Alcohol & Drugs: MIP, MIC, Intoxication Employee tests positive for drugs

[tellemike]

Hello,
This is my first post and I hope I am doing this correctly. Not too savvy with computers. An employee of ours had an accident in one of our trucks. He was charged with the accident and then handcuffed and taken to jail for driving with a suspended license. He told them that he was never notified that he had a suspended license. Of course we were not aware of any of this. They released him to us and we took him for a post accident drug test. We got the results yesterday. He had marijuana, cocaine and methadone in his system (he has a persceiption for the methadone). We let him go because we can not have him driving or working for us under those condtions. Are we obligated to inform the police and our insurance company about the positive results from his test.

Thank you.

 

[seniorjudge]

Q: Are we obligated to inform the police and our insurance company about the positive results from his test.

A: Ask the police and your insurance company.

 

[CdwJava]

I cannot imagine that you are obligated to go to the police and inform them of the test results. Additionally, the fact that these substances were present does NOT mean that they were in sufficient concentration to support a DUI-drugs charge in your un-named state.

If the police suspected alcohol or drugs, they would have taken the appropriate tests themselves. if they didn't, and you mention that you HAVE these tests, they might well seek to subpoena the information if they feel that with it they CAN make a DUI case.

- Carl

 

[seniorjudge]

If the police suspected alcohol or drugs, they would have taken the appropriate tests themselves.

Isn't alcohol a drug?

 

[CdwJava]

If the police suspected alcohol or drugs, they would have taken the appropriate tests themselves.

Isn't alcohol a drug?

It is categorized seperately for DUI, but it is a CNS depressant, yes. And the test for alcohol is not the same as for drugs. When we submit the blood, it would be either for alcohol OR tox - rarely for both unless both were suspected. The DOJ labs will automatically screen for drugs if the alcohol comes back below .05 (I believe that's their cutoff).

- Carl

 

[seniorjudge]

Okay, I just want to make sure that when I slip a little Jack into my cappo, I am getting THREE drugs:

caffeine
alcohol
sugar


:angel :angel :angel

 

[CdwJava]

Our labs don't test for caffeine or sugar.

And I don't use the alcohol! (A tea totaler, I am)

- Carl