Drug-Free Workplace

DEALING WITH SUBSTANCE ABUSE

If you're in business, you must face some facts:

• 70% of all illegal drug users are employed either full or part time, suggesting that more than 10 million people are currently using illicit drugs. 
• One in 12 full-time employees reports current use of illicit drugs. 
• One in 10 people in the United States has an alcohol problem.

What do those numbers mean to you? They mean that every day across this country, in towns large and small, from small businesses to large corporations, the problems of substance abuse are hurting the workplace. That's a major business problem for you because substance abuse affects the bottom line. It costs you money. How? Here's how substance-abusing workers compare to drug-free workers.

• MORE: Work days missed
• Likely to injure self or others
• Workers' Compensation claims filed
• LESS: Productivity

That means real dollar costs in these areas:

• Absenteeism 
• Overtime pay 
• Tardiness 
• Sick leave 
• Insurance claims 
• Workers Compensation

Hidden costs also drive up your bill for substance abuse:

• Diverted supervisory and managerial time 
• Friction among workers 
• Damage to equipment 
• Poor decisions 
• Damage to the company's public image 
• Personnel turnover

How can you protect your company and workers from those who, through the abuse of illegal drugs or prescription drugs or alcohol, endanger your workplace and your profits?

FIVE STEPS TO A WORKPLACE SUBSTANCE ABUSE PROGRAM

You must implement:

1. A written substance abuse policy 
2. A supervisory training program 
3. An employee education and awareness program 
4. Access to an employee assistance program (EAP) 
5. A drug testing program, where appropriate

STEP ONE: WRITE A CLEAR AND COMPREHENSIVE POLICY

To take this all-important first step, you must outline where you stand, what you expect from employees, and what you will do if your policy is violated. But more than setting down the ground rules, you must let everyone know that you are committed to a drug- and alcohol-free workplace. That in itself is an excellent starting point.

What exactly should your policy say? That depends on your individual situation. Businesses are not all the same, nor are the employees who work for them. Your policy statement should reflect the needs and values of your workplace. To develop an individualized policy, consider everyone who will be affected.

Involve employees at all levels. Working together will build support for the policy you will develop. Use the following guidelines to focus discussions:

What your policy should do:

• Let employees and applicants know that drug and alcohol use on the job, or that affects job performance, is not permitted. 
• Explain why you are establishing the policy (workplace safety, worker health, product quality, productivity, public liability, etc.). 
• Tell employees what will happen if they violate the policy.

Additional points you may want to consider:

• Outline your policy on the use of alcohol at company-sponsored activities. 
• State your position on drug testing and, if you test, the consequences of a positive test result. 
• Describe the responsibility of an employee with a drug or alcohol problem to seek and complete treatment. 
• Identify company or community resources where employees with problems can get help. 
• State your concern for family members whose substance abuse could adversely affect the well-being of the employee, the family, and the organization. 
• Make clear that participation in an Employee Assistance Program is confidential and will not jeopardize employment or advancement, but that participation will not protect employees from disciplinary action for continued unacceptable job performance or rule violations. 
• Make sure your policy conforms to state and local requirements.

Once your policy is written, be sure to explain the policy thoroughly to your employees. It may be wise to have each employee acknowledge in writing that he or she has received the policy. Be fair and consistent in applying the policy to all employees.

STEP TWO: TRAIN YOUR SUPERVISORS

Supervisors are the key to the success of your substance abuse policy. Being in direct contact with workers, supervisors can detect performance problems that may indicate substance abuse. But their responsibilities should be limited, and that should be clearly explained to them. Supervisors are responsible for:

• Observing and documenting unsatisfactory work performance or behavior. 
• Talking to employees about work problems and what needs to be done about them. To do their jobs properly, supervisors must:
  (a) understand the substance abuse policy,
  (b) be able to explain the policy to employees, and
  (c) know when to take action.

Supervisors are NOT responsible for:

• Diagnosing substance abuse problems. 
• Treating substance abuse problems.

Supervisors should know how to look for signs of substance abuse and what to do if they find them. The kinds of information needed by supervisors will vary from one workplace to another. For example, depending on what is available through your company and community, supervisors may be called upon to refer employees to employee assistance programs or to local resources. Keeping your own company's needs in mind, consider some of the following possible topics to include in your supervisory training program:

• Information on specific drugs 
• Methods of detecting drug and alcohol use 
• Insurance coverage for substance abuse treatment 
• Prevention and education strategies 
• Background on drug-testing issues and how the drug-testing program relates to the EAP (employee assistance program)

STEP THREE: EDUCATE YOUR EMPLOYEES

You've established your policy. You've trained your supervisors. Now you must be sure your employees understand and remain aware of your ongoing commitment to a drug-free workplace. That means this part of your program is not a one-time thing. Whenever you hire new workers, explain your program to them. Reinforce your commitment to making your substance abuse program work with current employees. How you go about this will depend on the needs of your workers and your workplace.

An employee education and awareness program:

• Explains your workplace substance abuse policy to your employees and explains the consequences of using drugs and alcohol on or off the job. 
• Tells your employees how to get help with their drug and alcohol problems, including a description of available services by a representative of the employee assistance program if the company has one, or by a community resource. 
• Informs employees about how drugs and alcohol actually affect the company's productivity, product quality, absenteeism, health care costs, and accident rates. 
• Explains testing procedures-if drug testing is part of the program- with special attention to the consequences of testing positive, and procedures for ensuring accuracy and confidentiality.

Consider the circumstances of your workplace and the needs of your employees. Education and awareness programs can vary widely. In addition to covering the topics just listed, you may want to personalize the program for your employees by offering information on some of the following topics.

Topics for education programs:

• Videos or printed material on the health effects of alcohol and drugs, both illegal and prescription. 
• Local guest speakers to provide information on how drugs are affecting the community. 
• A presentation about illegal drugs: what they look like, how they are used, their effects, the symptoms of overdose and withdrawal. 
• Brown-bag lunch meetings in which parents can learn how their own use of alcohol and drugs can influence their children's behavior, how to help other children avoid involvement in substance abuse, and how to recognize signs of substance abuse. 
• An address by company managers to employees on the specifics of the company policy and why it is needed.

Use the resource list for contacting organizations that can help you design your program. Check resources for information on films, videotapes, and publications you can use in your program. Check your local community resources for possible presentations that are specifically geared to the needs of your locality.

STEP FOUR: PROVIDE EMPLOYEE ASSISTANCE

Employees are valuable resources. They are also human beings. That means they have problems that can affect their performance on the job. The problems can come from many sources: substance abuse, family difficulties, financial troubles, emotional upsets. To help employees deal with their problems, many companies set up an employee assistance program (EAP).

Why set up an EAP? Consider the following:

• Employees are a vital part of your business. 
• It is better to offer assistance to employees with personal problems than to discipline or fire them. 
• Recovering employees become productive and effective members of your workforce.

Indeed, many companies have found EAPs to be cost-effective because they reduce accidents, reduce absenteeism, and raise productivity. EAPS can help employees identify problems and help resolve problems through confidential, short-term counseling; referrals; and follow-up services.

EAPs might also offer programs in supervisory training, education and prevention programs, and health promotion. First, determine the kind of program you need. You might want to talk with companies in your region or industry that already have an EAP. Remember that EAPs take time to set up and become effective. An EAP does not offer a quick fix, but companies that have spent the time and effort feel that the results have been worth it.

Almost any employer, large and small, can offer EAP services. There are many ways to set up an EAP:

• Your company or union may establish a program at or near the worksite. 
• You may buy EAP services from an outside EAP provider. 
• You may join together in a consortium to offer EAP services. 
• You may work with a trade or local business association to start an EAP.

DRUG TESTING

The American Management Association says 85% of major companies in 1997 test workers and job applicants for drugs, versus 22% in 1987. Much of the rise is due to new federal regulations for transportation and defense workers, new drug policies, and attempts to reduce liability insurance costs.

The number of people testing positive is dropping, now numbering 2.5% of workers and 4.3% of applicants. This drop is probably due to increased awareness and a wider testing pool. According to the AMA, the results do not reflected lessened drug use.

STARTING A DRUG TESTING PROGRAM

Starting a good drug testing program is not a simple process, but it can be done. Every year, more companies, including small companies, decide to start some kind of program. Some companies must set up a drug-testing program because of the kind of work they do (see section on Federal Regulations). Others choose to test because it is the right business decision for them.

A drug-testing program is the LAST step of a comprehensive program. You should have in place a program that includes all the previous steps described in this pamphlet: a written policy statement, a supervisory training program, an employee education and awareness program, and an employee assistance program. You will need to make sure that your program meets several requirements, including:

• Statutory or regulatory requirements 
• Disability discrimination provisions 
• Collective bargaining agreements 
• Any other requirements in effectz

You need to make a number of decisions about how to set up and operate your program. The following list of questions will help you get started:

• Who will you test? (Only applicants? All employees? Only employees in safety-sensitive positions?) 
• When will you test? (After all accidents? Only after some accidents? When performance becomes unacceptable? When an employee behaves abnormally? On a random basis? As part of a physical examination?) 
• For which drugs will you test? (Only for marijuana and cocaine because they are the most commonly used illegal drugs? For all illegal drugs? For alcohol? For prescription drugs that may affect work performance?) 
• How frequently will you test? (Weekly? Monthly? Once a year?) (What will you do if an applicant tests positive? (Refuse to hire? Tell the applicant why you are not hiring him or her? Allow the applicant to be retested? Allow the applicant to reapply after six months?) 
• What will you do if an employee tests positive? (Fire all employees who test positive? Refer them to counseling and treatment after the first positive, but fire after the second? Allow them more than one chance to become drug-free before firing?) 
• What tests will you use and what procedures will you follow? (Who will collect the specimens? Will you use a confirmation test? Which laboratory will you use? Will you use a medical review officer? How will you protect the employees' privacy and confidentiality?)

Be sure your drug testing program is fair, accurate, and legally defensible. Remember, it should be undertaken only as part of a comprehensive drug-free workplace program.

FEDERAL REGULATIONS

If your company performs certain types of work or if it has certain types of contracts with the federal government, you may have to comply with federal regulations.

UNDERSTANDING THE DRUG-FREE WORKPLACE ACT OF 1988

The Drug-Free Workplace Act is a federal statute requiring certain federal contractors and grantees to maintain a drug-free workplace.

WHO IS AFFECTED?

You are not covered by the Act unless:

• You have a single contract with the federal government of $25,000 or more. 
• You receive a grant from the federal government. 
• Subcontractors and subgrantees are not covered by the Act.

WHAT IS REQUIRED?

If you are covered by the Act, you are required to:

• Certify that you will provide a drug-free workplace. This certification is a final requirement for receiving the contract or grant. 
• Publish a statement notifying your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and state what actions will be taken against your employees for violations. 
• Establish an ongoing, drug-free awareness program to inform your employees of the dangers of drug abuse, your drug-free workplace policy, the availability of any drug counseling programs, and the possible penalties for drug abuse violations occurring in the workplace. 
• Require each employee directly involved in the work of the contract or grant to notify you of any criminal drug statute conviction for a violation occurring in the workplace. 
• Notify the federal government of such a violation. 
• Require the imposition of sanctions or remedial measures for an employee convicted of a drug abuse violation in the workplace. 
• Continue in good faith to comply with the above requirements.

WHAT IS NOT REQUIRED?

The Drug-Free Workplace Act of 1988 does not require you to establish an employee assistance program or implement a drug-testing program.

In addition to the Drug-Free Workplace Act, some federal agencies have other specific requirements regarding substance abuse and policies. The best source of information about any of these regulations is the contract or grant office at the federal department or agency from which you received your contract or grant. The federal department or agency will also answer questions from prospective contractors or grantees.