Answers Please

[dcw888]

What is the name of your state? Arkansas

My Daughter works at a local daycare that is owned by a local hospital. Last week (on Tues), while she was in the playground yard, she stepped into a hole & heard something pop. She wanted to get it looked at that day, but her employer brushed it off. Wed. it was still bothering her to put weight on it & since she works in a classroom of 2 year olds (what with picking the kids up and all) she asked to get it looked at, they sent her next door to the hospital for drug testing & then she saw a doctor. It was just a sprain & he told her to stay off it for another 24 hours.
When she returned to work on Friday, human resources told her that her drug test showed something "that would make her sleepy" & couldn't or wouldn't tell her anything more. She took a vacation day and went home & gathered all the medicines in her cabinet & brought them back to work today (Monday)

The only prescription drug she had was a pain killer for when she had her widsom teeth pulled a month & a half ago. Everything else was the common over the counter drugs for headaches and sinusis. They wrote down the names, but still wouldn't tell her anything else, except that she ouldn't go back to work untill they figured it out.

My daughter is a single mother & needs her job. She doesn't take illegal drugs. She doesn't have much vacation days accrued and everyday she misses is cutting into her already tight budget. Don't they have to tell her what they are looking for & how long can they take to "match" something up? Does she have the right to see the results? Please, any info would be appreciated.

 

[Beth3]

After the drug test, did your daughter receive a phone call from an individual who identified himself/herself as a "medical review officer" who asked her about any medications or other substances she may be taking? That is the protocol dictated by federal standards when a drug/alcohol test comes up positive and is done BEFORE results are transmitted to the employer. The MRO is a doctor who can ascertain whether the individual has taken any OTC or Rx meds that would show up on the drug screen as a positive.

If that didn't happen, something definitely wasn't done properly. Human Resources should NOT be acting as the MRO or be the conduit for this information, even if it does happen to be a hospital. I suggest your daughter call the hospital administrator and inquire about her situation and how it's being handled.

 

[dcw888]

Thank You

I really appreciate your timely responce. My daughter is going back up to the hospital to talk to someone today. I found out that it was the director of the daycare who told her that she had failed her test. The director did not pull her out of class or even to the side, but just told her in such a way that others could have overheard the conversation.
Everyone we have talked to has said this has been handled poorly. I know they should be able to tell her what "group" of drugs they are looking for, instead of just "something that makes you sleepy".
She is so worried about 1) the workmans comp claim,
2) her job
3) her reputation
4) future employment elsewhere
5) lost of wages while they figure this out
I hate this is happening to her as she has a hard enough time keeping a roof over her head & my 2 yr old grandson. Come to find out, there were many at the daycare who knew about the potholes in the playground yard & my daughter's main concern that she voiced to me that day was that it was lucky a small child had not stepped into it first.
Thank you again

 

[Beth3]

Drug screens test for very specific categories of drugs: THP (marijuana), amphetamines, opiates, barbituates, etc. Either a category comes back positive or it does not. The test results don't state (for example) that the individual took "Night-time Cold Relief Tylenol" or "something that makes one sleepy."

Something very goofy (or at least stupid) is going on relative to how your daughter's test results are being handled. I just can't figure out what it is. One would expect an agency affilliated with a hospital to have a better handle on how to professionally handle the matter and what the proper protocol is.

 

[dcw888]

Beth, I printed out your first responce & gave it to my daughter, she went to the hospital Director of Human Resources. Apparently, after a small discussion, they gave her a copy of the drug test (apparently the drug test was done & read in their lab, on scene) I talked to a friend of mine who does drug testing & she said the positives could have very well been the IV she received when she had 3 wisdom & one baby tooth cut out in oral surgery approm. 4 to 5 weeks ago. And my friend as well as the oral surgeon's office stated these could have still been in her system. The Director of HR said, "Oh no, the IV has been ruled out and it is only in your system for a few hours." Apparently they were nervous about her wanting a copy of the test & kept asking her if she was seeing an attorney because IF she was, the discussion was over & she couldn't get a copy of the test, but her attorney would. My daughter explained, "No, I am asking as an employee to emplorer.
My daughter is taking her test to the oral surgeon's office & asking them to look it over & see about typing up an explaination.
The Director mention that they were going to rule on her employment by tomorrow, but now would wait till Friday. The whole thing sounds very fishy & my daughter left thinking that they were going to let her go tomorrow w/o any other communication until she came in. They still might.
My daughter asked about retaking the test & the Director said she could at her cost but that it wouldn't prove anything as the "drugs" would have had time to not show up.
One last thing, when my daughter asked about seeing the MRO, the director told her that they had their own guidelines they followed & didn't have to do as you had stated.
She is now documenting everything as this will be a black spot on any future jobs she might apply for. Do you have any other thoughts or suggestions?

Oh, one last thing, I'm not up on drugs, but the catagory the results fell in were like a sleeping agent & something like Valium. I don't have results right in front of me & know I couldn't spell it if I tried. Thank you once again.