Using drugs impairs decision-making abilities as well as physically impairs people. This is a deadly concoction when on the job.
Consequences and Appeals Policy Approaches Policy approaches can range from meeting the minimum requirements mandated by law to broader policies that address other issues that might be related to drug use, such as employee absenteeism.
Meeting the Requirements of the Law To meet legal requirements, you must know exactly what those requirements are. If necessary, seek the advice of an appropriate legal expert. Organizations not covered by these requirements may still decide to meet some or all of these requirements in their drug-free workplace policies.
At a minimum, the organization must: Prepare and distribute a formal drug-free workplace policy statement. This statement should clearly prohibit the manufacture, use, and distribution of controlled substances in the workplace and spell out the specific consequences of violating this policy.
Establish a drug-free awareness program. Ensure that all employees working on the federal contract understand their personal reporting obligations.
Under the terms of the Drug-Free Workplace Act, an employee must notify the employer within 5 calendar days if she or he is convicted of a criminal drug violation in the workplace. Notify the federal contracting agency of any covered violation. Under the terms of the Drug-Free Workplace Act, the employer has 10 days to report that a covered employee has been convicted of a criminal drug violation in the workplace.
Take direct action against an employee convicted of a workplace drug violation. This action may involve imposing a penalty or requiring that the employee participate in an appropriate rehabilitation or counseling program.
Maintain an ongoing good faith effort to meet all the requirements of the Drug-Free Workplace Act throughout the life of the contract.
Covered organizations that fail to comply with terms of the Drug-Free Workplace Act may be subject to a variety of penalties, including suspension or termination of their federal grants or contracts and prohibition from applying for federal funds in the future.
Addressing Other Substances In addition, you may want your drug-free workplace policy to cover one or more types of legally obtainable substances, as well as illegal drugs. Under certain circumstances, alcohol, tobacco, legalized marijuana, and prescription drugs can adversely affect workplace health, safety, and productivity.
Options for addressing these substances include: Working under the influence of alcohol can be dangerous, especially in safety-sensitive positions. You may want your drug-free workplace policy to make clear that working under the influence of alcohol will not be tolerated.
The presence and use of alcohol in the workplace. The mere presence of alcohol in the workplace can compromise safety and productivity because it makes workplace alcohol use more likely.
You may want your policies to prohibit the presence and consumption of alcohol in the workplace. Alcoholic and nonalcoholic beverages at work-related parties. You may want to restrict the use of alcohol at work-related parties and other events.
At minimum, your policy could require that nonalcoholic beverages be available at work-related events. You may choose to maintain a smoke-free workplace. Or you may designate certain areas as smoke-free and prohibit the sale of tobacco products at worksites.
You may decide to establish guidelines for employees using particular prescription medications and medical marijuana, especially if the medications could affect job performance.
These may include damaging inventory, repeatedly missing production schedules, and repeatedly being absent after holidays and weekends.
In addition, some organizations may want to frame the issue of drug-related workplace behaviors in the larger context of employee health and productivity.
You may want to emphasize: For example, was it developed in meetings with union representatives or employees representing different and diverse segments of the workforce? Some organizations may want the policy to have a very narrow goal, such as meeting the minimum requirements of a law.
Other organizations may prefer broader goals. Organizations that are covered by drug-free workplace laws and regulations may want to use or adapt one of the sample statements of purpose below.
Even if drug-free workplace laws and regulations do not apply to your organization, you still can adapt one of the sample statements of purpose below by simply omitting the words "to meet the requirements of applicable laws and regulations.Subpart —Drug-Free Workplace Scope of subpart.
This subpart implements 41 U.S.C. chapter 81, Drug-Free Workplace.. Applicability. This subpart applies to contracts, including contracts with 8(a) contractors under FAR Subpart and modifications that require a justification and approval (see Subpart ), except contracts—.
Drug-Free workplace programs are comprehensive programs that address illicit drug use by federal employees and in federally regulated industries. Legal Requirements. Learn about the legal requirements that can affect drug-free workplace policies and workplace drug testing.
Federal Laws and Regulations;. The Drug and Alcohol Testing Industry Association (DATIA) is the national voice for program managers, laboratories, collection sites, third party administrators and other businesses which are a key part in drug deterrence and detection.
DATIA, formed in , is a member association.
AN EMPLOYER’S GUIDE TO A DRUG-FREE WORKPLACE primarily of materials abstracted from a number of different sources. This guide is to be used as an overview of a drug-free workplace program, and is being offered as an informational tool only, with A.
Plan And Develop A Clear And Comprehensive Drug-Free Workplace Policy.
Creating a written drug-free policy that reflects the needs of your workplace and applicable laws is a key part of a successful drug-free workplace program. After assessing your workplace’s needs, your drug-free workplace team members should develop a policy that is customized to your organization.
Drug-Free Safety Program (DFSP) information This law does not impact the policies or operations of BWC's Drug-Free Safety Program (DFSP). Post-accident, random and other forms of testing in BWC's drug-free workplace programs are still permissible and do NOT address claim compensability.