A drug-testing policy is often called a drug-free-workplace policy and is a part of an overall drug-free program. The policy is the employer document that explains the who, what, where, when, and how regarding the employers’ decisions regarding drug testing. This policy should be a written document and should be distributed to all employees.
What Is the Main Purpose of the Drug-Testing Policy?
Drug testing is really all about safety, but it has to be done right. The policy helps the employer comply with federal and state laws, implement best practices, and avoid liability. Most drug-testing policies will identify policy violations such as the following:
- It is against company policy for any employee to use, possess, sell, trade, offer for sale, or attempt to purchase illegal drugs or to engage in the illegal use of drugs, whether on or off duty.
- It is against company policy for any employee to arrive at work under the influence of, or while having in their body, blood, or urine, illegal drugs in any detectable quantity.
- It is against company policy for any employee to report to work while under the influence of or impaired by alcohol.
- It is against company policy for any employee to misuse prescription drugs, meaning to use prescription medications that have not been legally acquired or in a manner or for a purpose other than as directed by a physician. However, this policy does not prevent the appropriate use of legally prescribed medications.
- Breaches of this policy may result in disciplinary measures, which can include termination.
What Are the Benefits of an Employer Having a Drug-Testing Policy?
The primary benefit is related to safety and a productive workforce. Here are some typical talking points that we often hear about employers implementing drug-free workplace programs:
- The policy helps the employer stay compliant with federal or state laws regulating drug testing by employers, particularly those regulated by the Department of Transportation (DOT).
- All employees will gain a heightened awareness of the significance of workplace safety, leading to a more secure work environment. This reduces the risk of accidents.
- A workplace program that is free from illicit drugs fosters a healthier workforce, resulting in decreased absenteeism and increased employee productivity. Employers are likely to become more focused, efficient, and reliable. Employees who are drug-free tend to deliver higher quality work and adhere to deadlines more effectively.
- In instances in which an employee sustains a work-related injury and subsequently declines to undergo a requested drug test, that employee may lose their eligibility for workers’ compensation benefits, regardless of the accident’s cause.
- An employee who is terminated or denied employment due to a positive drug or alcohol test may not be eligible for unemployment compensation benefits. In such circumstances, the employer contributing to the unemployment claim may be exempt from associated charges.
- Should drugs be detected in the employee’s system at or above established threshold levels, the injured employee may forfeit their right to workers’ compensation benefits.
What Decisions Employers Must Make Regarding Drug-Testing Policies
Some important considerations for your drug-testing policy:
- Do we terminate employment for a positive drug or alcohol test?
- Do we offer some type of second chance or last chance?
- What do we do when we receive a negative dilute drug-testing result?
- Do we test for marijuana? Do we offer any type of accommodation for use of medical marijuana?
- Do we change our testing methodology for marijuana based on certain state laws that prohibit testing when the drug test detects only the “nonpsychoactive” components of marijuana?
- Do we offer an employee-assistance program to be identified in the drug-free workplace?
How Do I Get My Drug-Testing Policy?
There is not one size that fits all for a drug-testing policy. Each employer may have different issues to address. Different states have different laws regarding drug testing, so where the company is located is an important consideration.
There are several sources employers might reach out to for a comprehensive drug-testing policy. There are some attorneys who specialize in human resource and employment law.
Some companies may choose to write their own drug-testing policy. National Drug Screening does offer a comprehensive guide on How To Create a Drug & Alcohol Testing Policy that can be downloaded.
Our best recommendation for getting a drug-testing policy written or updated is to utilize the services of National Drug Screening. Joe Reilly, with more than 30 years in the drug-testing industry, has been writing drug-free-workplace policies for more than 20 years. Each drug-testing policy is customized to the specific employer using an interactive process and consultation to help the employer with important drug-testing policy decisions. Some of the policies Joe has written are as follows:
- Non-DOT or nonregulated drug-testing polices written in compliance with state laws
- State addendums written for any additional states in which the company operates and for specific state laws on drug-testing.
- Federal Aviation Administration (FAA) required drug-and-alcohol-testing policy
- Federal Motor Carrier Safety Administration (FMCSA) required drug-and-alcohol-testing policy
- Federal Railroad Administration (FRA) required drug-and-alcohol-testing policy
- Including railroad, maintenance of way (MRO), and mechanical (MECH)
- Federal Transit Administration (FTA) required drug-and-alcohol-testing policy
- Pipeline and Hazardous Materials Safety Administration (PHMSA) required drug-and-alcohol-testing policy
- United States Coast Guard (USCG) required drug-and-alcohol-testing policy
Drug-Free Workplace Summary
As recommended by the United States Substance Abuse and Mental Health Services Administration (SAMHSA) and the United States Department of Labor (DOL), a comprehensive drug-free workplace has the following components:
- Drug-free workplace policy
- Employee assistance programs (EAPs)
- Employee education
- Supervisor training
- Drug and alcohol testing
Look to National Drug Screening for employer assistance for any aspects of the comprehensive drug-free-workplace program. Service are offered nationwide.
