Pizza Today - March 2016 - 68

employee's condition contributed to the
accident, Wulffson explains. However,
says Denver-based Danielle Urban,
attorney and partner with Fisher &
Phillips, a labor and employment law
firm headquartered in Atlanta, other
states allow post-accident testing after
any accident.
Random drug testing can be a minefield. "In most states you can random
drug test, but to avoid legal issues,
employers can test a certain percent
of employees, all employees, or limit
the testing to specific positions," says
Urban. Employers cannot pick on just
certain employees; all those qualifying
for random screening - like delivery
drivers, for example - must at some
point be screened. The best strategy
for avoiding charges of discrimination/
harassment? Have an outside agency do
the selection, she says.
However, Wulffson says, although
federal law allows random testing
everywhere for certain occupations -
think airline pilots or interstate truck
drivers - many states don't allow it,
except for employees in safety-sensitive
positions (according to Urban, many
states haven't defined "safety sensitive,"
so this can be problematic).
"But in some states, the requirements
are so high they're easy to violate," Wulffson says. "My thought is no employer
should do random testing without legal
counsel."
Drug testing based on reasonable
suspicion that an employee is under
the influence works everywhere, says
Wulffson. Still, employers must take
care. A designated employee should be
trained to make the assessment - and
be able to do so without violating medical privacy laws - that someone needs
to be tested, he says. This should be the
same person every time (per shift).
Employers should establish a relationship with a qualified testing facility
(some states require using state-licensed
labs, says Oswald). The employee should
be driven there by another employee to
ensure the person actually goes. Plus,
someone thought to be under the influ6 8 / P I Z Z AT O D AY. C O M / M A R C H 2 0 1 6

ence shouldn't be driving, says Wulffson.
Medical marijuana has thrown a
curve into drug-testing, says Urban.

"Some states don't protect the right to
use medical marijuana, so employers are
free to have a zero-tolerance policy," she
says. "If post-accident or random drug
testing reveals the presence of marijuana
- and the person must have a medicalmarijuana card - he can still be fired,
even if he had smoked days earlier."
However, in other states employers
can't make testing positive for medical
marijuana grounds for firing, unless the
employee is in a safety-sensitive position, or shows up impaired, or smokes/
consumes it while on the job, Urban
says, adding that she knows of no state
protecting recreational marijuana use.
(Testing positive for medical marijuana
in these states also wouldn't necessarily
be grounds for rescinding a job offer,
unless for safety-sensitive positions.)
Wulffson advises all employers
to have a policy defining medical
marijuana as an illegal drug - "It's a

violation of federal law everywhere," he
explains - explicitly stating employees
cannot possess it or use it on the job, or
arrive to work under the influence and
that if they do so they'll be fired. This
policy should additionally state that the
improper use of prescription drugs or
OTC medications won't be tolerated.
Oswald says employers should always
seek counsel before implementing
any screening program to ensure it's
reasonable and legal. The plan published
by the Substance Abuse and Mental
Health Services Administration (SAMHSA) is one many employers follow, he
says.
Oswald also recommends:
* Putting the program in writing.
Explain it clearly. Have employees sign
they understand it. Also post in common areas.
* Training managers to implement
the program appropriately. Ensure
they're not using screening as a way to
harass/punish employees (testing on

reasonable suspicion is easily abused
by managers, he cautions).
Wulffson believes it's in employers'
best interests to have a drug-testing
policy in place. "Without this, you
can't test at all," he explains. "And it
needs to be zero tolerance. If an
employee is under the influence at
work, you need to fire him." n
PAMELA MILLS-SENN is a freelancer
specializing in writing on topics of
interest to all manner of businesses. She is
based in Long Beach, California.

Creating
Drug-Free
Environments
Dr. Indra Cidambi, medical
director/founder of the Center for
Network Therapy, a Middlesex, New
Jersey, outpatient drug program,
says the food service industry has
among the highest rate of illicit drug
use. A factor is the stressful nature
of the job, which can encourage
self-medicating/drug abuse, says
Cidambi. Restaurant operators/managers can lessen the likelihood of this
happening by:
* Being mindful of what employees are facing; offer support.
* Cross-training employees and
rotating jobs, preventing burnout and
boredom.
* Staffing appropriately; bringing
on more employees during rushes,
reducing their numbers during downtime.
What not to do? "Don't turn a
blind eye to a problem or condone the
behavior," Cidambi says. "You cannot be a part of it. And don't worry
about the consequences of forcefully
addressing the problem." By failing
to do so, restaurant operators are
potentially placing other employees,
customers and even their business at
risk, she says.


http://www.PIZZATODAY.COM

Pizza Today - March 2016

Table of Contents for the Digital Edition of Pizza Today - March 2016

Pizza Today - March 2016
Commentary
Contents
Contributors
Expo Spotlight
Interact
Conversation
Man on the Street
Respecting the Craft
Trending Recipes
Destinations
Dough Doctor
The Power of Signage
Common Customer Complaints
Pagers vs. Texts
Non-Traditional Sauces
Hot Topping: Mushrooms
Burrata
Baked Pasta
Online Ordering
Team Meeting Game Plan
Drug Testing
Opening a Second Location
Beer Clubs
Thriving in a Limited Market
Mobile Pizza Kitchens
Insider’s Guide to Pizza Expo
Pizza Today on the Road: Spacca Napoli, Chicago, Il
Pizza Today on the Road: Post Office Pies, Birmingham, Al
Pizza Today on the Road: Slice Pizza & Brewhouse, Birmingham, Al
Preferred Supplier
Expo Showcase
Pizza Today Yellow Pages
The Marketplace
Reader’s Resource
Snapped
Pizza Today - March 2016 - CT1
Pizza Today - March 2016 - CT2
Pizza Today - March 2016 - Pizza Today - March 2016
Pizza Today - March 2016 - Cover2
Pizza Today - March 2016 - Commentary
Pizza Today - March 2016 - 4
Pizza Today - March 2016 - 5
Pizza Today - March 2016 - Contents
Pizza Today - March 2016 - 7
Pizza Today - March 2016 - 8
Pizza Today - March 2016 - 9
Pizza Today - March 2016 - Contributors
Pizza Today - March 2016 - 11
Pizza Today - March 2016 - Expo Spotlight
Pizza Today - March 2016 - 13
Pizza Today - March 2016 - Interact
Pizza Today - March 2016 - 15
Pizza Today - March 2016 - Conversation
Pizza Today - March 2016 - 17
Pizza Today - March 2016 - Man on the Street
Pizza Today - March 2016 - 19
Pizza Today - March 2016 - Respecting the Craft
Pizza Today - March 2016 - 21
Pizza Today - March 2016 - Trending Recipes
Pizza Today - March 2016 - 23
Pizza Today - March 2016 - Destinations
Pizza Today - March 2016 - 25
Pizza Today - March 2016 - Dough Doctor
Pizza Today - March 2016 - 27
Pizza Today - March 2016 - 28
Pizza Today - March 2016 - 29
Pizza Today - March 2016 - The Power of Signage
Pizza Today - March 2016 - 31
Pizza Today - March 2016 - 32
Pizza Today - March 2016 - 33
Pizza Today - March 2016 - Common Customer Complaints
Pizza Today - March 2016 - 35
Pizza Today - March 2016 - 36
Pizza Today - March 2016 - 37
Pizza Today - March 2016 - Pagers vs. Texts
Pizza Today - March 2016 - 39
Pizza Today - March 2016 - 40
Pizza Today - March 2016 - 41
Pizza Today - March 2016 - Non-Traditional Sauces
Pizza Today - March 2016 - 43
Pizza Today - March 2016 - 44
Pizza Today - March 2016 - 45
Pizza Today - March 2016 - Hot Topping: Mushrooms
Pizza Today - March 2016 - 47
Pizza Today - March 2016 - 48
Pizza Today - March 2016 - 49
Pizza Today - March 2016 - Burrata
Pizza Today - March 2016 - 51
Pizza Today - March 2016 - 52
Pizza Today - March 2016 - 53
Pizza Today - March 2016 - Baked Pasta
Pizza Today - March 2016 - 55
Pizza Today - March 2016 - 56
Pizza Today - March 2016 - 57
Pizza Today - March 2016 - Online Ordering
Pizza Today - March 2016 - 59
Pizza Today - March 2016 - 60
Pizza Today - March 2016 - 61
Pizza Today - March 2016 - Team Meeting Game Plan
Pizza Today - March 2016 - 63
Pizza Today - March 2016 - 64
Pizza Today - March 2016 - 65
Pizza Today - March 2016 - Drug Testing
Pizza Today - March 2016 - 67
Pizza Today - March 2016 - 68
Pizza Today - March 2016 - 69
Pizza Today - March 2016 - Opening a Second Location
Pizza Today - March 2016 - 71
Pizza Today - March 2016 - 72
Pizza Today - March 2016 - 73
Pizza Today - March 2016 - Beer Clubs
Pizza Today - March 2016 - 75
Pizza Today - March 2016 - 76
Pizza Today - March 2016 - 77
Pizza Today - March 2016 - Thriving in a Limited Market
Pizza Today - March 2016 - 79
Pizza Today - March 2016 - 80
Pizza Today - March 2016 - 81
Pizza Today - March 2016 - Mobile Pizza Kitchens
Pizza Today - March 2016 - 83
Pizza Today - March 2016 - 84
Pizza Today - March 2016 - 85
Pizza Today - March 2016 - Insider’s Guide to Pizza Expo
Pizza Today - March 2016 - 87
Pizza Today - March 2016 - 88
Pizza Today - March 2016 - 89
Pizza Today - March 2016 - Pizza Today on the Road: Spacca Napoli, Chicago, Il
Pizza Today - March 2016 - 91
Pizza Today - March 2016 - 92
Pizza Today - March 2016 - 93
Pizza Today - March 2016 - 94
Pizza Today - March 2016 - 95
Pizza Today - March 2016 - 96
Pizza Today - March 2016 - 97
Pizza Today - March 2016 - 98
Pizza Today - March 2016 - 99
Pizza Today - March 2016 - Pizza Today on the Road: Post Office Pies, Birmingham, Al
Pizza Today - March 2016 - 101
Pizza Today - March 2016 - 102
Pizza Today - March 2016 - 103
Pizza Today - March 2016 - Pizza Today on the Road: Slice Pizza & Brewhouse, Birmingham, Al
Pizza Today - March 2016 - 105
Pizza Today - March 2016 - 106
Pizza Today - March 2016 - 107
Pizza Today - March 2016 - Preferred Supplier
Pizza Today - March 2016 - 109
Pizza Today - March 2016 - 110
Pizza Today - March 2016 - 111
Pizza Today - March 2016 - 112
Pizza Today - March 2016 - 113
Pizza Today - March 2016 - 114
Pizza Today - March 2016 - 115
Pizza Today - March 2016 - 116
Pizza Today - March 2016 - 117
Pizza Today - March 2016 - 118
Pizza Today - March 2016 - 119
Pizza Today - March 2016 - 120
Pizza Today - March 2016 - 121
Pizza Today - March 2016 - 122
Pizza Today - March 2016 - 123
Pizza Today - March 2016 - 124
Pizza Today - March 2016 - 125
Pizza Today - March 2016 - 126
Pizza Today - March 2016 - 127
Pizza Today - March 2016 - 128
Pizza Today - March 2016 - 129
Pizza Today - March 2016 - Expo Showcase
Pizza Today - March 2016 - 131
Pizza Today - March 2016 - 132
Pizza Today - March 2016 - 133
Pizza Today - March 2016 - 134
Pizza Today - March 2016 - 135
Pizza Today - March 2016 - Pizza Today Yellow Pages
Pizza Today - March 2016 - 137
Pizza Today - March 2016 - 138
Pizza Today - March 2016 - 139
Pizza Today - March 2016 - 140
Pizza Today - March 2016 - 141
Pizza Today - March 2016 - 142
Pizza Today - March 2016 - 143
Pizza Today - March 2016 - 144
Pizza Today - March 2016 - The Marketplace
Pizza Today - March 2016 - 146
Pizza Today - March 2016 - 147
Pizza Today - March 2016 - 148
Pizza Today - March 2016 - 149
Pizza Today - March 2016 - 150
Pizza Today - March 2016 - 151
Pizza Today - March 2016 - 152
Pizza Today - March 2016 - 153
Pizza Today - March 2016 - 154
Pizza Today - March 2016 - 155
Pizza Today - March 2016 - 156
Pizza Today - March 2016 - 157
Pizza Today - March 2016 - 158
Pizza Today - March 2016 - 159
Pizza Today - March 2016 - 160
Pizza Today - March 2016 - Reader’s Resource
Pizza Today - March 2016 - Snapped
Pizza Today - March 2016 - Cover3
Pizza Today - March 2016 - Cover4
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