Employer Tip Overview

Tip #1Why Should You Care About Having a Drug-Free Workplace?

Tip #2The Components of a Drug-Free Workplace Program

Tip #3Hallmarks of Successful Drug-Free Workplace Programs

Tip #4Drug-Free Workplace Programs: Are They Worth the Time? What Are the Risks, Costs, and Benefits?

Tip #5Creating a Drug-Free Workplace Policy

Tip #6Employee Education

Tip #7Supervisor Training

Tip #8Employee Assistance Programs (EAPs)

Tip #9Drug Testing

Tip #10Avoiding Problems With Alcohol, Tobacco, and Other Drugs: Making Prevention Work

Tip #11Evaluating Your Program

Employer Tip Sheet #1

Why Should You Care About Having a Drug-Free Workplace?

  • Alcohol and other drug abuse is widespread in our society, and it affects us all in many ways.
  • Although national, State, and local efforts have begun to show encouraging results, the problem of alcohol and other drug abuse remains a serious issue.
  • No workplace is immune. In 1991 the National Institute on Drug Abuse reported that 68 percent of illicit drug users were employed. Employers who think alcohol and other drug abuse will never be a problem in their workplace should consider this: Job applicants who can’t pass a drug test tend to apply to companies that don’t test.
  • To find out if your Workers’ Compensation carrier offers a premium discount, call your local division of Workers’ Comp., insurance company, or State’s attorney general.

Employers who have implemented drug-free workplace programs have important experiences to share:

  • Employers with successful drug-free workplace programs report decreases in absenteeism, accidents, downtime, turnover, and theft; increases in productivity; and overall improved morale.
  • Employers with longstanding programs report better health status among many employees and family members and decreased use of medical benefits.
  • Some organizations with drug-free workplace programs qualify for incentives, for example, decreased premium costs for certain kinds of insurance, such as Workers’ Compensation.
  • Employers find that employees, employee representatives, and unions often welcome drug-free workplace programs. If you don’t have a program, your employees may be wondering why.
  • Employers with drug-free workplace programs find that current users of alcohol and other drugs prefer organizations that do not have such programs.
  • An effective program can keep you from being the employer of choice for users, abusers, and addicts.

The Drug-Free Workplace Act: The Basics

Programs aimed at health promotion and alcohol and other drug abuse prevention in the workplace are not new. Recent legislation, however, has reinforced the importance of the workplace in combating alcohol and other drug abuse. In 1986 the President signed an Executive Order mandating that all Federal agencies be drug-free. In 1988 Congress passed the Drug-Free Workplace Act, which requires Federal grantees and recipients of Federal contracts of $25,000 or more to comply with the following:

  • The employer must have a written policy that explains what is prohibited and the consequences of violating the policy.
  • Employees must read and consent to the policy as a condition of employment on the project.
  • The employer must have an awareness program to educate employees about alcohol and other drug abuse and addiction, the employer’s policy, and available help, counseling, and assistance.
  • Employees must disclose any conviction for a drug-related offense in the workplace to the employer within 5 days after such conviction.
  • Employers must disclose any conviction for a drug-related offense in the workplace to the Federal agency with which the employer has a grant or contract within 10 days after receiving notice from the employee or others.
  • Employers must make an ongoing effort to maintain a workplace free of drugs.

Are You Required to Have a Drug-Free Workplace Program?

Do you have a Federal grant?

Do you have a Federal contract valued at $25,000 or more?

Do you have any subcontracts that include a drug-free workplace requirement?

Are you subject to any Federal agency regulations, such as those of the Department of Transportation, Department of Defense, or Nuclear Regulatory Commission?

If you answered "yes" to any of these questions, you are probably required to have a program. Even if you are not required to comply with the Drug-Free Workplace Act, it provides guidelines that you can use to develop a drug-free workplace program.

If you have questions about whether you are required to have a program in your workplace, call the CSAP’s (Center for Substance Abuse Prevention) Workplace Helpline at 1-800-WORKPLACE for assistance. The Helpline is a free and confidential service of the Center for Substance Abuse Prevention, an agency of the Federal Department of Health and Human Services.

Drug-Free Workplaces: Other Elements

Many drug-free workplace programs go beyond having a policy and providing education about alcohol and other drug abuse. Some other options are listed below:

  • Training for Supervisors, Stewards, Managers, and Business Agents. In larger workplaces, people in supervisory positions are often closest to employees; therefore, they are usually the best ones to be responsible for implementing the policy and increasing employee awareness about alcohol and other drugs. To do this, they will need the right knowledge and skills.
  • For further information about training and education, see Tip Sheet #6 and #7, the Supervisor’s Guide, and the Employee Fact Sheets.
  • Employee Assistance or Referral Programs. In some cases it may be necessary to refer troubled employees for treatment or counseling. Increasingly, employers do this through an employee assistance program (EAP). An EAP can help to connect troubled employees with counseling or treatment for alcohol, drug, and other problems. EAPs can also assist with related personal and family problems.
  • For further information on EAPs, see Employer Tip Sheet #8 and #10 as well as the resource lists in the Supervisor’s Guide and the Employee Fact Sheets.
  • Drug Testing. Drug testing may be required by Federal, State, or local regulations. Some employers choose to test even when it isn’t required. In some cases, testing is included in agreements between employers and unions.
  • For further information on testing, see Employer Tip Sheet #2 and #9 and Employee Fact Sheet #5.

If You’re Not Required, Why Bother?

Long before there was a Drug-Free Workplace Act, a number of larger employers and unions offered ways to help employees and their families find help for alcohol and other drug problems. Even before there were statistics to prove it, employers knew that alcohol and other drug abuse costs them money. Encouraging employees to find help when they need it saves money. It may even save an employee’s life, family, or job. Creating a drug-free workplace program or enhancing an existing program can be an important part of solving one of our country’s most persistent and serious problems and can lead to a healthier, more productive work force.

Employer Tip Sheet #2

The Components of a Drug-Free Workplace Program

No two workplaces are the same, and no two employers will take exactly the same approach to addressing alcohol and other drug abuse. The chart below shows a number of options for starting or expanding a drug-free workplace program.

Some employers may be interested in only one component; others may want to implement several or all of them. The decision will depend on the level of concern about the problem, the potential for alcohol and other drug abuse at the worksite, and the available resources.

Remember, there is no one "right" way to start a drug-free workplace program.

Each component in the chart is explained in greater detail in the following sections of this kit. Taken together, they provide a comprehensive approach to developing a drug-free workplace program.

Components of a Drug-Free Workplace Program

Needs Assessment

As with any other organizational change, assessment is the first step. A careful needs assessment can lead to early program success. The needs of an employer with 200 employees, 75 of whom drive company vehicles, will be very different from the needs of an employer with only 8 employees who work all day on computers. Local resources also will vary from one community to the next. For help with assessing needs and resources, see Employer Tip Sheet #4.

Policy Development

A written policy tells everyone the organization’s position on alcohol and other drug abuse and explains what will happen if the policy is violated. This is the central component of most programs.

Employers often ask if they can "borrow" another employer’s policy and tailor it to their workplace. While this is certainly possible, it is best to draft a policy that meets your own organization’s specific needs. Many employers find it helpful to involve supervisors and employee and union representatives in drafting a policy. These people can offer practical ideas and help to write a well-rounded policy. In general, employees who contribute to a policy are more likely to willingly comply with it. They’ll also be better able to explain it to others.

For help with policy development, see Employer Tip Sheet #5.

Employee Education

A plan for introducing the drug-free workplace program to employees and for informing them about alcohol- and other drug-related issues will be important to the program’s overall success. The educational components in this kit provide the basic facts about alcohol and other drug abuse and guidelines for informing and educating employees.

For help with the educational component of a drug-free workplace program, see Employer Tip Sheet #6 and the Employee Fact Sheets.

Supervisor Training

If your organization has managers or supervisors, they can provide valuable support in introducing and carrying out a drug-free workplace program. They cannot do it alone, however; they will need guidance, direction, and support.

For assistance with training supervisors, work group managers, or union representatives, see Employer Tip Sheet #7, the Supervisor’s Guide, and the Employee Fact Sheets.

Employee Assistance Program (EAP)

An EAP is one way for an organization to offer help to employees with personal problems, including problems with alcohol and other drugs. This component can be a sign of employer support and a source of improved productivity. Although not every employer will want or be able to afford an EAP, it is worth considering. Low-cost options for offering an EAP are available, making this component within reach even for companies with limited resources.

For more information about EAPs, see Employer Tip Sheet #8.

Drug Testing

Some employers believe that a drug-free workplace program and drug testing are the same. In fact, drug testing is only one possible component of a drug-free workplace program.

Drug testing has its place and can be helpful. It can also be a source of controversy, anxiety, and concern among employers and employees. Therefore, it is a big decision. A successful drug testing program requires careful planning, consistently applied procedures, strict confidentiality, and provisions for appeal.

For detailed information about drug testing, see Employer Tip Sheet #9 and Employee Fact Sheet #5.

Drug-Free Workplaces: No Two Are the Same

Many options for creating a drug-free workplace program are available to employers. The Employer Tip Sheets in this kit are designed to help you make the best choices to protect your organization and the health and welfare of your employees. Just as no two businesses or organizations are exactly alike, no two drug-free workplace programs will be the same. Shape your drug-free workplace program to meet the needs of your organization -- for now and for the future.

Employer Tip Sheet #3

Hallmarks of Successful Drug-Free Workplace Programs

Employers who have successfully implemented drug-free workplace programs offered these suggestions to employers who are just beginning to address the issue of alcohol and other drug abuse in their own organizations:

Think Things Through

Starting a drug-free workplace program requires careful planning. It’s important to think ahead, define clear goals for the program, and seek advice from other employers with experience when you need it. Learn as much as you can about existing programs and policies before you begin.

Involve Employees

Work with your most valuable resource: your employees. They can help get the message out, clarify goals, and make sure the program fits into the daily reality of your workplace. Showing employees that you value their input vests them in the program and helps to make it work. Most estimates indicate that at least 8 out of 10 of your employees are probably not abusing alcohol or other drugs -- they are already part of the solution.

Emphasize Fairness

Drug-free workplace programs are serious business. Violating a drug-free workplace policy could mean that someone will lose a job or not be offered one. Protect your organization with procedural rules that are clear, fair, and consistently applied. The policy should also include provisions for appeal. With these steps in place, employees are more likely to support the program and trust that the employer will carry it out fairly.

Consider the Collective Bargaining Process

Where drug testing is a mandatory subject of collective bargaining, the rules for involvement of employee representatives are clear. Even when drug testing is not subject to collective bargaining, or when it is mandated by law, discussing the drug-free workplace policy with union representatives can be very useful. They may have model programs or other ideas to offer, and they can be very helpful in communicating program purpose, procedures, and policies to the employees they represent.

Protect Confidentiality

Employees will support and have faith in your drug-free workplace program when their confidentiality is protected. If employees choose to tell coworkers about their private concerns (e.g., results of a drug test), that is their decision. However, when an employee tells you something in confidence, you are obligated to keep it between the two of you. To ensure employee support of the program and avoid legal problems, make confidentiality a priority and spell out the penalties for anyone who violates it. (See the Supervisor’s Guide for more information about confidentiality.)

Ensure Accurate Testing and Objective Review

If your program includes alcohol or other drug testing, satisfy yourself and your employees that samples are correctly collected; the chain of custody is flawless; the tests are conducted by properly trained and supervised laboratory technicians using equipment that is appropriately maintained; laboratory performance and accuracy is independently reviewed; and results are communicated through a medical review officer (MRO) trained to render judgments.

Ensure Proper Use of the Program

Fair procedures and provisions for appeal reduce the possibility of misunderstandings between employers and employees. Train your supervisors to carry out their roles in the drug-free workplace program appropriately, and review and evaluate their performance in this area to prevent misuse of the program.

Ask For Legal Review

Whether you write the first draft of your policy yourself or tailor an existing policy to your needs, having your program, policy, and procedures reviewed by an attorney experienced in labor and employment matters in your State is extremely important. An attorney can advise you on any relevant State laws governing drug-free workplace programs or employer testing, and on how the Americans With Disabilities Act (ADA) may affect your program implementation. An attorney can also alert you as laws and regulations change over time. (See the Supervisor’s Guide, "Other Issues" section, for more information about the ADA.)

Pay Attention to the "Human" Factor

A drug-free workplace program that communicates care and concern for employees is more likely to succeed than one that seems scary or that intimidates employees. Providing assistance for employees with alcohol or other drug problems is one way employers can communicate that they care. Not every organization can afford to cover the costs of treatment for alcohol or other drug abuse; however, you can encourage employees to seek outside help and make it clear that help is available.

Ensure Good Communication and Ongoing Review

Explain your drug-free workplace program by using a variety of communication strategies. The message should be clear from the start. Effective ways to communicate include written materials, charts, meetings, question-and-answer sessions, and a suggestion box. Employers who are successful at this know it is important to repeat the message periodically, watch how the program works on a day-to-day basis, invite feedback, and revise the program as needed to meet the specific needs of the workplace.