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Human Resource question
Are they invading our privacy?
SouthernStitch
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Date: 2/21/13 1:04 PM

My DH fell from a horse this weekend, and hurt his back. He wasn't even on call, much less on the clock or on company property. He was prescribed pain medication. He didnt' miss work Monday or yesterday. When his random drug test came up yesterday, he had to state he was going to test positive for Hydrocodone.

No problem with that as he has an RX for it. However, HR is asking the following questions, to be submitted to them in report form. I object to this. Am I wrong? DH says because he is 60, he's afraid to not comply. He can't risk doing anything to rock the boat and get fired, or put out to pasture.

1. When did the accident happen?
2. Describe in detail how the accident occured, and how you felt afterwards.
3. When did you see the doctor, and when was the pain medication prescribed?
4. Document all times and dates you took the pain meds, and how much was taken. Include how you felt after taking the pain medication.

I'm sorry, but why the heck is this ANY of their business, as long as he documents that none of this happened on the clock or their property??? What if this occured while being intimate with a partner? I told DH let me answer it, and I'd embarass the crap out of them. I'd make it worse than 50 Shades........

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poorpigling

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In reply to SouthernStitch <<
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Date: 2/21/13 1:18 PM


This is what I WOULD do if I were your DH.. I would answer those questions as vaguely and as briefly as possible..
For instance.. that question number four.. My answer would be ''as prescribed.. four times a day' and '' Relieved pain in back'' They are mostly just making a memo as to whether he is taking the meds when no longer needed.. or habitually.. stuff like that.. out of the norm use .. or without a script..
They have to be able to back up any overlook of his testing positive ..

And no.. its not considered invasion of your privacy.. If he was at work when he took the test.. then he is working under the influence so to speak.. Should there be an accident using tools ets.. Its always better if one informs their supervisor of any use of these types of drugs during working hours.. in fact my DHs company requires that info.. with or without a drug test..

Had it occurred during sex.. I would have been honest.. and said.. Too much stress during exercise..

SouthernStitch
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In reply to poorpigling <<


Date: 2/21/13 1:37 PM

It was already noted he had a script for it, and the script is only for 15 pills. He told them he wasn't taking it during the work day. Hydrocodone can stay in the system for many days after you've taken the last one. Therefore, there is no way for them to know weather you are taking them any longer, or at work. He was not under the influence at the time of the test.

My big problem is having to describe the accident in detail. It's none of their business. Only the fact that he is being prescribed pain meds is an issue. They also told him to bring his lunch today, as he was not going to be allowed to take his own truck during the day to go get some lunch.

I guess what really gets me, is that we had a temp timer in here who was on MANY medications. We figured it was her business so we didn't say anything till she mentioned that she also had narcolepsy, and so if she fell asleep during the day and fell on the floor to just step over her. Ha. Ha. So I informed my boss, because I felt that if we had to list all meds we were on, she should have to do the same. She told us she was on Lortab, Adderal, Morphine, pain patches, depression meds, Fibro meds, and all sorts of other stuff.
SHE was not required to document ANYTHING.

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Bernina 780, and 530
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SouthernStitch
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Date: 2/21/13 1:44 PM

Just for the record, I got an answer from Just Answer. The answer stated that he is legally under no obligation to answer the detailed questions. However, since La is a state that allows at will firing (for any reason other than the protected stuff), it's best to comply.
The other option is to write and sign a statement that the injury did not occur on the clock, nor on their property but on private property, and that would suffice.
If that's all you want to tell them, have a back up local lawyer to write them a letter if they persist. However, it's best to play nice, and go ahead and give them what they are not entitled to to prevent being fired.

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Bernina 780, and 530
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When life gives you green velvet curtains, make a green velvet dress.

Kristen
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Date: 2/21/13 2:19 PM

Narcolepsy is not funny.

SouthernStitch
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Date: 2/21/13 2:43 PM

Sorry, I totally didn't make myself clear. The co-worker thought it was funny, we did not. That's why we went to our boss with this revelation. I didn't think it at all funny to be stepping over someone laid out on the floor!
I know, it didn't come across that way. Ha. Ha. wasn't meant to be hahaha, or LOL. It was like Ha. Ha. NOT funny. Sorry, and thanks for pointing out I should have written it a lot better than I did!

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Bernina 780, and 530
Juki TL2010
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When life gives you green velvet curtains, make a green velvet dress.

TessKwiltz
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In reply to SouthernStitch <<
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Date: 2/21/13 2:48 PM

It is possible to get a scrip for narcotics without actually being injured by lying to the doctor. I think they are just looking for verification that he really was injured and has a legitimate reason for failing the drug test. This may be a CYA thing their lawyers are asking for.

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Tess

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poorpigling

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Date: 2/21/13 2:51 PM


What is legal.. and what he should do make make things worse as you suspect.. I think the company is just trying to avoid any unneccesary lawauits.. Its a shame.. but lawsuits are a fact of life in this day and age..
If you want to attach a statement to those questions you can.. but why.. sometimes its best to let a sleeping dog lie..no pun intended there..

poorpigling

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Date: 2/21/13 2:53 PM

How did it happen.. He fell from a horse.. not much more you can say then that.. lol So describe would be.. he fell.. and describe in detail would be he fell from a horse.. Of course if you don't want it to look like he can't ride a horse.. you could always say.. Wife pushed me off my horse..
-- Edited on 2/21/13 3:01 PM --

Kalisews
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Date: 2/21/13 2:57 PM

Just to give you another side of it, I have known plenty of long time drug users that have had "legally" obtained scripts. One was even an scrub nurse for an trauma room. It took 6 years of failed drug tests and these types of questions before the hospital could catch her in an actual lie and determine that she had a real problem and not just a series of unfortunate accidents and issues that required mediation. Companies need more and more to cover themselves and not just trust that employees are telling the truth. They are asking detailed questions about the accident to be sure there was an accident. Your husband is like mine, doesn't complain, doesn't miss work... so he falls, hurts his back doesn't miss work, doesn't complain or tell anyone...then he fails a drug test and now it could be looked at like an excuse by someone who is trained to be overly suspicious.

My advice is while I hate invasion of privacy, play nice. They need to cover themselves and while you and your husband are honest folks, not everyone is and the HR person is just doing their job.

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