the drug testing company calls you and tells you which drugs show up and asks you WHICH PRESCRIPTIONS to bring.

6. You bring in your bottles and they are verified.

7. A "pass" is reported to your employer....NOTHING MORE.

8. Drug testing companies cannot be affiliated with the employing facility, to protect privacy via HIPAA...this varies by state.

9. The only exception to the rule is if you test positive for a completely illegal substance, such as cocaine, etc. because they assume you are not going to have a prescription for it.

[ckh23, BSN, RN]

Stress IS recoverable in court when it was tempered by gross negligence.

That is what we have here: Gross negligence.

The legal term is punitive damages.

Do you even have a basic knowledge of how drug testing works? Apparently not.

You cannot go around and suspend every employee that tests positive for something who has a VALID PRESCRIPTION. That is personally and professionally embarrassing and a violation of HIPAA.

I can tell you now that probably every one of her co-workers probably do not know why she was suspended, but that she was suspended.

Drug testing companies are supposed to verify the prescription BEFORE REPORTING THE RESULTS to the employer.

In fact, in some states (and the OP needs to see if she lives in one of them), the drug testing companies CANNOT REPORT A FAIL ON A DRUG TEST AT ALL TO THE EMPLOYER if the employee has a valid prescription.

In my state, by law, here is how it works...and this is the procedure that is followed by most other states:

1. You get an order from your employer to drug test.

2. You report to the drug testing company.

3. The drug testing company DOES NOT ask you what drugs you are taking...this is to protect you through HIPAA.

4. You take the drug test.

5. IF you test positive, the drug testing company calls you and tells you which drugs show up and asks you WHICH PRESCRIPTIONS to bring.

6. You bring in your bottles and they are verified.

7. A "pass" is reported to your employer....NOTHING MORE.

8. Drug testing companies cannot be affiliated with the employing facility, to protect privacy via HIPAA...this varies by state.

9. The only exception to the rule is if you test positive for a completely illegal substance, such as cocaine, etc. because they assume you are not going to have a prescription for it.

Here are definitions of gross negligence. This is NOT gross negligence. Maybe some carelessness and unprofessionalism.

The key point here is the OP would have the burden of proof in a lawsuit and this would come down to a he said she said. Also you cannot sue for a HIPPA violation.

Gross negligence legal definition of Gross negligence. Gross negligence synonyms by the Free Online Law Dictionary.

Punitive damages are not pain and suffering. They are meant as an extra punishment.

punitive damages legal definition of punitive damages. punitive damages synonyms by the Free Online Law Dictionary.

[belgarion]

What I would be worried about if I were the OP is whether or not the term "Suspension" appears in her employee file. I would also be worried about whether or not this went to the BON. If either of these are true, she needs to get this taken care of ASAP while everyone's memory is still fresh. It would be a real shame if this came back to bite her on the butt ten years down the road.

[BabyLady, BSN, RN]

Here are definitions of gross negligence. This is NOT gross negligence. Maybe some carelessness and unprofessionalism.

The key point here is the OP would have the burden of proof in a lawsuit and this would come down to a he said she said. Also you cannot sue for a HIPPA violation.

Gross negligence legal definition of Gross negligence. Gross negligence synonyms by the Free Online Law Dictionary.

Punitive damages are not pain and suffering. They are meant as an extra punishment.

punitive damages legal definition of punitive damages. punitive damages synonyms by the Free Online Law Dictionary.

Thank you for making my point FOR ME!!!!

Gross negligence is more far reaching in the actual practice and application of law...thank you for pulling up a very narrow dictionary definition of it, but how it is applied in law is WAY different. You are crazy if you think it only applies to physical safety...safety can mean different things under the law.

Punitive damages is EXACTLY what you said it was...it is a punishment and 100% collectable in court and is awarded most commonly...in cases of gross negligence.

I have read cases where the actual damages was merely $25 but the punitive damages was in the MILLIONS.

Again, you think you know what you are talking about but you clearly have no clue what is supposed to happen with a drug test...as you have clearly demonstrated.

I would wager that you are too young to remember when drug testing first started with employers that were not associated with heavy equipment, etc...there were tons of people that were losing their jobs left and right over mere traces of medications, false-positives on certain OTC combinations...these drug testing companies pretty much made up their own rules as they went along and there were no federal or state mandates.

YOU CAN BE SUED if you falsely report a fail...a fail is DEFINED by most states as testing positive for a substance of which you DO NOT HAVE A PRESCRIPTION FOR.

You have the legal right to be treated.

You keep screaming this "burden of proof"...talk about something easy to get:

1. Subpoena the results from the drug testing company.

2. Subpoena the individual at her work that received the results that led to her suspension.

3. Provide DOCUMENTATION of her treatment under a medical physician and her pharmacy records.

BINGO! If I was on a jury, she would be getting paid huge.

[coolpeach]

Actually the drug testing company NEVER contacted me at all. The first I heard of it was when my hospitals HR department contacted me saying I was suspended, and told ME to contact the drug testing company.