CLDA Spring Magazine - FINAL - Page 36

In the past , you may have unintentionally made some allowances for personal use of substances like marijuana . But you may not have specifically mentioned that these allowances mean it ’ s okay for drivers when they are working . A well-thought-out plan that accounts for what your business wants will allow you and your team to navigate your way through .
There are typically two important decisions you will need to make regarding these issues : testing and sanctions . Given that the logistics industry typically involves working at a fast pace and around heavy equipment , it would seem prudent that any drug testing policy would account for things like CBD and Delta-8 THC . This could entail a simple statement in your policy and / or handbook that CBD and Delta-8THC will be treated like alcohol or any other controlled substance while people are on the job . This provides clear expectations to your team and provides no real room for argument . Another smart component of any drug testing policy would incorporate a very quick questionnaire for an employee or IC to complete prior to testing regarding what he or she believes the testing will show .
Implementing such a preliminary process of “ honesty is the best policy ” could also give your business a bit of leeway in deciding what to do regarding sanctions in a specific case . Your actions must be uniform regardless of the circumstances . Some measure of flexibility is also important . What is important is that the policy create the flexibility you want . Incorporating a 5-Step Sanction policy for some violations versus a 3-Step Sanction policy for others versus immediate separation is appropriate depending on the seriousness of the infraction . This policy should always be applied equally to every person . Oftentimes when attorneys are questioned on how to handle an employment situation , the first response will be “ What does your policy say ?” Keep this question in mind when crafting and applying your own policy .
Educate Your Workforce
The third step is educating your workforce . Set expectations at the beginning of the tenure of your employees and ICs . You will want to create a written document that does two things : 1 ) advises the new employee / independent contractor of the testing requirements and the ramifications for non-compliance and 2 ) requires them to acknowledge in writing that they are aware of the policies .
While setting expectations upon hiring is essential , the best practice is to continue to reinforce your expectations in regular intervals . Does that mean a daily Slack message or an automated message when an employee / independent contractor clocks in or accepts a route ? Probably not , although there could be no clearer signal . In reality , something along the lines of a quarterly reminder ( ideally one your workforce signs ) is a good balance between awareness and protection . The key is deciding what interval works best for the business and then implementing procedures to ensure the reinforcement of the expectations . That ’ s the safest way to keep your drivers on the road legally . CLDA
Cristine K . Huffine , Swift , Currie , McGhee and Hiers , LLP
Todd Boyce , Swift , Currie , McGhee and Hiers , LLP
Cristine K . Huffine is a partner at the law firm of Swift , Currie , McGhee and Hiers , LLP . Todd Boyce is a senior associate at the firm . Swift , Currie is a 50-year-old law firm with 160 attorneys that represents clients across the country . Cristine K . Huffine represents employers , professional employment organizations , insurance companies , servicing agents and self-insureds in workers ’ compensation claims . Todd Boyce practices in the workers ’ compensation section . He represents businesses in the fields of manufacturing , logistics , sales , consumer goods and insurance . For more information , see swiftcurrie . com or contact Cristine at Cristine . Huffine @ swiftcurrie . com or Todd Boyce , Todd . Boyce @ swiftcurrie . com .
36 customized logistics & delivery Magazine spring 2022