Think drug and alcohol testing just means an occasional urine sample? Think again. The situations businesses actually find themselves facing when it comes to substance testing are surprisingly complex. If you can imagine it, it’s happened. Even if you can’t imagine it, it probably still has happened.
I’ve seen it, and I know. For more than 10 years, I have designed, implemented and ensured compliance with drug and alcohol testing programs for a multitude of employers across various industries, both domestically and abroad, in both DOT-regulated and non-regulated environments. I have had to deal with just about every unusual testing circumstance you could imagine and gained a lot of expertise along the way.
Who’s Your HR? is here to answer the hard questions anytime you need. In the meantime, I want to share with you some tips to help you craft a drug and alcohol policy that ensures your business smooth sailing.
Remember, all the information in this blog post is published in good faith and for general information purpose only. I am not an attorney, nor do I provide legal advice. The information provided is my personal opinion and not that of any organization, business, company, agency or other individuals. The author is not liable for any losses or damages related to actions or failure to act related to the content of this article. If you need specific legal advice, consult with an attorney who specializes in your subject matter. Any action you take upon the information you find on this website (www.hrraw.com), is strictly at your own risk.
Penny Horton | February 23, 2020
Yes, Testing Still Matters
These days, drugs and alcohol regulations are constantly changing. In Oklahoma alone, higher-point alcohol is more easily available, and medical marijuana is now officially “legal” (though what that actually entails is being debated by state legislators.)
That said, drug and alcohol testing isn’t passé — it is still a critical component for ensuring workplace safety, lessening lost workplace productivity, and protecting businesses from legal issues. As an HR professional who has experience with both companies that do and don’t do drug and alcohol testing, I firmly believe that drug and alcohol testing is a positive driving force for successful organizations by:
- Enhancing a company’s workforce selection processes
- Deterring drug and alcohol misuse and abuse in the workforce
- Preventing workplace injury and safety incidents
- Helping with root cause analysis after workplace accidents
Establish a Company Drug and Alcohol Philosophy and Framework
Before you can craft best practice strategies for your drug and alcohol policy, you first need to pinpoint your company’s stance and desired approach to substance issues in the workforce. Ask questions such as these to define your company’s approach:
- What kind of workplace culture do you want to create?
I like to think of it as a spectrum, with extreme compliance and zero tolerance at one end, and second chances and immunity from discipline on the other end. Your organization may fall anywhere in between those two extremes.
- What special laws, rules, and regulations must you be in compliance with?
Today’s complicated landscape of drug laws can vary industry to industry, state to state, and even city to city. At times, you may need to craft an approach in the face of contradictory laws. It’s no easy task — and it can help to bring on an expert like Who’s Your HR? for specialized assistance.
- Are you subject to federal guidelines?
Government contractors and organizations that have federally regulated job positions may be subject to Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS), both of which dictate the drug-free requirements of your workplace.
- Do you need to meet specific contractual requirements?
Your customers have their own workplace culture, as well as regulations, laws, and requirements that they must meet. If your products or services require your employees to perform duties on the customer’s property, be sure any specific requirements are spelled out in the service contract, and be sure you are in compliance with those requirements.
- Does your organization have specific job positions that must meet special drug and alcohol requirements?
While it’s necessary to create a fair workplace that does not discriminate, companies must also address any special requirements around specific positions. For example:
- DOT agencies have specific definitions for safety-sensitive positions that require special designation and treatment when it comes to drug and alcohol testing.
- If you have employees with access to classified government information, those sensitive personnel may need to be addressed uniquely in your policy as well.
- Individuals with specific licenses or other credentials may also have unique requirements.
- Under which circumstances will you test?
There are several situations that can warrant testing, and your policy should spell these out specifically so that they can be applied consistently. Among the circumstances that may warrant testing are:
- Pre-employment
- Reasonable suspicion
- Random checks
- Post-accident
- Return to duty
- Periodic
Your drug and alcohol policies should be clear on each of these points, and your staff well trained on how and when to test.
- Who administers the testing?
It is important to determine who has responsibility for various aspects of the testing program since these can be complicated and time-sensitive matters. Outlining the roles and responsibilities for everything from decision making to receiving test results to managing records to providing training and oversight will help ensure the processes run smoothly and your program remains in compliance.
Not everything needs to be handled internally. Many of the responsibilities listed here can be outsourced, either partially or completely. Many employers outsource the collection, lab, and MRO functions. Other organizations choose to outsource program administration and processing such as random testing, record keeping, and policy writing. There are many consultants, third party administrators, and consortiums that provide these types of services.
Put It All in Writing
Once you’ve asked all the right questions and made decisions, it’s time to spell your company’s policy in writing. Putting drug and alcohol testing and compliance policies in writing helps your organization stay on track:
- Prevents misunderstanding and miscommunication
- States boundaries within which employees are expected to behave
- Outlines consequences if employees do not live up to those expectations
- Helps you make decisions and creates fairness among employees
- Mitigates a variety of risks
- Provides guidance for staff
- Provides documentation to defend your actions when policies are violated
Just remember, once your policy is written, it is imperative that you follow what is written, because if you deviate from your policy, the liability you can create for yourself is almost worse than not having a policy at all. So, make sure what you have written aligns with what you do and that what you do aligns with what you have written.
Your Drug and Alcohol Policy Can Rock the House
Creating a stellar drug and alcohol policy doesn’t have to be frustrating. At Who’s Your HR?, we have many resources that help your HR department put the right drug & alcohol policy into place. Download our free worksheet, and then give Who’s Your HR? a call to schedule a free consultation. We can help you assess existing policies, address new laws, create effective training for your staff and more, so you can relax and run your business with confidence.
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