Creating a Drug-Free Workplace

CREATING A DRUG-FREE WORKPLACE POLICY

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.

WHAT BELONGS IN A POLICY

A Rational The reason for the policy What it is designed to do How it was developed	Expectations &Prohibitions The employee behaviors that are expected Exactly what substances and behaviors are prohibited
Consequences & 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 & 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 employees 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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