Yesterday we looked at the scope and dangers of alcohol abuse in the workplace, and at screening services available as part of Alcohol Awareness Month (April). Today we look at the legal considerations in implementing a drugs and alcohol policy—and at a resource that provides you with a ready-made, lawyer-reviewed policy and supporting documents.
In drafting or revising your drugs and alcohol policy, you need to be aware of all relevant federal, state, and local laws and other legal considerations. According to BLR’s Essential Safety Policies, these include:
- OSHA. OSHA requires employers to maintain a workplace free of known hazards. If you know or have reason to believe that an employee is abusing alcohol or drugs and poses a danger to others, you have an obligation to your other employees either to discharge the employee, place the employee in a rehabilitation program, or otherwise eliminate the hazard.
- Employee Retirement Income Security Act (ERISA) and state insurance laws. Benefits laws such as ERISA and state insurance laws may restrict your ability to fire an employee who is diagnosed as a substance abuser. Under ERISA, if you discharge an employee whose treatment under your group medical plan would be quite expensive, you may be charged with a violation of the Act. State laws may require you to include drug and/or alcohol rehabilitation programs within your group medical plan. Finally, if the addiction is due to a work-related matter, such as harassment or job stress, the addict may have a claim for rehabilitation under workers’ compensation.
Is your drugs and alcohol policy up to date? Do you even have one? If not, don’t fret. We do, and it’s already written and ready to use, along with every other safety policy you’re likely to need, in BLR’s new Essential Safety Policies. Examine it at no cost and with no obligation to purchase. Find out more.
- Disability. Federal law and your state’s law may view the substance abuser as an individual with a disability. Accordingly, you may have an obligation to accommodate that person’s illness. Generally, a substance abuser who is capable of performing his or her job without endangering himself or herself, others, or your property is viewed as a person with a disability to whom you have a duty to accommodate reasonably. However, under some laws, a current abuser of drugs (as contrasted with a current abuser of alcohol) may not be protected as a person with a disability.
- Liability for testing. If the employee is injured during a medical exam, or if the medical exam failed to detect the presence of a disease, you may be liable for the negligence of the examiner. Accordingly, you should select with care the entity that will be providing you with medical services.
- Drug-Free Workplace Act. If you are a federal contractor or receive federal funds, you may be required to establish a policy to comply with the Drug-Free Workplace Act.
As you can see, coming up with a workable—and legal—drugs and alcohol policy is not as simple as it might seem. And that underscores the value of the sample policy available in Essential Safety Policies. It has been reviewed by BLR’s team of attorneys and legal editors, and it is ready to use as-is or to be adapted to your organization’s needs. Along with the policy, you also get relevant notices and forms including a sample:
- Employee Acknowledgment Form
- Notice for Applicant or Employee Who Fails to Consent to Provide Medical Records
- Notice of Positive Test for Intoxicants
- Notice for Employees Placed on Work Restrictions
The drugs and alcohol policy is just one of dozens of safety-related policies included in Essential Safety Policies. Taken together, they provide the makings of a ready-to-modify or use-as-is safety handbook for all your workers. The legally compiled and reviewed policies are grouped into three major areas:
- Safety, including policies on PPE use, drugs and alcohol (as detailed above), hazard communication, work rules, weather, fire and other emergencies, fitness for duty, and disciplinary procedures
- Health, including communicable diseases, required physicals, ergonomics, and workers’ compensation
- Security, including policies on visitors, portable electronic devices, contraband, workplace and domestic violence, among others
Get the safety policies you need without the work. They’re in BLR’s Essential Safety Policies program. Try it at no cost and no risk. Find out how.
The policies are backed by a tutorial on policy writing and essential materials such as handbook receipts. The book has nearly 280 pages of material in all. A CD version is also available.
If your organization could benefit from supplementing (or perhaps having for the first time) a complete set of safety policies, we highly recommend a 30-day, no-cost, no-obligation look at this program. Let us know and we’ll be pleased to send it to you.