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KERN BUSINESS JOURNAL
Februar y / March 2016
Drug-free workplace: Is it for your company? By Linda Eviston
D
o you have a drug-free workplace policy? The federal Drug-Free Workplace Act was passed in 1988, and the state of California passed its version in 1990. The DFWA is required for federal contractors, grantees and a variety of safety- or securitysensitive industries. Just because your organization is not in one of those industries, however, doesn’t mean it isn’t a good idea. As an employer, there are some real advantages to implementing a drug-free workplace. Kern County has a serious methamphetamine problem, and couple meth use with the use of other illegal drugs, prescription medication, over-the-counter medication or alcohol, and you have created a cauldron of potential jobsite problems. Alcohol or drug use does not even have to occur while the employee is at the job site; a hung-over employee can also present job hazards. Surprisingly, the majority of alcoholrelated work performance problems are associated with nondependent drinkers who may occasionally drink too much. Increased absenteeism, reduced productivity and lower job performance all can result from drug use. Accidents and safety hazards are more likely to occur when an employee is under the influence. Just some of the repercussions of drug and alcohol use on the job are below.
Increased Absenteeism – Absenteeism is 66 percent higher for drug users on the job.
Problem Employees – Disciplinary actions are 90 percent higher.
Health Costs – Health benefit utilization is almost double that of nondrug users.
Work-Related Injuries – Workers with alcohol problems were 2.7 times more likely than workers without drinking problems to have injury-related absences. How can you prevent drug and alcohol use on the job? Employers with successful drug-free workplace programs report improvements in morale and productivity and decreases in absenteeism, accidents downtime, turnover and theft. Before implementing a drug-free workplace, however, it is critical to be aware of the laws surrounding not only the workplace, but also the rights of employees. Such laws as the Americans with Disabilities Act of 1990, the Civil Rights Act of 1964, the Family and Medical Leave Act
of 1993 and the National Labor Relations Act of 1935 all work to protect the rights of employees. Laws on drug-free workplace programs are complex, but employers can follow basic steps to set a foundation for compliance. Because drug or alcohol use may mimic some disabilities, it is important to become well-versed on both the laws and practical ways to execute those laws. The Substance Abuse and Mental Health Services Administration recommends 10 steps for avoiding legal problems if you want to conduct drug testing. The following best practices are helpful for all organizations that strive for a drug-free workplace: 1. Consult an employment attorney: The American Bar Association or your state bar association can refer you to a qualified employment attorney. Consult with your attorney whenever you alter your drug-free workplace policy or if you’re launching a new one. The alternative to an attorney may be a certified personnel firm. (The author has used P.A.S. successfully on a variety of issues.) 2. Set clear penalties: Clearly stipulate the penalties for policy violations. If your policy includes a drug-testing program, state who will be tested, when they will be tested and what will happen to employees with a violation. 3. Put it in writing: Every employee should receive and sign a written copy of your drug-free workplace policy. Verbal agreements and unsigned agreements have little legal standing. 4. Provide training: Ensure that all supervisors are trained on how to detect and respond to workplace drug and alcohol misuse. Maintain attendance logs of all trainings. 5. Document employee performance: Maintain detailed and objective records on the performance of all employees. A documented performance issue often provides a basis for referring workers to employee assistance programs.
tions in private. Have another manager present to serve as a witness. Never accuse or confront an employee in front of his or her coworkers.
6. Don’t rush to judgment: Do not take disciplinary action against a worker or accuse a worker of a policy violation simply because the employee’s behavior seems impaired. Instead, try to clarify the reasons for the employee’s impairment. If drug testing is a part of your workplace policy, obtain a verified test result before taking any action.
8. Be consistent: No individual employee or group of employees should receive special treatment. Inconsistencies in enforcement could be considered discrimination.
7. Protect privacy: Hold discussions with employees about potential viola-
10. Involve employees: Workers at all levels of your organization should be
9. Know your employees: Getting to know your employees can make it easier to identify problems early on.
involved with developing and implementing your drug-free workplace policy. This will reduce misunderstandings about the reasons for having a drug-free workplace program and help ensure that your policies and procedures are fair to everyone. Improving the work environment benefits everyone – employer and employees alike.
– Linda Eviston is the executive director for STEPS, a nonprofit DUI education and prevention program. She can be contacted through the website at steps-inc.com or through the STEPS Facebook page.