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Originally Posted by mountainman
But Ohio aside, what if you felt official policy had been circumvented and your legal rights violated?
Would you accept being tested without protest or complaint?
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It is a good question, Mark.
I am not a lawyer so am obviously not sure of all the legal implications.
I guess if you are told going in and it is a term and condition of employment or state licensing you would have to accept it.
if it is a rule introduced after your employment has started and is being applied in a manner that is consistent with how the new rule is written I would imagine it would be a smart idea to have a grace period before applying any new rules. But already I would think you are treading into a legal minefield as people may have different ideas of how the rule and testing process is performed. But on balance, I would do it, reluctantly, but would do it.
If they suspect you have been using some kind of substance either on the job or off the job to the point it impacts your job, I would think in a right world there would have to be a medical examination to prove it and that potentially opens up a world of hurt and a situation that can probably be better handled by counseling or such. I would be very unhappy at the insinuation and the procedures I just described and would think twice before agreeing to such a process and probably consult legal advice.
I know I am prescribed a narcotic for chronic pain that I do not abuse and have an MMJ card I seldom use and I have no idea whether they would make exceptions for that. I know they do in AZ and CA (where I primarily work) but not sure about other places.
Ultimately, and from reading your posts lately, I guess you can associate with this, sometimes you have to plough on even if you are not feeling well and do the best you can. it would be nice if instead of spending money on random drug tests, if money is going to be spent on health related matters, it was made available to individual to use as they see fit. But of course, that will never happen, anywhere!
Hope everything is going well at Mountaineer!
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