- May 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Dealing with Being Stood Down at Work Due to Prescription Medication
Hi all,
I am currently employed by one of the major mining companies in Western Australia and have been a part of the company for over 5 years now. Recently, I was diagnosed with ADHD and have been prescribed Vyvance for approximately 2 years.
Last year, I underwent a drug screening test which is a standard procedure in our industry. I made sure to be prepared with my prescription bottle and a letter from my doctor. However, things took an unexpected turn when my manager had to be called in, along with a site representative and a supervisor, all of whom had to sign off that I was fit for work. It was a slightly embarrassing situation considering the fact that I am prescribed the medication, but I tried to brush it off.
Just recently, I had to undergo a second drug screening test. I followed the same protocol as before – providing my prescription and a letter from my doctor, as well as completing a medical exemption form. The test resulted in a positive reading for amphetamines, with a very faint line for methamphetamine. The medic explained that this can sometimes occur, but I didn’t give it much thought until I was informed that it was policy for me to be stood down until the lab results confirmed the findings. This led to another supervisor having to come and pick me up, which was quite frustrating.
After being stood down, I had to pack my belongings and cancel my meetings, which was not only inconvenient but also quite humiliating. While waiting back at the camp to fly out, I was approached by security and asked to accompany them back to my room. I had to pack my belongings under their supervision and was not allowed to leave anything behind. The reason given was the “non-negative” positive reading for meth, which required them to conduct a search of both me and my room. It felt like I was being treated like a criminal, especially when more people were involved in the search of my room. The entire process left a bitter taste in my mouth.
As someone working in the mining industry, I’m left wondering if this is a common practice. It feels discriminatory to be treated in such a manner despite having a legitimate prescription for my medication. I’m unsure if others have had to deal with similar situations.
In the end, I was stood down for a week, thankfully with pay. However, I am concerned about the possibility of this happening again. Is there any recourse for me to file a complaint regarding how I was treated?
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****** just grabbed a
I’ve been one of those supervisors before.
Yes it is standard practice to search (with permission) your room and belongings. Mainly because if you happen to be positive on day 10 of your swing, you have been smoking on-site.
Had you informed them of your medication prior?
As for the treatment, pretty standard, maybe a bit OTT.
The additional testing should only take a few extra hours, not a week though. Add an extra day to retest due to the meth marker.
You can complain, there’s no money in it for you though.
Also, it was the test / lab that showed you were positive for meth. Your workplace is following their policy and procedures for when someone returns a hit on meth.
I mean the repeat treatment is a bit rough but the testing and stand down are above board albeit embarrassing for OP.
You can talk to your employer about submitting to lab tests only in lieu of saliva testing. Especially after a couple of non-negative results.
Saliva tests are a blunt instrument and it will be difficult for a big mining company to do anything that’s not process. OP will likely find any non negative or positive test result requires a stand down as it opens them up to liability if they don’t.
First of all, I’m sorry that happened to you. It must have been stressful.
Working for one of the big miners, it’s likely that they will have roles in HR that are focused on diversity.
Try searching through the intranet or organisation structure for someone with “Diversity” or “Inclusion” in their role or title. Reach out and share your story. People in these roles are there to change policies and procedures to ensure a range of people are able to do their jobs without barriers.
No, this isn’t the standard practice. If you are prescribed the drug and declare it with proof before the drug test to the tester it should be fine. You should be able to continue working while the sample is sent off for comprehensive lab testing. Ask to see a copy of the drug testing policy from HR.
Surely you can get another test done immediately in this scenario?
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[deleted]
Sound off, in any presumptive test a “line is a line” and a faint line doesn’t indicate the presence of a substance. Did you get photos of the test panel? Either way if your not swinging off the backend of a pipe you should be alright.
No this is not standard procedure. Over 10 years in the game and have worked for all the big crowds. Never heard of this.
Normally you return to work as you have a medical certificate or worse case stood down in ya room full pay until results are back clearing you.
Impossible
you took meth by some means like someone spiking your drinking with meth or intentionally, apparently
Contact the manufacturer with the batch number and inquire about it. Extremely unlikely.
Go get a hair follicle test , not cheap though