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August 31, 2001

Guidelines for Establishing a Substance Abuse Program: Policies and Testing

By Peter H. Wald , MD, MPH
Board-Certified, Occupational Medicine, Medical Toxicology, Internal Medicine
Principal, WorkCare

Considering that 70 percent of all illegal drug users are employed either full- or part- time (source: Working Partners), more and more businesses in recent years have established workplace drug & alcohol policies and testing programs. These programs are designed to promote drug- and alcohol-free workplaces.

The impact of drug and alcohol abuse in the workplace is significant and may directly drive up company costs related to health care costs, absenteeism, sick leave, overtime pay, insurance claims and workers' compensation. In addition, there are indirect costs of drug & alcohol use in the workforce that can impact a company's productivity and profitability. These costs are:

  • Personnel turnover
  • Use of managerial time diverted to administering, reporting incidents
  • Damage to equipment
  • Decreased productivity

Although these reasons may be compelling to establish a drug & alcohol policies and testing programs, careful precautions should be taken to ensure your program is legal and does not conflict with regulations by your state's department of labor or violate an employee's privacy rights. In some states, substance abuse testing and particularly, random drug testing is not allowed.

Because state laws vary and no one drug & alcohol testing program fits every employers' needs, the person responsible for establishing a plan should ensure that the policy complies with all applicable state and federal requirements. According to legal experts, it's also advisable to provide advanced notice of the drug & alcohol testing policy to employees, whether or not it is required by the state.

Following are guidelines to be considered when establishing a drug & alcohol testing policy. Further details on these guidelines can be found on the links below.

 

Federal and state drug/alcohol testing laws contain requirements that are aimed at guarding against inaccurate test results and protecting an employee's privacy, so make sure your policy is in compliance with these provisions.

http://www.toolkit.cch.com/text/p05_1075.asp
http://www.usdoj.gov/dea/demand/dfmanual/09df.htm

Develop a program that incorporates the five principles of a comprehensive workplace substance abuse program. The components include:

  • A written policy statement -This document should be tailored to the needs of your organization and should include provisions to: inform employees about the effect of drug & alcohol in the workplace and notify them that drug/alcohol use is not permitted
  • Explain why the policy is established
  • Explain the disciplinary consequences for drug/alcohol use at the workplace
  • Depending on the company's circumstances, the policy may also want to cover: (1) use of alcohol at company events, (2) drug testing policies, (3) consequences of positive test result, (4) Employee responsibility in reporting drug/alcohol problems and company's action or options for employee (such as EAP)
    http://www.notes.dol.gov/said.nsf/Summary/By+Topic?OpenView&Start=7&Expand=7
  • Supervisory Training : This component should outline supervisors' responsibility in handling, disciplining and managing employees suspected of alcohol or drug use. Training should encompass an overview of specific drugs, methods of detection and prevention and education strategies.
    http://www.health.org/govpubs/workit/
    http://www.dol.gov/asp/programs/drugs/workingpartners/taking.htm
  • Employee Education and Awareness : A program to explain your substance abuse policy, educating your workforce on all aspects of the policy-from description of EAP services (if applicable) to information on testing procedures, impact of drug & alcohol abuse.
  • Employee Assistance : Consider establishing an EAP program as part of your overall policy to help employees deal with their problems.
  • Drug & Alcohol Testing Program : Establishing a testing program can be complex, so this is usually considered the last step of a comprehensive policy. If you decide to establish a testing program, make sure it meets: statutory or regulatory requirements, disability discrimination, collective bargaining agreements and other requirements. Programs mandated by the Federal Department of Transportation (DOT) must follow the DOT guidelines and procedures, and non-mandated programs often use DOT standards as a reference.
    http://www.dot.gov/ost/dapc/