Drug and alcohol abuse is a serious problem in workplaces across the United States, including in some veterinary practices, with significant financial implications. According to the National Drug-Free Workplace Alliance, U.S. Department of Labor statistics indicate the following:

• Alcohol and drug abuse cost American businesses $81 billion in lost productivity in just one year

• Substance abusers are absent ten times as often as non-abusers

• Substance abusers are three times as likely to be late to work than non-abusers

• Substance abusers use medical benefits 300% more often than non-abusers

• Substance abusers file 30% to 50% of all workers compensation claims

One method to control the damage inflicted upon a business's bottom line is drug testing, but this is a controversial topic among veterinary practice owners. Controversy arises, in part, because of the sometimes confusing federal and state laws that dictate what a business can or cannot do in regards to testing, and in part because there is a risk of discrimination when policies are not effectively created and/or implemented.

 

  Although no federal law specifically prohibits drug testing, the American with Disabilities Act (ADA) does restrict the scope and timing of the testing. Some states prohibit or restrict certain types of testing, so be sure to be familiar with your state's laws before creating your policies (Click Here for State Info).

 

Note that, although the majority of private employees are not required to drug test, most of them do have the right to test.

 

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On-call situations vary. Some employees are required to remain on the employer's premises or at a location controlled by the employer. One example is a hospital employee who must stay at the hospital in an on-call room. While on-call, the employee is able to sleep, eat, watch television, read a book, etc. but is not allowed to leave the hospital. Other employees are able to leave their employer's premises, but are required to stay within so many minutes or so many miles of the facility and be accessible by telephone or by pager. An example of this type of employee is an apartment maintenance worker who has to carry a pager while on call and must remain within a specified number of miles of the apartment complex.

 

Is your employee required to remain on your premises while he or she is on-call?

While on-call, is your employee able to use his or her on-call time for his or her own purposes?

Is there an amount of time the employee has to respond?

 

An employee who is required to remain on his or her employer's premises or so close thereto that he or she cannot use the time effectively for his or her own purposes is working while on-call.

 

Whether hours spent on-call is hours worked is a question of fact to be decided on a case-by-case basis. All on-call time is not hours worked.

 

Off Duty Waiting Time

 

Off duty waiting time or layover time is a period during which the employee is waiting to be engaged and is not hours worked.

 

Off duty waiting time or layover time is not hours worked if:

1. your employee is completely relieved from duty;
2. the periods are long enough to enable your employee to use the time effectively for his or her own purposes;
3. your employee is definitely told in advance that he or she may leave the job; and
4. your employee is advised of the time that he or she is required to return to work.

All of the above requirements must be met or the employee is working while waiting.

Whether the time is long enough to enable your employee to use the time effectively for his or her own purpose depends upon all of the facts and circumstances of the case.

For example, a truck driver is sent from Washington, D.C., to New York City, leaving at 6:00 a.m. and arriving at 12:00 noon. If the driver is completely and specifically relieved from all duty until 6:00 p.m. when he or she again goes on duty for the return trip, he or she is waiting to be engaged and the time is not hours worked.

 

 What are your employees?

 

VSIPP 2015 Annual Conference:  To our specialty practice clients, we hope to see you at the conference.  VSIPP Annual Conference is  one of its kind for specialty practices.