Human Resource Blog

Full Exam and Drug Screen before allowed to return to work

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Jan. 25 2008 was the last day I worked. I had found out I had a rupture disk and took two weeks vacation so I would receive money. I seen my family doctor, she got me into see a neurosurgeon. My first appt. the neurosergeon told me surgery was my only option. There was a two week waiting period before my surgery. I had surgery on 2/20/08 then a follow up on 2/27/08 and was told to return (still under their care)on 3/31/08.

I contacted my boss to remind him I had my appt with the neurosurgeon and if released I would be back to work. My boss wrote the following to me in an email “When you are relased I will nedd to send you to Contractor Medical for a return to work Physical and drug test. Then you will be able to start work. Do you want your old shift back?”
My questions
Can they require me to have a physical and drug test? Can they postpone me returning to work until I do this and have to wait for the drug test results?
I work in the railroad career field, I have worked for this company two years in the state of TN.

A very specific set of laws governs the railroad industry, under the aegis of the Department of Transportation. And, most railroad workers are union members, which means that they work under a collective bargaining agreement. So, it’s not possible to comment directly on your situation, without reading the union contract.

However, the answer is probably “yes” the employer can require both a medical exam and a drug test from a railroad employee returning from medical leave.

Even in general industry, employers are permitted to require “fitness for duty” certification by a doctor before an employee returns to work, under the new FMLA regulations. If an employer likes, he or she can require a second or third medical exam an opinion – as long as the employer pays for it.

Railroad employees have traditionally had to meet a higher standard for medical fitness than, say, the employee working the drive-thru at a local fast-food restaurant. That’s because the potential for harm is much greater.

Regarding the drug test, it also appears that railroad companies can unilaterally impose these without consulting the union, under a 1989 Supreme Court Decision.

If you think about it, this makes sense.  Employees who have surgery, especially back surgery, are frequently given painkillers and other prescription drugs. It’s vital to safety that railroad employees be drug-free. So, the employer needs to be assured that the employee is unmedicated and able to do his or her job safely.

It may not take as long as you fear for results of drug tests. Many companies offer these results within a day or two.

The Americans with Disabilities Act prohibits employers from giving workers medical tests unless the tests are necessary to show that a worker can safely perform a particular job, or to show that a worker is not a threat to anyone else. The medical exam meets the first condition, and the drug test meets the second condition.