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GOVERNMENT watch |
Drugs: Your problem too
Anne Woods
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Small businesses are most vulnerable to workplace substance abuse. Individuals with a history of substance abuse may seek employment at small organizations that are less likely to have a substance abuse policy. The U.S. Department of Labor (DOL) indicates that 44 percent of full-time employees using illicit drugs work for small establishments.
Alcohol is the most widely abused drug among working adults. An estimated 6.2 percent of adults working full time are heavy drinkers. Among the population of full-time employed heavy drinkers, 36 percent work for establishments with one to 24 employees.
The DOL estimates that alcohol and drug abuse costs American businesses roughly $81 billion in lost productivity in one year. Alcohol alone is estimated to cause 500 million lost workdays annually.
As a superintendent, you may be responsible for enforcing a current substance abuse policy or you may be asked to create one. Understanding state laws regarding substance abuse policies will make this task easier. Your state department of labor has this information, and the DOL has dedicated a section of its Web site at www.dol.gov, to state and territory laws. The DOL site also offers a Drug Free Workplace Advisor Program Builder that can guide you through 13 steps related to building your policy. It is important to note that the DOL does not regulate the area of workplace substance abuse or drug testing.
The DOL offers information about the five standard components of a substance abuse policy: a written policy statement, supervisor training, employee education and awareness, employee assistance for providing help, drug and alcohol testing.
Putting your policy in writing will provide a record of the employer’s effort to promote a drug-free workplace. Having a written policy makes legal review possible and may protect the employer from certain claims by employees. Have your written policy reviewed by an attorney experienced in labor and employment issues.
If your organization plans to adopt a policy of alcohol and drug testing, you will want to learn the specifics of how this should be worded and how it should be communicated to employees. The law regulating drug testing in the private sector is state-specific. Some things to consider include:
Legality. Some states restrict drug testing in the private sector.
Refusal. The consequences for refusing to submit to a test.
Privacy. Urine, blood and hair tests can disclose personal medical information such as pregnancy, or use of prescription medications to treat heart conditions, epilepsy or diabetes.
Random drug testing. Not legal in every state.
ADA compliance. The Americans with Disabilities Act makes it clear that an individual with alcoholism has a disability that is protected under the ADA. An employer may not refuse to hire a qualified individual because of his or her alcoholism, and may not punish an alcoholic employee more severely than nonalcoholic employees for the same conduct.
Cost. The costs of the test and who is responsible for paying for the test.
Accuracy. Several states require that the test be done in a certified lab.
Confidentiality. The process to keep test results confidential and if and how long this information should be kept in a personnel file.
Some organizations choose to create a substance abuse policy that does not include drug testing. Alternatives to drug testing include impairment testing of workers in safety-sensitive positions. Computer programs are available that test for hand and eye coordination, visual tracking ability and basic cognitive skills. Another option is to write your policy to state that employees will be provided substance abuse counseling or treatment services through a confidential employee assistance program.
The Occupational Safety and Health Administration does not require a drug-free workplace program. Instead, OSHA strives to raise awareness about the impact drugs and alcohol have on the workplace, particularly for small businesses.
For comprehensive information on substance abuse in the workplace, including links to state laws, visit the government section of GCSAA Online at www.gcsaa.org or contact the government relations department at(800) 472-7878.
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