. CompDrug, Inc. 547 East Eleventh Ave.
Columbus, OH 43211
Phone: 614 224-4506
compdrug@compdrug.org
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Employer Tip Sheet #5
Creating a Drug-Free Workplace Policy
A written drug-free workplace policy is one of the essentials of an effective
program. Nevertheless, employers interested in creating a policy for the first time
share some common concerns.
Why Put the Policy on Paper?
A written policy helps both the employer and employees to focus on important
details. Other reasons for putting the policy in writing include:
- It may be required -- for example, by the Drug-Free Workplace Act or by
an insurance carrier.
- It makes legal review possible.
- It provides a record of the employer's effort and a reference if the
policy is challenged.
- It may protect the employer from certain kinds of claims by employees.
- A written policy is easier to explain to employees, supervisors, and others.
Can a Policy Be Borrowed From Someone Else?
If policies for similar organizations or work settings are available, it
may not be necessary to develop one from scratch. Sample policies are likely
to be found through a variety of sources: from other employers, through community
alcohol and other drug organizations, or from CSAP's Workplace Helpline at
1-800-WORKPLACE, which can provide copies of sample policies. Before you adopt
an existing policy, however, make sure it fits your organization and your
priorities. Also, consider contacting the employer who wrote the policy to ask a
few questions:
- Is the policy still in place?
- Has it been changed in any way? How? Why?
- What aspects of the policy have been most successful? Least successful?
- Have there been any implementation problems? How were they solved?
A borrowed policy may not contain everything you need. When modifying or adopting
an existing policy, consider these questions before you start to cut and paste:*
- Are there Federal, State, or local laws/regulations that apply to my workplace?
- Are any of my employees covered by the terms of a collectively bargained agreement?
- What philosophy and goals should the policy emphasize? Prevention? Punishment?
Treatment?
- Who will be covered by the policy? All employees? Employees in certain
jobs? Consultants? Contractors?
- What substances and behaviors will be prohibited?
- Will the policy include any form of drug or alcohol testing?
- When will the policy apply? During work hours? At events after hours?
- Where will the policy apply? In the workplace? Outside the workplace while on duty? Off duty?
- Who will implement and enforce the policy?
* Adapted from "Guide for Drug Free Workplace Policy Makers: Issues,
Options, and Models," Center for Substance Abuse Prevention, Substance Abuse and
Mental Health Services Administration, U.S. Department of Health and Human
Services, 1992.
Where To Go For Help
Drug-free workplace groups and coalitions in your community may have model
policies or be able to connect you with other employers who already have a policy
or program in place. Since the Drug-Free Workplace Act was passed, many local and
national programs have been set up to help employers create effective policies. Many
of these programs were created by and for employers in your community. Finding
these resources may take more than one telephone call or letter, since there may not
be a centralized list in your State or local area:
"We are a small, family-owned company with many long-term employees. In the
back of our minds, we always knew that if an employee had an alcohol or drug abuse
problem we would do everything we could to help him or her find treatment, but we
didn't have a written policy. Then one day someone who had been with our company
for 3 years came to us about an alcohol problem. We realized that we didn't know
where to send her or whether we could hold her job while she went for treatment. It
motivated us to put our policy in writing. The process of formalizing the policy
helped us look for more information about drug-free workplace programs, think about
our options and procedures, and then tell our employees about the company's policy
in case this happened again."
Owner of a printing company
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- Look in the phone book under your city or town's name and look for entries
like "Drug-Free Business Initiative" or "Coalition for Drug-Free
Workplaces."
- Call or write your State's office for alcohol and drug abuse services
and ask if they have a list of groups in or near your community.
- Call or write your local mayor's office, police department community
relations office, office of economic development, or business relations office
and ask if they have a list of coalitions.
- Call or write your State or local Small Business Administration and ask if
they know of resources or consortia in your area.
- Call or write your chamber of commerce or business, trade, or professional
association and ask if they have services to help employers start a drug-free
workplace program.
- Call CSAP's Workplace Helpline at 1-800-WORKPLACE.
What Belongs in a Policy?
Whether you create your own policy or decide to adopt all or part of someone
else's, a successful policy will include the following:
A Rationale
The reason for the policy
What it is designed to do
How it was developed
Expectations and Prohibitions
The employee behaviors that are expected
Exactly what substances and behaviors are prohibited
Consequences and Appeals
Precisely what will happen if an employee violates the policy
Procedures for determining if an employee has violated the policy
How appeals will be handled
Benefits and Assurances
Efforts to help employees comply with the policy
How requests for help will be handled
How employee confidentiality will be protected
How fairness and consistency will be maintained
Should You Invite Others To Help?
It pays to involve employees and others in developing the policy. Employers
continually find that when employees have been consulted about a new policy and
believe their voices have been heard, they are more likely to cooperate. Some
employers set up a task force or employee group to help develop their policy. Others
solicit broad review and comment before adopting a policy. When employees are
represented by a union, the policy may be an issue for collective bargaining. Union
representatives can offer ideas and programs that will make the policy operate more
smoothly.
Before You Put a Policy in Place
It's always advisable to have a draft of a new drug-free workplace policy
reviewed by an attorney experienced in labor and employment matters. Implementing
the policy will have implications for the job security of employees with alcohol or
other drug problems. Given the potential consequences of violating the policy,
legal review is critical. Legal review is also important because of the growing
and ever-changing body of laws and regulations about drugs in the workplace.
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