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December 04, 2014 at
07:43:18 AM
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Reply to:
Posted By: Sid Walters on December 03 2014 at 08:43:49 PM
Vande77,
I have State Farm as our business and workers compensation insurer. We have been with them for probably 8 years or so. Never have they requested or even suggested that I need to drug test for better rates or as a requirement to obtain coverage. Not sure where that myth started .
I choose to drug test on my own for 2 reasons A. I don't do drugs, never have and choose not to be around it. And B. On advice from my business Attorney.
Our insurer has no exposure or liability if an employee would show up high, make a mistake and injure himself or other employees. Insurance covers an accident, act of God (tornado, hail etc) equipment malfunction and such. Immediately after an accident the insurer would request the drug test if they feel the accident was an employee mistake and not equipment failure. If the employee failed the test the insurer would have grounds to deny any claim on the basis that it wasn't an accident. The employee knowingly and willing chose to do drugs hence it will be denied. They would advise me or anyone else to pursue legal action against the employee.
Now here is where B kicks in : lets say the same scenario except another employee was injured also. That employee would hire an attorney who would then sue the business for failure to maintain a safe workplace / workforce for his client and would win if we did not drug test and turned a blind eye. As a business owner I have a legal duty to maintain a safe work environment within known and accepted practices. By drug testing I have met that burden.
When the injured employee gets hurt he has a few options. Sue the employee that caused his injuries or sue the business for failure to maintain a safe work place. The first advice he will get from his attorney is sue the business. 1. Because the employee probably has minimal assests at best and 2. The business maybe willing to settle to avoid attorney costs and bad PR and 3. Who's got deeper pockets ?
I have had to let 3 employees go for failed tests. All 3 failed within 6 months of their start date. Coincidence? I think not. After being hired and taking their initial drug test they probably felt they were home free or plain and simple just didn't have the nerve or will power to just say NO. I have employees that range from a couple years to almost 20 years tenure that have never failed and never complain when their name is drawn. I'll interpret that as they to enjoy a safe , drug free work environment. And for the record if an employee fails the pee test they are summoned back for a blood test or hair folicale sample, their choice. All 3 failed again.
I have no idea what become of them as their short time employed by me there was no time to build a meaningful relationship. The employees that are with me are like family, I know their wife and children by name. I regularly ask how things are going for them and is there anything I can do to help if someone is in need of help. I ask how the kids are doing at school, in their sports etc. Not as a courtesy, but because I appreciate their hard work and care about them
Sid
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Thank You Sid.
Your post re-inforces my opinion that drug testing is needed in big time sprint car racing. It's not about insurance or the costs, it's about protecting your business and a personal decision.
For the sake of this discussion, the WoO, All-Stars, Renegades, NSL, Knoxville, Williams Grove, etc., etc. are businesses. At the end of the day, if drug testing helps protect their business and they feel there is no place for drugs in their business or in their personal lives, they'll probably institute some kind of testing. If the powers that be at those businesses feel it would be wasted money or they think it's ok to do drugs on your "off time", odds are they won't.
The # of failed tests and timeline also don't surprise me (working at a large employer with close to 10,000 employees, the same timeline seems to hold true. It's not the long term employees, it's the newer ones that seem to fail.
I expected nothing less of how you know your long term employees kids, spouses, etc.. Your employees are probably more loyal to you as a result as well.
Hope your business continues to enjoy success for many, many years to come.
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December 04, 2014 at
07:50:52 AM
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Reply to:
Posted By: revjimk on December 04 2014 at 12:35:26 AM
What you refuse to realize is that some of the peope you fired may have smoked a joint 3 weeks ago & be perfectly safe & efficient at work. Some other guy mat come i with hangovers all the time & pass drug test with flying colors
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And who were they working for 3 weeks prior to the test? That was just a stupid analogy.....Bottom line, if you want to do drugs, find a place of work that does not test. If your company tests, you have a choice.....Drugs or quit. How simple is that?
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December 04, 2014 at
08:09:03 AM
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Reply to:
Posted By: maddog53 on December 04 2014 at 07:50:52 AM
And who were they working for 3 weeks prior to the test? That was just a stupid analogy.....Bottom line, if you want to do drugs, find a place of work that does not test. If your company tests, you have a choice.....Drugs or quit. How simple is that?
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actually thats a great analagy. friday after work is not company time and niether are the next 2 days. we are talking about impairment while working or driving on site. not 2 days sgo or 3 weeks ago. maybe anyone convicted of a dui should be put on a years probation from competition. just cuz some choose to live life on the state leash they should force others to be sheep too. pro legalization is the majority now. u folks who are saying deal with it are going to be eating those words in a few yrs. cuz people who smoke will be telling u the same. ur the minority now in this country.
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December 04, 2014 at
08:41:25 AM
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Are the pro legalization people really the majority now or just the ones yelling the loudest?
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December 04, 2014 at
09:25:34 AM
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Reply to:
Posted By: highspeeddirt on December 04 2014 at 08:41:25 AM
Are the pro legalization people really the majority now or just the ones yelling the loudest?
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look at basically any poll. 4 states legal for recreational use and twenty some for medicinal use. i think there are 4-5 more going through the process or will have it on the ballot in the next elections for recreation and and more for medicinal purpose. we can revisit your post and my reply in 2-3 yrs. once the feds defund the state agencies that pursue cannibis that will be all she wrote.
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December 04, 2014 at
09:49:45 AM
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Reply to:
Posted By: hatesfenders on December 04 2014 at 08:09:03 AM
actually thats a great analagy. friday after work is not company time and niether are the next 2 days. we are talking about impairment while working or driving on site. not 2 days sgo or 3 weeks ago. maybe anyone convicted of a dui should be put on a years probation from competition. just cuz some choose to live life on the state leash they should force others to be sheep too. pro legalization is the majority now. u folks who are saying deal with it are going to be eating those words in a few yrs. cuz people who smoke will be telling u the same. ur the minority now in this country.
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The only difference is that it is ILLEGAL to consume ILLEGAL drugs. It is LEGAL to drink and get drunk, unless you are driving.
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December 04, 2014 at
10:21:38 AM
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Reply to:
Posted By: maddog53 on December 04 2014 at 09:49:45 AM
The only difference is that it is ILLEGAL to consume ILLEGAL drugs. It is LEGAL to drink and get drunk, unless you are driving.
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Wow, when you spell it out like that it really sounds hypocritical, why again is the most dangerous drug of all (alcohol) legal?
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December 04, 2014 at
12:13:19 PM
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Reply to:
Posted By: StaggerLee on December 04 2014 at 10:21:38 AM
Wow, when you spell it out like that it really sounds hypocritical, why again is the most dangerous drug of all (alcohol) legal?
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Getting drunk is only legal in the private. It is illegal to get drunk or be drunk in public. Even in a bar.
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December 04, 2014 at
02:24:40 PM
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Thats not true, it's legal to get drunk at the race track, concerts, horse tracks, and stadiums across the country. People get falling down shit faced, if it's truly illegal to do so no one is enforcing it. Alcohol use and abuse is supported by Americans because the Government decided that the drug alcohol is OK, even though it kills more people and ruins more lives than all the other "bad" drugs combined. If that's not hypocrisy I don't know what is. It's also proof that the Govt isn't concerned about your saftey, they get to tax the hell out of alcohol and then fine the hell out of you for using the drug in an irresponsible way, which the majority of drinkers do. But its ok cuz the Govt said so. Why can't the same thing be done with other drugs, I mean if weed was legal and Dale Jr. Was sponsored by Weedy lite brand Marijuana cigarettes, all you sheeple would say there ain't nuthin wrong with weed if Dale Jr has it on his Nascar and the Govt says it's ok now.
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December 04, 2014 at
03:15:45 PM
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Reply to:
Posted By: maddog53 on December 04 2014 at 09:49:45 AM
The only difference is that it is ILLEGAL to consume ILLEGAL drugs. It is LEGAL to drink and get drunk, unless you are driving.
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depends where u live madog. lets say u live in colorado or twenty some other states where u can use it medicinally and have a prescription to cannibis oil. few dabs orally and ur not getting high but it puts thc in ur system. so ur not impaired. now what is ur answer? everyone should be closed minded because u are? we are talking about impairment at the track or workplace, are we not? n
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December 04, 2014 at
03:31:20 PM
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since we have established that it is just plain legal in some areas why dont u use another argumen. either way u look at it ur fighting a losing battle cuz its coming to and it cant be stopped. once u realize all those after school programs and outdated videos on the devils leaf were false it will get easier for u to accept. the government is more worried about industrial hemp being legalized across the country. not pot and not ur safety. big oil, chemical and seed companies know they will lose control of trillions. because everything oil and corn can do hemp does better. imagine a crop that would grow without irrigation, fertilizer and chemical and u could replant ur seed without being sued. imagine being able to have natural medicine without it being patented. oh wait the gov has 2 patents on cannibinoids for medicine while fighting it existance because its not benefitial for medicinial use. weird isnt it.
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December 04, 2014 at
03:34:13 PM
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Reply to:
Posted By: hatesfenders on December 04 2014 at 03:15:45 PM
depends where u live madog. lets say u live in colorado or twenty some other states where u can use it medicinally and have a prescription to cannibis oil. few dabs orally and ur not getting high but it puts thc in ur system. so ur not impaired. now what is ur answer? everyone should be closed minded because u are? we are talking about impairment at the track or workplace, are we not? n
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I don't think I am being close minded. I don't have a horse in this race. I am just adding my 2 cents worth as everyone else is. A differnt point of view, maybe from a different perspective. Oh, and by the way? It may be legal to use in those States, but if you get in an accident or at a traffic stop, and you seem impaired, Mr. Policeman can request you to take a test to see if you are impaired. BINGO, busted. It may be legal to USE, but it is NOT legal to drive while impaired. Your turn.
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December 04, 2014 at
03:44:11 PM
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u made my point. i will give u 2 turns in a row. ur on the clock
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December 04, 2014 at
04:35:42 PM
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Reply to:
Posted By: hatesfenders on December 04 2014 at 03:44:11 PM
u made my point. i will give u 2 turns in a row. ur on the clock
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Nice!!!
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December 04, 2014 at
05:00:16 PM
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Reply to:
Posted By: StaggerLee on December 04 2014 at 02:24:40 PM
Thats not true, it's legal to get drunk at the race track, concerts, horse tracks, and stadiums across the country. People get falling down shit faced, if it's truly illegal to do so no one is enforcing it. Alcohol use and abuse is supported by Americans because the Government decided that the drug alcohol is OK, even though it kills more people and ruins more lives than all the other "bad" drugs combined. If that's not hypocrisy I don't know what is. It's also proof that the Govt isn't concerned about your saftey, they get to tax the hell out of alcohol and then fine the hell out of you for using the drug in an irresponsible way, which the majority of drinkers do. But its ok cuz the Govt said so. Why can't the same thing be done with other drugs, I mean if weed was legal and Dale Jr. Was sponsored by Weedy lite brand Marijuana cigarettes, all you sheeple would say there ain't nuthin wrong with weed if Dale Jr has it on his Nascar and the Govt says it's ok now.
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So nobody has ever been arrested for public intoxication? Fairgrounds, concert halls etc are public places. There may be selective enforcement but it is still illegal.
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December 04, 2014 at
05:23:40 PM
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Reply to:
Posted By: oswald on December 04 2014 at 05:00:16 PM
So nobody has ever been arrested for public intoxication? Fairgrounds, concert halls etc are public places. There may be selective enforcement but it is still illegal.
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So i guess its OK to break that law because every weekend there are many drunken fools stumbling around at race tracks without a bit of concern about getting arrested. Infact unless they get in a fight no one seems to care one bit. I guess the public thinks its less illegal. This isnt about legal and illegal, its about right and wrong. In my eyes its much more wrong to be a drunken beligerant loud mouth, than a quiet smiling behaved polite stoned person. If I had to get in a car after the race i would much rather ride with a weed smoker than a drunk. JMHO
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December 04, 2014 at
05:37:25 PM
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Reply to:
Posted By: oswald on December 04 2014 at 05:00:16 PM
So nobody has ever been arrested for public intoxication? Fairgrounds, concert halls etc are public places. There may be selective enforcement but it is still illegal.
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Thank you.....
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December 04, 2014 at
05:40:19 PM
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Reply to:
Posted By: StaggerLee on December 04 2014 at 05:23:40 PM
So i guess its OK to break that law because every weekend there are many drunken fools stumbling around at race tracks without a bit of concern about getting arrested. Infact unless they get in a fight no one seems to care one bit. I guess the public thinks its less illegal. This isnt about legal and illegal, its about right and wrong. In my eyes its much more wrong to be a drunken beligerant loud mouth, than a quiet smiling behaved polite stoned person. If I had to get in a car after the race i would much rather ride with a weed smoker than a drunk. JMHO
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Stagger, it seems to me that we are argueing the same exact points, but we are wording them totally different. I have had my share of opinions, I will sit back and read everyone elses, whether I agree or not.
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December 04, 2014 at
05:43:55 PM
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Reply to:
Posted By: hatesfenders on December 04 2014 at 08:09:03 AM
actually thats a great analagy. friday after work is not company time and niether are the next 2 days. we are talking about impairment while working or driving on site. not 2 days sgo or 3 weeks ago. maybe anyone convicted of a dui should be put on a years probation from competition. just cuz some choose to live life on the state leash they should force others to be sheep too. pro legalization is the majority now. u folks who are saying deal with it are going to be eating those words in a few yrs. cuz people who smoke will be telling u the same. ur the minority now in this country.
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Hatesfenders,
I feel you are correct and incorrect on a few points ,
I agree with you that legalization is on 3-5 years away from all states but for probably for different reasons. Not because the powers to be are going to one day decide it's not mind altering and ok to use. But rather GREED will be the deciding factor behind closed doors when the bean counters inform the legislators the monetary windfall to be had from sales tax. If Denver, CO. Truly decided to change their laws because they have been mistaken all these year are trying to make a right out of a wrong way is it taxed at a rate of 29% ? Nothing else is taxed at that rate ( except our paychecks :( ) A $30.00 sale will have $8.59 in taxes added on. ( yes, l google the tax rate for on it for Denver ) I guess the reason for legalization really doesn't matter to the pro-drug advocates, just that they got what they wanted. Really doesn't matter how you get from point A to point B ... just that you got there.
When the new hire sat at MY desk and discussed the job duties, requirements and expectations they were also informed in detail our drug test policy and procedures. I did not hire them and surprise them on day one when they showed up for work with a drug test. They had the choice to stand up and say " I don't like your drug policy, I think your living in the past but thank you for considering me, I just don't think your company is a good fit for me ". Really that simple ! There are plenty of companies out there that don't drug test, apply at those and everyone gets what they want. Win-win scenario.
And to me this is the important one....
When it becomes legal....... I will still employ a drug free workforce. I will still drug test to maintain a level of confidence in my workforce. Just because the Gov. Made it legal, I still have the right to not hire drug users. If you wear blue t-shirts and for some weird reason I hate blue t-shirts I have the right to not hire you. There are companies that will not hire cigarette smokers and they are within their rights. There are companies that are now starting to require a level of fitness to be employed by them.The police dept. Has physical and height requirments to be a police officer, etc. See the point I'm making ?
You can't have it both ways : tell me yiu want freedom to do as you choose, but tell meci can't do as I choose.
Trust me there are plenty of non-drug users and drug users to fill the amount of jobs in this country. Maybe the answer is as simple as a business puts a small symbol ( like the trademark R symbol ) at the end of their business logo to identify to people seeking employment that they drug test or they don't. Really almost sounds to simple to be true. Then everyone gets what they want, no child left behind...lol
Sid
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December 04, 2014 at
05:54:54 PM
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Sorry about the few spelling errors guy. My finger must be to fat.... lol
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