Drug Free Workplace Programs

Written by Linda Ziac of The Caregiver Resource Center.

In my last article I focused on the impact of substance abuse in the workplace, potential warning signs of a problem, and how alcohol and drug abuse by employees leads to significant out-of-pocket expenses for employers every year

Today’s article will discuss the benefits and components used in the development of a drug free workplace program for your company.

As a CT Licensed Alcohol and Drug Counselor and a SAP (Substance abuse Professional) under the Department of Transportation regulations, I have helped companies create and oversee drug free workplace programs since 1990.

Some companies and federal agencies are required to develop drug free workplace programs in compliance with federal regulations, while other companies voluntarily implement programs, because they know these programs make sound business sense.

A History of Drug Free Workplace Legislation in The U.S.

In an effort to promote employee and public safety, the federal government has passed several pieces of legislation.

Executive Order 12564 – Drug Free Federal Workplace

On September 15, 1986 President Reagan signed an executive order that stated, “Drug use is having serious adverse effects upon a significant proportion of the national work force and results in billions of dollars of lost productivity each year.

The Federal government, as an employer, is concerned with the well-being of its employees, the successful accomplishment of agency missions, and the need to maintain employee productivity.”

Executive Order 12564 required the implementation of the following components for federal agencies:

• Drug Free Workplace Program Policy

• Drug Testing Policy and Procedures

• Employee Substance Abuse Education

• Supervisory Training

• Employee Assistance Programs (e.g. education, counseling and referral)

Drug-Free Workplace Act of 1988

The Drug-Free Workplace Act of 1988 required all companies who receive a contract or grant from any federal agency in the amount of $25,000 (later raised to $100,000), to implement and certify that the company will maintain a drug free workplace.

This law doesn’t require compliance for companies who don’t currently have contracts or grants with the federal government, or for those who don’t intend to apply for any contracts or grants

Federal Omnibus Transportation Employee Testing Act of 1991

The Federal Omnibus Transportation Employee Testing Act of 1991 legislation required alcohol and drug testing of employees in a safety-sensitive position; which includes aviation, motor carrier (trucking), railroad, mass transit, pipeline, and other transportation industries.

This testing requirement includes pre-employment (drugs only), post-accident, reasonable suspicion, return to duty and follow-up testing.

Employers covered by this law are also required to provide alcohol and drug prevention programs for all covered employees, and a Substance Abuse Professional (SAP) who evaluates employees who have violated a DOT drug and alcohol program regulation, while making recommendations concerning education, treatment, follow-up testing, and aftercare.

Why Should I Care

According to the U. S. Department of Labor, 74.8% of illegal drug users are employed, having a significant impact in the workplace, with costs estimated at over $100 billion annually.

A Sample Case

Sally is a 26 year old woman with 5 years of experience as a secretary.

She was recently laid off and is looking for a job.

She has a long history of abusing alcohol and cocaine.

There are 4 local companies advertising secretarial openings; 3 of these companies posted that they are drug free workplace companies.

Which company do you think Sally will apply to work for?

Alcohol and drug abuse by employees, leads to significant out-of-pocket expenses for employers every year.

Many companies fail to realize that an employee who abuses alcohol or drugs (prescription and illicit) creates hidden costs and liabilities for the employer as a result of:

• Increased Absenteeism

• Less Productive Employees

• Accidents

• Increased Health Care and Workers’ Compensation Costs

• Morale Issues

• Theft, Fraud and the Sale of Drugs at Work

Why is a Drug Free Workplace a Good Idea

Companies who have implemented a comprehensive drug free workplace program have reported a number of measurable benefits.

1. A company with a comprehensive drug free workplace program including pre-employment drug testing, can identify a substance abuser, prior to that person being hired.

2. In CT, two worker compensation laws pertain specifically to substance abuse in the workplace.

- Conn. Gen. Stat. § 31-225a (2003)

An employer is not charged for benefits, when an employee violated the employer’s drug-testing policy, that was established in accordance with state or federal law.

- Conn. Gen. Stat. Ann. § 31-236 (2003)

Benefits are denied if an employee was disqualified under state or federal law from performing work, as a result of drug or alcohol testing program mandated by and conducted in accordance with such law.

3. Improves Employee Productivity and Morale

4. Cost savings

- Reduction of medical and health insurance premiums if employees are healthier.

Employees who misuse/abuse alcohol and/or prescription drugs, or abuse illicit drugs have a higher usage of their healthcare benefits than their non-abusing coworkers.

- Reduced losses due to absenteeism, theft and fraud

- Some states offer a 5% discount on a company’s Workers Comp premiums.

Unfortunately, CT and NY do not offer these discounts.

5. Reduced accidents

6. Substantiated confirmed test results for your employees undergoing alcohol and drug testing

7. A layer of legal protection for your company, when a consistent and thorough system is used to address employee substance abuse

8. An Investment in your employees by establishing a healthy, safe, and productive workplace

9. Increased employee loyalty

10. Qualifies your company to apply for federal government contracts and grants

11. Helps to provide a framework to address employees and medical marijuana use

12, Allows you to advertise your company as being drug free

Suggested Components of a Drug Free Workplace Program

Before implementing a company drug free workplace program it’s important to hire a seasoned and knowledgeable person on the subject, as well as to verify state and federal regulations, and drug testing laws prior to beginning the process. It will also be important to understand how the ADA (Americans with Disabilities) regulations impact on your drug free workplace program.

As a person who developed and oversaw a number of programs over the years, I like to suggest that a company include a section in their policy that pertains to a “30 day grace period”. This grace period allows an employee 30 days from the implementation of the drug free workplace program, to voluntarily seek and complete treatment for a substance abuse issue, before their use becomes a personnel issue. Continued employment is contingent on the employee successfully completing treatment, aftercare, and complying with all terms of their employment moving forward.

Based on the success of federally regulated drug free workplace programs, it is suggested that a company include the following components when creating a program.

1. Written Drug Free Workplace Policy

2. Drug Testing Policy including the types of drugs to be tested for (e.g. alcohol, cocaine), and types of drug tests (e.g. pre-employment, post-accident),

3. Drug Lab and procedures for testing (e.g. chain of custody, NIDA certified lab)

4. Employee education (re: the company policy, drugs, alcohol, treatment etc.)

5. Supervisory training (re: the company policy, drugs, alcohol, treatment, and warning signs that a person may be under the influence of alcohol or drugs while on duty)

6. Availability of a (LPC) Licensed Alcohol and Drug Counselor, (SAP) Substance Abuse Professional, or EAP (Employee Assistance Professional) with substance abuse credentials who will provide employee assessment, referrals, and follow up for an employee returning to work after treatment

Resources

Employee Assistance Professionals, Inc.

Greenwich, CT

203-861-9833

Experienced in all aspects of drug free workplace program development

Federal Resources

These federal organizations provide employers and employees with current information about laws and regulations regarding compliance, as well as offering resources on combating drugs in the workplace.

SAMHSA (Substance Abuse and Mental Health Services Administration)

1-877-SAMHSA-7

Center for Substance Abuse Prevention (CSAP)

240-276-2420

Center for Substance Abuse Treatment (CSAT)

800-662-4357

(Espanol) 800/662-9832

Department of Health and Human Services (HHS)

202-619-0257 or 877/696-6775

Department of Labor (DOL)

202-693-5000 or Toll Free: 866-487-2365

The Caregiver Resource Center

The Caregiver Resource Center assists seniors, people with special needs and their families in planning for and implementing ways to allow for the greatest degree of independence, safety and quality of life.

We are available 7 days a week by appointment, and 24/7 for emergencies. All of our services are individually designed to meet the unique needs of the client and their family.

For more information, or to request an initial consultation, please contact:

Linda Ziac, LPC, LADC, BCPC, CEAP, CCM, CDP

The Caregiver Resource Center

Greenwich, CT

203-861-9833

www.CaregiverResourceCenter.com

Disclaimer

The information in this article is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education, does not create any patient provider relationship, and should not be used as a substitute for professional diagnosis and treatment.

Please consult your health care provider for an appointment, before making any healthcare decisions or for guidance about a specific medical condition.

Photo credit: The Printshop.