HOW TO KEEP YOUR WORKPLACE DRUG-FREE...WITHOUT LAWSUITS

Among adults aged 18 or older, 8.4 percent of those employed full-time currently use illicit drugs, while 11.2 percent of those employed part-time do so. Legal drugs also have the potential for misuse: the National Institute on Drug Abuse estimates that about 7 million people currently abuse prescription and over-the-counter drugs.

The federal government does not require most private companies or individuals to have drug-free workplace policies. However, drug-free workplace programs can protect employers from the negative effects of substance abuse. Studies show that when compared with nonabusers, substance-abusing employees are more likely to:

• Change jobs frequently
• Be late to or absent from work
• Be less productive than other employees
• Be involved in a workplace accident
•  File a workers' compensation claim

Research also indicates that between 10 and 20 percent of the nation's workers who die on the job test positive for alcohol or other drugs. Some states offer employers with drug-free workplace programs a discount on workers' compensation premiums. And many states deny workers' compensation benefits to workers whose injuries are determined to be the result of substance abuse.

Should Your Program Include Drug Testing?

If you decide to include drug testing in your program, remember that laws designed to protect workers' civil rights could affect your workplace drug policies. These laws include the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) of 1990. These statutes limit how far an employer can go in investigating and disciplining employee drug use. Under the ADA, for example, employers cannot fire a drug addict who is already seeking treatment for his/her condition. State privacy laws might also apply.

These simple steps can help you avoid legal problems with your drug-free workplace policy:

• Consult an employment lawyer when introducing a new drug-free workplace policy or changing an existing policy.
• Make sure your policy clearly stipulates penalties for violations. If your policy includes drug testing, spell out who will be tested, when they will be tested and what will happen to employees who test positive.
• Make sure every employee receives and signs a written copy of your drug-free workplace policy.
• Make sure that all managers receive proper training in how to detect and respond to workplace drug and alcohol abuse.
• Keep detailed and objective records documenting any employee performance problems for all employees. Such records often provide a basis for referring workers to employee assistance programs.
• Never take disciplinary action against a worker simply because he/she is acting impaired. Some health conditions can make an individual seem impaired. If your drug-free workplace policy includes testing, do not take action before obtaining a positive result.
• Never accuse or confront an employee in front of coworkers. Hold all discussions in private, with another manager present to witness.
• Never single out an individual employee or particular group of employees for special treatment. Inconsistencies in policy enforcement may lead to discrimination charges.
• Try to get to know your employees as much as possible. This may help you more quickly identify workers who are in trouble or developing substance abuse problems.
• Most importantly, involve workers at all levels of your organization in developing and implementing your drug-free workplace policy. This will help ensure that policies and procedures are fair to everyone.

For more information, please contact the PCOC Insurance Program department at Jenkins Insurance Services at (877) 860-7378.