Email blasts I created (an episodic narrative) for a Drug and Alcohol Testing Company...

"It could happen to you.

Bill owned a small a small delivery company, and he hired Cameron as his CPA. Cameron performed the job like champ, at first. But after few months of having Cameron work for him, Bill noticed that money was missing from the books and that Cameron could not account for it.

Cameron reported to work after missing a few days to find his boss waiting for him. He had called in the day before, and this absence marked the fourth one in a month. Because of Cameron’s recent absenteeism and missing money, Cameron’s boss asked him to submit to a drug test. An SAP (Substance Abuse Professional) administered the test that afternoon.

The rub.

Even though Texas generally makes things easy for employers, Bill’s company took for granted that it needed to test all employees upon hire, not just those who drove commercial vehicles (safety-sensitive employees according to the DOT). Texas law protects employers against counter claims (usually pursued by an employee), meaning a company can fire anyone for almost any reason because it is a right-to-work state. However, even in Texas, Cameron actually had the law on his side.

Why educate employees and disseminate policy guidelines for a drug and alcohol free workplace?

Bill did not educate Cameron on the company’s policy regarding drug and alcohol use, nor did it drug test Cameron upon hiring.

Bill thought that he could rest easy in the knowledge that the company’s safety-sensitive (CDL drivers) employees were tested at random. However, Cameron’s urine test came back positive for cocaine and marijuana. Bill fired Cameron the next day only to later find himself and his company in the thrall of a counter suit.

Cameron took his boss to court and filed a counter lawsuit that financially destroyed Bill’s company. The court ruled in Cameron’s favor based on the fact that the company neglected to enforce a drug and alcohol free policy, therefore Cameron was being discriminated against because Bill singled him out.

Even though the policy was written, it was neither enforced nor disseminated to Bill’s employees who did not carry a CDL or perform CDL-related tasks.

The DOT (Department of Transportation) enforces federal regulations regarding intoxication on the job that transfers over to the state level, but it does not require that any employer has the legal right to revoke the employee’s job if drug or alcohol use is discovered after employment begins.

Solution

Implement a pre-employment drug screening for all employees and educate them with a written policy.

Do you want someone in desperate need of money to support a cocaine addiction to be in charge of your books, only because you saved a few bucks by not administering a text upon hiring?

DOT guidelines ensure certain safety measures concerning licensing in the state of Texas, but it is up to the company to educate its employees its standards regarding drug and alcohol use. That is, the state may suspend a commercial license, but it does not guarantee the protection of an employer’s decision to fire based on this discovery.

Who is considered a safety-sensitive employee?

As an employer, you should keep in mind that the title is not what is considered under the Federal and state laws but the tasks each employee performs. It is important to note that even if this employee is considered someone who could fill in at a moment’s notice to perform a safety-sensitive job is, indeed, someone who should be tested. This is because if they should be tested positive post-accident or incident, the company will pay in penalties and fines.

See how Act Co can help you educate your employees and facilitate pre-employment screening:[...]

DOT drug tests are conducted only using urine specimens. The urine specimens

are analyzed for the following drugs/metabolites:

• Marijuana metabolites/THC

• Cocaine metabolites

• Amphetamines

(including methamphetamine, MDMA)

• Opiates

(including codeine, heroin (6-AM), morphine)

• Phencyclidine (PCP)

However, some drugs not listed above are added to the list of schedule 1 and 2 drugs in Texas and the list keeps growing. This means that a schedule 1 drug could show up in a drug test if a test is administered post-accident or incident on the job.

In fact, there were 20 changes to what is considered a Schedule One substance in Texas since March, 2017.

Addition to Schedule I drugs in Texas (as of March 2017): https://www.dshs.texas.gov/uploadedFiles/Content/Regulatory/drugs/PDF/schedules/Texas%20Register%20March%2017%202017%20issue.pdf

Furthermore, since 1991, the federal law overseeing DOT testing pertains to safety-sensitive tasks, not to be confused with the employees’ title. It is up to the employer to educate and facilitate a drug and alcohol free workplace, as there are other types of employees that, for example, are in charge of clerical functions or bookkeeping who, as we learned from Bill, need to be tested too."

Email Blast 2

Dear, [Client]

"Did you know?

Most often companies don’t realize they need to drug and/or alcohol test their employees until it’s too late! This means the company falls prey to an increased risk of injury either to their employees and/or others, workman’s compensation claims for injuries caused by accidents that could have been avoided, and making matters worse, with injury comes the burden of financial liability, harming the company’s bottom line as well as its image.

Top three reasons for drug and alcohol testing.

The top three reasons companies hire ACT DNA, Drug and Alcohol Testing services is because 1) they are testing potential employees, 2) they need to track trends in drug and alcohol use and randomly test, 3) they need accurate results to test individuals. The individuals targeted are usually either teens, whose behavior has changed, or individuals who are working for a company but are on probation with the company or legally on parole. Reliability and accuracy in testing are important factors for all these scenarios, which is why you should go with ACT for your drug and alcohol screening needs.

Human resources.

One of the most important jobs as an employer is finding the right employees. Finding the right fit means that the new-hires are conscientious, trustworthy, and drug and alcohol free.

At ACT we offer on-site drug and alcohol testing, 24 hours a day, 7 days a week. When accidents happen, time is of the essence, so knowing you can contact us anytime, day or night, gives you and everyone working for you peace of mind.

Tracking trends.

Sometimes drug and alcohol screening is necessary to check trends of alcohol and drug use among employees within a company.

For example, drug and alcohol use could increase over the holidays but decrease when business is slow. The best way to check for trends is to hire us to administer random drug screenings, hair, nail, and urinalysis, and if necessary, breath and saliva alcohol (DOT-approved) testing on the spot. Because we are always available to you, we can assist you in testing employees during the suspected time of incident.

Individual testing.

Perhaps, an employee is on parole or fulfilling the requirements of a probationary period. Getting state-of-the-art screening is important for accurate and reliable results in order to see whether an individual’s drug or alcohol use is consistent or an issue the employee is currently putting behind him or her.

At ACT we offer competitive pricing for individual drug and alcohol testing for individual testing, whether you are a concerned parent or suspect drug and alcohol use among your employees.

It’s easy! You can either come into our office, if you are in the Houston area, for instant drug test, or you can request our mobile testing services. Go to this link for a free consultation and easy instructions..."

Email blast 3

Imagine this scenario….

"Your name is Bill and you are truck driver. It is 3:50 am, and you have just been involved in a fatal accident. You work for a semi-large company, but you are not sure how this will reflect on you as the driver, especially since you know that the accident was not your fault. Along with the psychology ramifications, this accident could cost your job and legally, you could be looking at years of hiring attorneys, court costs, and even jail time.

What do you?

Bill had the truth on his side and ACT helped him prove it. The person who called ACT for assistance at 3:50am that morning was not even a customer yet. He called with an emergency situation and was instructed by his boss to get drug and alcohol tested immediately, without leaving the scene of the accident.

ACT came out to Bill and was there by 4am, tested him, and as he said it would be, the test results were negative. The testing was administered on the spot, and the results only took a few minutes. After the full investigation, the other driver was found to be at fault and was in fact intoxicated.

That is why having drug and alcohol screening services available to you 24/7 is so important. Imagine if Bill only had word-of-mouth to rely on? Or, what if the results the police came up with conflicted with Bill’s statement? It was a good thing that he called ACT."

Email Blast 4

"Dear, [Client]

You remember the scenario. Bill, the truck driver, needed immediate assistance from ACT Co to ensure that he was freed from all charges involving a fatal accident while on the job. ACT Co came out to him directly to test him and testify to his innocence.

Thanks to the top-notch services (24/7) offered by ACT Co, he saved his reputation as well as the company’s image from scandal and from what would have been a long legal battle.

Do you have employees and a company you want to protect?

Don’t you want the peace of mind, knowing that your employees are safe and alert drivers and/or can do their jobs with the acumen of operating with sober and clear minds?

While it is better never to have to deal with an emergency situation like Bill’s, rest assured that we have your back should such an incident occur...!

Hiring sober employees and testing them on the way in is one way to safeguard your company and other employees. In addition, random drug testing will help you maintain that peace of mind."