Duplicate- See MSHA-2008-0014.   Alcohol- and Drug-Free Mines: Policy, Prohibitions, Testing, Training, and Assistance
2008-09-24 2008-09-16 2008-09-24
MSHA-2008-0011-0016 MSHA-2008-0011-0011 MSHA-2008-0011-0018
04:00:00 04:00:00 04:00:00
https://api.regulations.gov/v4/comments/MSHA-2008-0011-0016 https://api.regulations.gov/v4/comments/MSHA-2008-0011-0011 https://api.regulations.gov/v4/comments/MSHA-2008-0011-0018
William Larry Woody
Snyder Evans Sanderson
I am concerned that the option of immediately dismissing a miner for use of prohibited substances on mine property and during working hours in not allowed under the rule.I need to be able to dismiss any employee that uses drugs or alcohol at work, and all other policies allow this option.I would prefer to dismiss a miner found using or under the influence of prohibited substances.The only formal Drug and Alcohol abuse policy we have is DOT required and compliant.  Under this plan, an employee found using alcohol at work is dismissed instantly.  Many other employees, under no formal policy, would also be instantly dismissed for using drugs or alcohol at work.Now, MSHA is proposing that under identical circumstances, I may not dismiss a miner for violating a formal policy !Who pays for the SAP counseling ?  Who pays for return to work and follow up testing ?  How long must I offer job security ?ANY employee, miner or otherwise, needs to be dismissed upon positive test results, or when found using drugs or alcohol at work ! Federal and state employment laws generally permit an employer to have a zero tolerance policy forbidding the use of alcohol and controlled substances in the workplace, and permitting discipline (up to and including termination) for violation of that policy.  After decades of ever-increasing awareness of the societal toll of alcohol and drug abuse, there are a wide variety of federal, state and local public health programs (and a wide array of private sector programs) addressing this toll.  Against the well-developed background, MSHAs proposed rule is a poor solution in search of a non-existent problem.  For this reason, Oil-Dri Corporation of America and its affiliates strongly object to the proposed rule.MSHA would be exceeding its authority provided by Congress in requiring a mine operator to re-assign anyone to another position for any reason, and to require a mine operator to extend job security to anyone in violation of any employment matter.  MSHA cannot direct the workforce.The proposed rule would only require mine operators to offer job security to those miners who violate the alcohol- and drug-free mine policy for the first time provided they follow the SAP treatment recommendations and required return-to-duty procedures.MSHAs current requirement is clear and concise, and extending the current requirement to the coal industry should be the initial and logical step. Intoxicating beverages and narcotics shall not be permitted or used in or around mines. Persons under the influence of alcohol or narcotics shall not be permitted on the job.Larry R. EvansCorporate Health  Safety ManagerOil-Dri Corporation of AmericaP.O. Box 380, 28990 Georgia Hwy 3 NOchlocknee, GA 31773Office229-574-4270Fax229-574-4260Toll Free  800-634-0315 x4270Cell478-986-7635larry.evans@oildri.com Most of the mines I am familiar with already have a zero tolerance policy for drug and alcohol use. The three mines I supervise all have a written zero tolerence policy with pre-employment testing and random testing. This is expensive but I believe it works to keep our work place safe. There is no question in our workforce on what is expected and the consequences if an employee violates the policy. To require a company to reassign an employee caught under the influence after he knowingly violated that policy and to have that company accept the expense and business disruption that goes with sending them out for assistance is wrong. It doesnt stop substance abuse because those that are prone to use drugs or alcohol on the job know they get a second chance if caught.  