So you have decided that you want to develop a drug and alcohol testing policy, but are not sure where to start. This can be an overwhelming project for many companies, as State and Federal laws can be somewhat difficult to understand.
On this page, we will cover the following regarding implementing a drug testing program and a drug free workplace policy:
Check out our free white paper on creating your Drug Screening Policy.
Drug Free Workplace Policies are more important then ever. Do you need a new or revised drug testing policy to reduce exposure to liability? Have you addressed marijuana in your policy?
If your drug testing policy is required by some sort of Federal or State regulations, those regulations will be your starting point. Hiring a professional consultant who has experience creating compliant drug and alcohol testing policies can save you a ton of time and stress. State laws on drug testing should always be considered for your policy for the States in which your operate. Specific marijuana state laws should also be considered.
National Drug Screening has been in the drug and alcohol testing industry for over 25 years. We have developed numerous policies for companies throughout the United States. We have extensive knowledge in State and Federal Regulations and can help you create a drug testing policy from scratch, or bring an existing policy up-to-date.
Contact us to learn more about how we can help you.
Reasons To Implement A Drug Free Workplace Policy
Employers often ask us, do I need a drug free workplace policy? The answer is most often yes, but there are many different circumstances as to why. The most common reasons include:
- Required by Federal regulations – all DOT regulated employers
- Required because you have a Federal Grant or you have a Federal Contract
- Required by a State law or State agency regulations
- Required by a State program granting you a discount on workers compensation insurance
- Contractual requirement based on requirements from a Company you do business with
- Required by your workers compensation insurance company
- Because you want to limit exposure to liability in your drug testing program
- To deny unemployment benefits when you terminate an employee for a refusal to test or a positive test
- To deny workers compensation benefits when an employee after an accident refuses to test or tests positive
The written policy is the foundation of a drug-free workplace program. It establishes the who, what, where and how of your drug testing program. In the program, it is very important to identify clearly the specific consequences of violating the policy with a positive test or a refusal to test.
Policies should also inform employees on how to get help if they have a substance abuse problem. Establishing an employee assistance program is critical to the success of the program. This may be a formal program often connected to health insurance or an informal program listing resources for employees that may want to seek help.
When establishing goals for your drug-free policy, a best practice is to have a policy that creates cost-effective, safe, and healthy workplaces. The main goal and outcome, which is most obvious, is to reduce or eliminate workplace drug use.
A great resource is provided by the Substance Abuse and Mental Health Services Administration (SAMHSA). It is called the Drug Free Workplace Toolkit.
Key Elements Of An Effective Drug Free Workplace Policy
The key elements of a good drug-free workplace policy are as follows:
- How does the organization define substance abuse?
- What employee behaviors are expected?
- Exactly what substances and behaviors are prohibited?
- Who is covered by the policy?
- How does the organization define substance abuse?
- When will the policy apply? (For example, will it apply during work hours only, or also during organization-sponsored events after hours?)
- Where will the policy apply? (For example, will it apply in the workplace, outside the workplace while workers are on duty, in organization-owned vehicles while workers are off duty?)
- Who is responsible for carrying out and enforcing the policy?
- What types of drug and alcohol testing will be required?
- Are any employees covered by the terms of a collective bargaining agreement, and, if so, how do the terms affect the way the policy will be carried out and enforced for those employees?
Ensuring your drug-free policy includes these elements is essential for success. Your policy needs to be detailed and cover each and every one of these elements, in-depth. The bottom line in all drug-free workplace policy situations, management has to make some decisions about how to address these issues.
Drug Testing Policy Provisions
A carefully controlled and monitored employee drug testing policy should include provisions for testing:
- Pre-employment testing
- When there is reasonable suspicion that an employee has been involved in illegal drug use,
- When an employee has been involved in an accident or unsafe practice,
- As part of a program of return to duty, counseling or rehabilitation, and
- Any random testing requirements
Your employees don’t want to work next to drug users. They want a clear and concise drug free workplace policy. They want to be educated about your policies regarding illegal drugs. They also want to know exactly how you company addresses medical marijuana.
At National Drug Screening we help employers create custom drug free workplace policies. We also review existing policies to determine if an update or complete rewrite might be necessary.
Your policy should always clearly state the consequences of violating the policy with a positive drug or alcohol test.
Distribution & Education Of Your Workplace Policy
Distribution and education of your drug free workplace written policy is critically important. All existing and all new employees moving forward should get a copy of the policy and have an opportunity to ask questions.
Questions that will likely come up include:
- What are the purposes of the policy and the program?
- Who is covered by the policy?
- When will the policy apply?
- What behaviors are prohibited?
- Are employees required to notify supervisors of drug-related convictions?
- Does the program include drug testing? And if so:
- Who gets tested?
- When are drug tests given?
- Who does the drug testing?
- Who pays for drug testing?
- What steps are taken to ensure the accuracy of the drug tests?
- What are the legal rights of employees who test positive?
- What are the consequences for violating the policy?
- Are there return-to-work agreements?
- What type of assistance is available to employees needing help?
- How is employee confidentiality protected?
- Who is responsible for enforcing the policy?
- Who is responsible for answering any questions?
When National Drug Screening helps you develop your drug free workplace policy, the above questions are covered, so you know exactly how to respond. A custom policy is written based on your companies specifications and regulations you are required to follow. Custom drug and alcohol testing policies are available for every State. We can also help develop a complete, drug free workplace program for many States including: Alabama, Arkansas, Florida, Georgia, Idaho, Mississippi, Ohio, South Carolina, Tennessee, Virginia and Wyoming.
National Drug Screening can also help you write a drug and alcohol workplace policy for employers regulated by the various DOT agencies including: FMCSA, FRA, FTA, FAA, PHMSA and USCG. These policies confirm to the Federal agency regulations and DOT regulations 49 CFR Part 40 for drug & alcohol testing programs.
As with any company policy, have your legal expert review your final draft of your drug free workplace policy before implementation. Contact National Drug Screening for assistance in developing your drug free policy today.
Recommended Follow Up: State Laws For Workplace Drug Testing
