Does Your Company Have a Workplace Drug and Alcohol Policy?
Employee Drug & alcohol policy
Implementing an Employee Drug & Alcohol Policy is essential for creating a safe and healthy work environment, protecting employees from the negative effects of substance abuse, and ensuring productivity and quality in the workplace. A clear and comprehensive policy can provide guidelines for employees to understand what is expected of them and the consequences of violating the policy. It also promotes the image of the company as a responsible and drug-free workplace, which can enhance its reputation and credibility.
The benefits of implementing an Employee Drug & Alcohol Policy are numerous. It can reduce workplace accidents and injuries, decrease absenteeism, and improve productivity and quality. A drug-free workplace can also reduce the risk of theft, violence, and other security issues and decrease liability and legal expenses for the company. Furthermore, it can improve employee morale and job satisfaction by creating a healthy and safe work environment and promoting fair and consistent treatment for all employees.
This may be the most crucial document to introduce into your Company. This may say that ‘no drugs or alcohol will be tolerated in the workplace, and random testing for alcohol, controlled substances, and abuse of prescription drugs is mandatory’. This may be essential to consider with current and new employees.
Guidelines for the implementation of a drug-free workplace policy include several key elements. The policy should clearly state the company’s stance on drug and alcohol use, including the prohibited substances and the consequences for violating the policy. It should also provide information on resources available to employees who may need assistance with substance abuse issues, such as employee assistance programs or referrals to outside treatment facilities. Additionally, the policy should outline the testing procedures that will be used to enforce the policy and ensure compliance with applicable laws and regulations.
Below is the basis for what your policy could include.
Sample of a Drug and Alcohol Policy
‘Example Company’ is a drug and alcohol-free workplace. The use of or being under the influence of illegal drugs or alcohol is inconsistent with the behavior expected of employees. The use of illegal drugs and alcohol and misuse of prescribed and over-the-counter drugs subjects employees and visitors to an unacceptable safety risk that may undermine the Company’s ability to operate safely, effectively, and efficiently.
The use, possession, distribution, or sale of controlled substances such as drugs or alcohol, being under the influence of these controlled substances, or testing positive for alcohol or any drug including, but not limited to, inactive components or metabolites associated with the use of such drugs is strictly prohibited while on duty, while on the company premises or work sites or while operating the Company’s equipment or vehicles.
Our ‘Example Company’ participates in random and post-accident drug and alcohol testing. If injured on the job, you may be expected to participate in a drug and alcohol test immediately following the injury.
___________________________________________ CEO’s Signature
THIS IS PROVIDED AS A SAMPLE ONLY AND SHOULD BE REVIEWED BY YOUR ATTORNEY.
The Employee Consent Form
I hereby acknowledge receipt of ‘Example Company’, Drug-Free Workplace Policy regarding drugs and alcohol. I have read and understood this notice. I understand that the refusal to submit to any drug testing required by this policy or a positive test result is grounds for disciplinary action up to and including termination. Furthermore, I authorize the release of the test results to my employer and, on post-accident tests, the Company’s worker’s compensation insurance carrier and understand that refusal to release these results is grounds for disciplinary action up to and including termination. I understand that if I test positive for alcohol or drugs including, but not limited to, inactive components or metabolites associated with using such drugs following an on-the-job accident, many states are ineligible for worker’s compensation benefits may have benefits reduced by 50 percent.
I recognize that the Company’s drug and alcohol policy does not constitute an expressed or implied contract of employment.
Employees must sign the attached consent form and comply with the policy as a condition of continued employment.
I have read and understood this policy and will abide by it as a condition of my employment.
EMPLOYEE NAME: ________________________________________________________
SOCIAL SECURITY NUMBER: _________________________________________________
EMPLOYEE SIGNATURE: __________________________ DATE: _____________________
WITNESS SIGNATURE: ___________________________ DATE: _____________________
Overview of the Sample Drug and Alcohol Policy
All employees should have a vital interest in maintaining a safe, healthy, and efficient work environment. Employees under the influence of drugs or alcohol on the job pose serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol also pose unacceptable risks for safe, healthy, and efficient operations
While a written policy is not required for most states to protect the Company, it is strongly recommended you have a written policy as it is easily the best way to prove that a policy exists. A well-written policy can help protect you from litigation and may serve as a defense in the event of litigation. If you have a written policy that is ill-conceived or poorly enforced or does not have a written policy at all, you may be more susceptible to claims of personal injury to intoxicated employees, their coworkers, and the public, claims of negligent hiring or retention, wrongful termination, disability discrimination, and claims from injured third parties. A well-written policy may serve as a defense to these claims.
We highly recommend that you review your program with competent labor and employment law counsel prior to implementing any substance abuse policy or drug-testing program in the workplace.
This sample policy is meant only as a starting point. The documentation and the sample we have provided are for informational purposes only. The sample policy is not meant to be used without consultation with your legal counsel. These policies need to be tailored by your attorney to fit your situation. We assume no liability for the use or sufficiency of the information provided. In addition, please note the testing facility that you designate may require individuals to sign additional consent forms authorizing testing and release of the results.
Drug-Free Workplace Basic Guidelines for a Drug and Alcohol Policy
Whether your organization tests employees for drug and alcohol use or not, you should have a written workplace substance abuse policy in place. While a written policy is not required for Worker’s Compensation Law, we strongly urge you to have a written policy as it is easily the best way to prove that a policy exists.
A well-written policy can help protect you from litigation and may serve as a defense in the event of litigation. If you have a written policy that is ill-conceived or poorly enforced or does not have a written policy at all, you may be more susceptible to claims of negligent hiring or retention, wrongful termination, disability discrimination, and claims from injured third parties. A well-written policy may serve as a defense to these claims.
We highly recommend that you review your program with competent labor and employment law counsel prior to implementing any substance abuse policy or drug-testing program in the workplace.
In addition to the recommendation to review with your labor and employment law counsel, consult the numerous available resources to further help you in launching your drug-free workplace program and policy. Both material and human resources are available to guide your efforts. Many of these services are free. Good use of these resources will help implement a drug-free workplace program at minimum costs.
In summary, implementing an Employee Drug & Alcohol Policy is crucial in creating a safe and healthy work environment, protecting employees from the negative effects of substance abuse, and ensuring productivity and quality in the workplace. By providing clear guidelines and consequences for violating the policy, companies can promote a culture of responsibility and accountability and enhance their reputation as a responsible and drug-free workplace.
Resources for a Drug-Free Workplace
There are many resources available to help companies develop drug-free workplace programs, including the Drug-Free Workplace Policy provided by the United States Drug Enforcement Administration on the DEA website. In addition, the National Institute on Drug Abuse can provide information on creating and implementing a prevention and treatment program for your employees by calling their Center for Substance Abuse Prevention Workplace Helpline at 1-800-843-4971. The initial cost of establishing a drug-free workplace is low if readily available resources are used. Again, you should always engage appropriate legal counsel to review all personnel policies before implementation.
Department of Labor Drug-Free Workplace Advisor