trainers: what are the worst ways you had to send a student home?

Semi retired semi driver; i actually read the rules: ( If you voluntarily seek drug rehab before termination, however, your job will be protected)
Does an employer have to offer drug rehab before termination? Americans with Disabilities ActIn general terms, the Americans with Disabilities Act (ADA) protects an employee from disability discrimination is the employee has a disability and the employee is qualified for his or her position with or without reasonable accommodation. Note that ADA only applies to an employer that has more than 15 employees.
Chemical dependency is considered a disability. However, there is an exception for employees that are currently abusing drugs and/or alcohol. If the drug and alcohol use affects job performance, that can be grounds for termination. Basically, the law looks to the moment of actual termination to determine whether the employee is a current drug or alcohol abuser. It does not look at past transgressions due to drug and alcohol abuse. So if a person seeks drug and alcohol treatment voluntarily before they are fired, they cannot be fired for past errors or omissions due to drug and alcohol use.
So the short answer is no. Your employer does not have to offer drug rehab before termination. If you voluntarily seek drug rehab before termination, however, your job will be protected. Also, your employer must accommodate you if you are seeking treatment for drug and alcohol dependency.
The ADA also protects new employees. Potential employers are not allowed to ask about past drug or alcohol abuse or treatment for drug and or alcohol dependency; Semi Retired Semi Driver, ...i would probably terminate but, done with ethics.

 

So you read the regulation but you still don't understand the situation. If you are busted in a safety sensitive situation there is no requirement for rehab. You are busted end of story

 

Does the disabilities act apply to professional drivers?

 

Both of these situations mean the driver or student is done.. The one thing that has been universal for the companies I have trained for is that the use of drugs or alcohol is instant termination and the driver/student is no longer a student or driver. They are on the bus.

 

Honestly I do not know for sure.. but considering that the driver MUST meet certain standards to be physically able to receive a medical card and a lot of states do not give waivers for the things that get most drivers... I doubt it. Nor personally do I think they should.

 

if, a Cop catches you...its a violation of law. If, your employer suspects you, then before the breath/hair/urine (whatever) alcohol test is given, the employee declares he has a problem with alcohol/drugs & requests to attend a treatment program. If the employer administers the test, the employee can not be fired due to that test results. The employer does not have to offer the option of treatment but the employer whom does not acknowledge the employee's disability will be in violation of the law. (read it again, carefully)

 

I don't know if the ADA act applies in it's entirety, but I do know the reasonable accommodation portion does.

 

Thank you very much.

 

trainers: what are the worst ways you had to send a student home? This is a great topic, to find older experienced trainers so adamant in their beliefs:

1), http://www.choosehelp.com/news/poli...trucking-company-which-fired-alcoholic-driver

2), The conclusion to the Court case: http://www.landlinemag.com/Story.aspx?StoryID=25390#.VBb1jfldVX8

 

Yes it does.