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  1. #1
    Join Date
    Nov 2010
    Posts
    5

    Default Liability for Hiring a Driver With a Drug History

    My question involves a hypothetical future injury occurring in the state of: California

    I am looking to work as a limousine driver/wine tour guide. Back in January, I tested positive for marijuana, and subsequently lost my job. I was working as a wine tour guide/chauffeur.

    The person I spoke with today, is concerned that, if hypothetically, I get into an accident in the future, (assuming he hires me) being that I have to have an SAP (substance abuse professional) on file, (I am required under state and federal law to have an SAP on file for 3 years) would the company be held accountable for hiring someone with an SAP on file?

    From what I understand, the SAP is the person responsible for making the determination to put an employee in a safety sensitive position.


    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Liability for Hiring a Driver With a Drug History

    I expect that they're worried about a negligent hiring lawsuit if you cause an accident and are found to have marijuana in your system.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Liability for Hiring a Driver With a Drug History

    Tell them that you are willing to submit to monthly as well as random drug tests to prove there are no illegal substances in your system.

    See how they respond.

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