Substance abuse continues to be a critical workplace safety issue that often results in accidents and injuries. DOL may have answers to some of your most pressing questions about how to handle this difficult problem.
Here are some frequently asked questions about workplace substance abuse, selected from the U.S. Department of Labor’s (DOL) Working Partners for an Alcohol- and Drug-Free Workplace website and edited for brevity. You’ll find the complete list of FAQs at www.dol.gov/workingpartners.
Q. Are searches allowed if an employee is suspected of having drugs in the workplace?
A. If there is reasonable suspicion of illegal activity occurring on company property, then certain types of searches may be allowable and appropriate action.
Generally, if searches are to be allowed as part of a drug-free workplace program, it is very important that clear guidelines are provided in a written drug-free workplace policy that is shared with all employees. Also, all supervisory and/or security personnel should be carefully trained to deal properly with searches and other drug- and alcohol-related issues.
In addition, you need to be aware of potential privacy concerns affecting the search of anyone’s personal property. DOL recommends seeking legal advice about limitations on searches in your location, since state and local laws may be involved.
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Q. What are an employer’s notification requirements prior to starting drug testing?
A. Although DOL does not regulate workplace drug testing, it strongly recommends that before any drug-testing program is implemented, you have a written policy that is shared with all employees and clearly outlines why drug testing is being implemented, prohibited behaviors, and the consequences for violating the policy.
DOL also recommends that if drug testing is used, it be only one component of a comprehensive drug-free workplace program that also includes training for supervisors on signs and symptoms of substance abuse, education for employees about the dangers of substance abuse, and some form of assistance or support for employees who may have problems with alcohol and other drugs.
Q. One of my employees has a drug problem. What are my options?
A. Generally, unless you are covered by certain regulations (such as the Department of Transportation’s alcohol and drug testing rules for employees in safety-sensitive positions) you have a variety of options for how to deal with an employee who has an alcohol or drug problem.
DOL recommends that all employers have a written drug-free workplace policy that is shared with all employees and clearly outlines expectations regarding alcohol and drug use. If your organization already has a drug-free workplace policy, your first step should be to review it to see if it provides any guidance as to your options. If your company does not have a drug-free workplace policy, you should develop and implement one.
Also, if your organization has an employee assistance program (EAP), the employee in question should be referred to it by a supervisor or someone else in an appropriate position to do so based on observed and documented performance problems, if this has not already occurred.
Employers may take disciplinary action (up to and including dismissal) based on job performance problems that may be the result of an employee’s alcohol or drug abuse. However, it is critical to document such problems and any actions taken. Also, employers may offer help to employees with related problems (for example, time off to seek treatment and a return-to-work agreement) in lieu of termination. Of course, it is the employee’s choice as to whether or not they accept this help.
While exploring your options, you might also want to read about substance abuse issues under the Family and Medical Leave Act (FMLA).
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Q. Do drug-free workplaces receive a workers’ compensation discount?
A. Some states have workers’ compensation laws that provide discounts to organizations that have drug-free workplace programs that include certain components, and as part of this process, they may provide drug-free workplace
certification. For more information, visit the Working Partners website’s listing of state laws that impact drug-free workplace issues or contact your state Department of Workers’ Compensation.
Q. Can an employee who was terminated for violating a drug-free workplace policy collect unemployment insurance?
A. Some states laws limit the unemployment insurance benefits available to unemployed individuals whose termination was based on the results of a drug test. For more information, visit the Working Partners website’s listing of state laws that impact drug-free workplace issues or contact your state Department of Unemployment Insurance.
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