Steps in Policy Development

In preparation for developing a drug and alcohol prevention policy, the following steps should be considered:

• Commit your organization's senior managers to a drug-free workplace; Identify organizational indicators of substance-abuse-related liabilities such as increases in accidents, theft and property losses, security breaches, benefits utilization, absenteeism, training costs, and Workers' Compensation claims;
• Gather workers' views, formally or informally, as to whether drug or alcohol use is present and whether it is undermining health, safety, security, or other aspects of work activity; ask for input from employees on the best way to implement a drug- and-alcohol-free workplace program;
• Call together representatives of key units within your organization, such as occupational safety and health, security, employee benefits, personnel, and the EAP to get a company-wide sense of the problem; employee representatives should be part of the process;
• Compare hard data with subjective views to get some idea of the productivity toll exacted by drugs and alcohol;
• Decide whether drug and/or alcohol testing will be a part of your program and when, how, and for whom testing will be administered (e.g., job applicants, all employees, employees in jobs involving safety or security, employees who have had accidents), whether testing will be periodic and announced or random and unannounced;
• Determine what disciplinary measures (e.g., dismissal, suspension, demotion, transfer) you will take against employees who violate the policy;
• Determine what the appeals process will be for employees who wish to appeal positive tests and resulting discipline;
• Recognize that alcohol abuse and illegal use or misuse of prescription drugs are major drug abuse problems, just like illegal drug use, and need to be addressed comprehensively also.

Once you have a clear idea of what you expect from your drug and alcohol prevention policy, you should:

• Draft a preliminary policy on drug and alcohol abuse in the workplace;
• Coordinate your policy and program internally with those individuals responsible for labor relations, personnel, medical care, security, public affairs, and occupational safety and health;
• Ensure legal counsel clears the policy's substance and language to ascertain that it:
• Is consistent with other corporate polices;
• Complies with relevant federal, state and local laws regarding drug and alcohol testing; and
• reduces your vulnerability to legal challenges;
• Collectively bargain with your union or employee association representatives, if any, regarding your intent to implement a drug-and-alcohol-abuse prevention policy and program (especially regarding testing, which is mandatory subject to collective bargaining), and enlist their cooperation and support;
• Issue a formal, written policy statement on drug and alcohol abuse that explains:
  • Your commitment to a drug-free workplace;
  • Under what circumstances, if any, drug and/or alcohol testing will be conducted;
  • The consequences of refusing to be tested;
  • The consequences of violating the policy

Testing

• Many employers include provisions for various forms of testing in their substance abuse prevention policies. Many employers consider testing an excellent tool for both detecting and deterring drug and alcohol abuse. Alcohol tests may analyze a subject's breath, blood or saliva. When testing for drugs other than alcohol, urine samples are typically utilized, although some employers test hair samples. Regardless of which drugs you test for, follow these basic guidelines:
• Testing is only one aspect of a comprehensive strategy to prevent substance abuse in the workplace.
• Contract with a reliable, professional testing service that will assure quality control and chain-of-custody for test samples. Ensure that the personnel providing the services are trained and that the manufacturer's instructions for testing apparatus are followed to the letter. It is also advisable to use a service that has professionals qualified and available to serve as expert witnesses.
• Implement testing in as fair, accurate, and legally defensible a manner as is reasonable considering your company's situation. Extreme caution must be used to assure that the collection, handling, and testing procedures are reliable and accurate and to prevent misidentification. Because relevant laws are constantly changing, consult with legal counsel before implementation.
• Provide job applicants a copy of your policy that defines the company's requirements for drug and/or alcohol testing of employees. Request that applicants acknowledge in writing at the time of hire their recognition that participation in the company's testing program is a condition of continued employment. Place the signed acknowledgment form in their permanent personnel file.
• When an employee's sample tests positive, before taking disciplinary action, have a second test performed using the gas chromatography/mass spectrometry (GC/MS) method. While other methods are acceptable and standard for the initial screening process, GC/MS is the only legally defensible testing method and should always be used for confirming positive results.
• Violations of substance abuse prevention policies frequently lead to disciplinary action against the violators. Some guidelines for initiating disciplinary action are:
• Document as fully as possible the relationship between declining job performance and substance abuse before taking disciplinary action against employees. This is especially important for employees in jobs involving either:
• minimal risk to the safety of the public or co-workers;
• little need for public trust; or
• no access to substantial amounts of cash or valuables.
• Establish a mechanism for a quick and fair review of employee complaints and resolution of grievances filed by employees who are discharged, suspended, demoted, or transferred for violation of the company's substance abuse policy.
• Monitor legislative and legal developments yearly and revise your company's substance abuse prevention program accordingly.
• It is important to evaluate, periodically and at the senior management level, how well your program's and policies' objectives are being achieved. Make changes where necessary and appropriate.

Do:

• Become familiar with common symptoms of drug use.
• Assume that no one in your organization is immune to the problem of drug and alcohol abuse.
• Know your employees. Become familiar with each one's skills, abilities, and normal performance.
• Document job performance regularly, objectively, and consistently for all employees.
• Keep written records that objectively document the performance of troubled employees. These can be used as a basis for referral for to the employee assistance program and/or for testing.
• Take action whenever job performance fails, regardless of whether drug or alcohol use is suspected.
• Know the exact steps to be taken when an employee has a problem and is ready to seek help.
• Obtain appropriate advice when a problem is identified or suspected, and have a witness to any actions when confronting an employee.

Don't:

• Misuse the Drug-Free Workplace program to discipline employees for unrelated problems.
• Single out any employee or group of employees for scrutiny under the policy. Be consistent in your actions with all employee groups or classes.
• Confront a suspected drug dealer [or user] alone. Always have a witness.
• Implement a verbal policy. An effective policy must be written, circulated, and acknowledged in writing by employees in order to have strong legal standing.
• Treat employees who test positive differently. All employees who test positive must be treated consistently to maintain the integrity of the program.
• Take action against employees based on the results of a rapid drug test only. Always obtain the results of a gas chromatography/mass spectrometry (GC/MS) confirmation test before taking action. While the rapid tests are extremely accurate, the GC/MS is the paperwork you would need if it were to go to court and is a minimal additional expense that is well worth it.
• Offer rehabilitation selectively.
• Address drug abuse without including alcohol abuse in the policy.
• Implement a policy and program unilaterally if the workforce is represented by a union. The National Labor Relations Act requires that terms and conditions be included in your bargaining agreement and a drug program falls into that requirement.