Why You Need a Drug-Free Workplace Policy

If you do a quick Google search on the benefits of having a drug-free workplace policy, you'll undoubtedly find link after link of websites that expose the virtues and financial benefits experienced by employers who have implemented a drug-free workplace. Among the many benefits you will read about may include:

Saving your company the time and money lost every year by employers who don't have a drug-free workplace policy.
Attract and retain employees who want to work close to employees who take their jobs seriously and work to perform their jobs safely.
Reduction of workers' compensation claims due to accidents.
Reduction of absenteeism rates and increase in productivity rates.
Lower premiums and health insurance costs.
Reduced exposure to possible legal actions arising from unsafe or inappropriate acts in the workplace.
Eliminate your exposure to the estimated 12.9 million workers who, according to the US DOL. They are employed full or part time in this hops.
But one of the main reasons for having a drug-free workplace policy may be the most obvious and, unfortunately, often one of the most overlooked reasons. If you have a business whose employee runs a CDL, there is a very good chance that you have a legal obligation to have a documented drug-free workplace policy. If governed by the Federal Motor Carrier Safety Administration (FMCSA), which is an agency of the Department of Transportation, you are legally required to have an accredited drug-free workplace policy and to comply with the standards set forth in Part 40 of the DOT Regulations. The FMCSA regulates most industries (except agriculture) that require a CDL. DOT can impose heavy fines and actions against any company that does not comply with this law. And how do they know if you have a policy or not? They do audits, which means they might show up at your door.

At this point, you may be asking, "What exactly does a drug-free workplace policy cover? Can't I tell people not to take drugs?"

The answer is a blatant "NO". To comply with section 40 and the FMCSA standards, your policy must educate your population of employees about certain elements:

A definition of which employees will be evaluated.
Why they will be tested.
Definitions of key phrases such as "security sensitive employees", "split testing requirements", etc.
For which drugs will be tested and what limits exceed the acceptable ranges.
When employees will be evaluated, including pre-employment, reasonable, reasonable suspicion, post-accident, return to work, and routine follow-up.
Whether or not you are required to complete random drug tests and, if so, how these tests will be completed. Remember, FMCSA promulgated new guidelines for the percentage of employees who must undergo drug and alcohol testing this year.
A definition of the testing procedures and which third-party administrator will perform the tests.
What are the consequences and steps if an employee fails or refuses to take a drug or alcohol test?
How to appeal a positive test.
Who is the representative of the company's defined employees?
How is the test completed with a urine sample, a blood sample, a swab, or some other method?
Access to a substance abuse professional or employee assistance program.
The definition of "work time" and restrictions on using alcohol or certain prescription drugs before "work time".
In addition to many, many more components.
Employers who institute a certified drug-free workplace policy are also generally eligible for a 5% discount on their workers' compensation premiums. The question to ask yourself is this: "Would you rather pay a few thousand dollars in fines for not having a policy, or a few hundred dollars to prevent DOT from closing my business until I have a policy?"

If you have questions about how to implement such a program, there is a manual available online that DOT publishes. It is quite long (312 pages), but it will guide you through all the steps. Or you can just pick up the phone and call a human resources consultant who should be able to create a policy for your needs.