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What
is a Workplace Drug
Program?
A Workplace Drug Program is constructed to prevent,
identify, and deal with behavior and issues related to drugs and their impact on
the workplace.
The elements of a Workplace Drug Program may include several or
all of the following: (Please click the plus sign for more details)
A COMPANY DRUG POLICY
A written
policy that states what is prohibited by whom, and the consequences of violating
the policy. The policy should apply to everyone equally, management and
employers alike. Employees should be required to read, and consent to this
policy by signature, as a condition of employment. In businesses where there
exists a bargaining unit for the employees, their bargaining unit (i.e. Union)
should be included in formulating the policy. Many employers request their
employees help draft their drug policy, as the employee stands to benefit from
the policy as much as the employer.
TRAINING OF EMPLOYEES & SUPERVISORS
Employee Training
There are two parts to employee training.
The first
part is educating your employees regarding the impact and risks of drug use and drug influence on their workplace, co-workers, and family. This provides the employee with the knowledge of why you have a policy and why it will be enforced. They have a personal investment at stake when their co-workers use drugs and are under the influence on the job. That investment is in their own safety, and their own job should an employee under the influence cause permanent significant damage to the business.
The second part is educating your employees regarding the specifics of your policy and how it pertains to them, and you. This is their opportunity to ask questions and understand clearly what your policy and procedures are, and what resources are available to them should they find a co-worker in violation of policy, or wish to seek treatment under their own motivation. For this reason, you may wish to invite employee's families to both parts of this training. Their family will most likely be impacted before their job if they are suffering from substance abuse, and the family may motivate the employee to seek treatment before they are caught at work.
Federal agencies that require employee training mandate one hour for the first part of the training, and do not mandate the second part. It is in everyone's best interests that employee training include training regarding the company's policies and procedures for a Drug Free Workplace.
What little time this extra training requires is offset by the possible time and cost of litigation over issues of understanding and following policies and procedures.
Supervisor Training
Supervisor
training is critical to a Workplace Drug Program. Supervisor training can be
divided into four parts. The first two parts are the same as the employee
training.
The third
part of supervisor training is how to identify employees exhibiting behaviors
that could be related to drug use/drug influence and how to document it. The
supervisors must understand that it is not their job to evaluate employees for
drug influence. It is, however, their job to document performance and behavior
relative to the job, and that certain performance/ behavior may be caused by drug
influence, or by other personal issues known only to the employee.
The fourth
part of supervisory training is to have your supervisors know what to do once
they have identified a problem. They must know how to constructively confront
the employee and what to do with the employee based on the
circumstances.
Additionally, there are two extremely important things a
supervisor must do that must be stressed to them. First, they must know the
company's policies and procedures and operate within them, to the letter. They
must know what they can do, and can't do, according to the policies and
procedures. Second, they must maintain absolute confidentiality.
Federal
agencies that require supervisor training mandate that one hour be devoted to
drugs, and that one additional hour be devoted to alcohol. Given the
importance of your supervisors to your Workplace Drug Program, and the potential
for liability by their actions or inaction's, supervisor training should be
considered the most important part of your Workplace Drug Program.
Supervisors
must understand that their failure to take action, for whatever reason, while
possibly undiscovered in the short run, exposes themselves, their employer,
their employees, and possibly the public, to unacceptable safety hazards, and
does not "help" the employee(s) in question. Additionally, employees
will know which supervisors will enforce the policy and which ones will not. It
won't be a matter of "if" there is an accident, it will a matter of
"when", and how bad. Additionally, liability to the employer and
supervisor is most likely to occur within a Workplace Drug Program by the
actions or inaction's of a supervisor/employer. One of the goals of training is
to get this message across clearly.
Ongoing Training
New
employees and supervisors will need to be trained as they are hired and
promoted. Additionally, the initial employee and supervisor training should be
followed by timely training handouts, etc.
URINE TESTING
Many people
do not know that urine testing, unless mandated for your business by the
government, is not a mandatory part of a Workplace Drug Program. On the down
side, it is the most controversial part of a Workplace Drug Program, can cause
friction between management and employees if approached and sold without
understanding (i.e. training), is the cause of much litigation if an employee
tests positive and punitive action is taken by the employer, is governed by laws
from both the Federal government and each State (which can be quite different
from State to State), and the laws constantly change on both the Federal and
State levels.
On the
positive side, urine testing is the one part of your program that will have the
greatest impact in preventing and confirming employee drug use. This makes it
worth doing your homework on the laws and regulations, many of which you, as an
employer, and your supervisors, will not have to personally deal with.
Additionally, you can institute a urine testing program that meets your needs
and limits your liability exposure.
Some
employers single out certain job assignments for urine testing, while not
requiring it of other job assignments. An example of this is employees and
supervisors that are in safety sensitive and/or security sensitive positions.
Security sensitive includes employees/supervisors having access to, or in charge
of, money and things of value. Safety sensitive employees/supervisors are those
that hold positions where employee or public safety would be at stake, such as
vehicle operators, armed guards, pilots, etc. In fact, courts have consistently
ruled in favor of testing safety sensitive employees over all others.
Reasons for Requiring an Employee Urine Test
(Your company can choose one or more, if not
mandated)
- Pre-Employment -- As a condition of employment
- For Cause/Reasonable Suspicion
-- A supervisor referral based on behavior and
other articulable cause (training!)
-- A supervisor referral based on behavior and
other articulable cause (training!)
- Post-Accident -- After a serious traffic accident (injuries,
tow-away, vehicle(s) immobilized)
- Random -- Unscheduled totally random selection of an
employee or employees
- Scheduled -- Scheduled and employee is notified well ahead
of time
- Rehabilitation/Post
Rehabilitation -- If an employee is retained and allowed to
return to work
Drugs that are tested for
- The NIDA
5: THC (Cannabis), Cocaine, Opiates, Amphetamines, PCP
- Benzodiazapines and Alcohol can be added for testing
Collection Site
A doctor's
office or medical clinic that will collect the actual urine sample. Some
collection providers will come to the work site for the collection, which should
be preferred. Collection site personnel and services should be familiar with
all of the regulations of the Federal and respective State government regarding
the collection of urine, in addition to your company's policies. Your contracted
Collection Site should be inspected and monitored occasionally, by someone who
is familiar with the government urine collection regulations, to ensure they are
in compliance. There is currently an effort to train and certify collection
sites by the Drug and Alcohol Testing Industry
Association.
Medical Review Officer (MRO)
An MRO is a
doctor who reviews positive urine test results and has a meeting with the
employee who tested positive, prior to notifying your company of the positive
urine test. The purpose of an MRO is to provide the employee the opportunity to
explain the reason for the positive urine test. If the employee does not provide
a legitimate legal medical reason for using the drug (i.e. prescription), the
MRO will notify you of the test results. There is currently an effort to train
and certify MRO's by the Drug and Alcohol
Testing Industry Association.
Laboratory
Use only a
Substance Abuse and Mental Health Services Administration approved laboratory.
There are lists of the approved labs at SAMHSA's
site here on the internet. SAMHSA inspects these laboratories on a routine
basis, to ensure compliance with their regulations.
EMPLOYEE ASSISTANCE PROGRAMS
Employee
Assistance Programs (EAP's) are proven money savers for businesses. Employees
can make use of the program on their own, or by referral from a supervisor. The
purpose of an EAP is to provide the employee with direction with whatever
problem(s) they may be having, whether it be drugs or anything else. Many EAP's
have found that 8 out of 10 EAP referrals by supervisors turn out to be
something other than drugs, such as marital or family problems. The cost of an
EAP is offset by the savings in attendance, work performance, etc.
Large
businesses often have a permanent in-house EAP. Smaller businesses may
contract with an "as needed" EAP, or pool their resources with other
small businesses to share an EAP.
The Employee Assistance
Professionals Association can provide you with more information about EAP's,
and referrals to certified EAP's.
GET HELP WHEN YOU NEED IT
As you have
probably become aware by now, a Workplace Drug Program requires someone who
knows each of these elements inside out, the requirements when they exist, and
who stays current with government regulations and requirements.
Large
corporations can afford to hire someone to handle this full time. Others assign
the responsibilities to someone within their Human Resources section that holds
other responsibilities concurrently.
Consider
using a system of checks and balances to ensure that your Workplace Drug Program
is current and within the law, such as an outside source for auditing your
program. If your employee assigned to handle your Workplace Drug Program does
not remain current and stay on top of the job, it can cost you in
liability.
Additionally, have a Human Resources attorney review your policies
and procedures before they are implemented.
Some businesses are mandated
to have a Workplace Drug Program that include some or all of these elements.
These businesses include those who receive Federal Grants, Federal contracts of
$25,000 or more, subcontractors for these businesses, and those that are subject
to Federal Agency regulations, such as those of the Department of
Transportation, Department of Defense, or Nuclear Regulatory Commission.
Additionally, some States require certain businesses to have a Workplace Drug
Program.
Email: [email protected]
Copyright © 1999 AccuScan Testing, Inc. All rights
reserved.
This site is developed by Cynthia Leonard
Revised: June 17, 1999
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