Hallmarks of Successful Drug-Free Workplace Programs
Employers who have successfully implemented drug-free workplace programs
offered these suggestions to employers who are just beginning to address the
issue of alcohol and other drug abuse in their own organizations:
Think Things Through
Starting a drug-free workplace program requires careful planning. It’s
important to think ahead, define clear goals for the program, and seek advice
from other employers with experience when you need it. Learn as much as you
can about existing programs and policies before you begin.
Involve Employees
Work with your most valuable resource: your employees. They can help get the
message out, clarify goals, and make sure the program fits into the daily reality
of your workplace. Showing employees that you value their input vests them in the
program and helps to make it work. Most estimates indicate that at least 8 out
of 10 of your employees are probably not abusing alcohol or other drugs -- they
are already part of the solution.
Emphasize Fairness
Drug-free workplace programs are serious business. Violating a drug-free
workplace policy could mean that someone will lose a job or not be offered
one. Protect your organization with procedural rules that are clear, fair,
and consistently applied. The policy should also include provisions for
appeal. With these steps in place, employees are more likely to support the
program and trust that the employer will carry it out fairly.
Consider the Collective Bargaining Process
Where drug testing is a mandatory subject of collective bargaining, the rules
for involvement of employee representatives are clear. Even when drug testing is
not subject to collective bargaining, or when it is mandated by law, discussing
the drug-free workplace policy with union representatives can be very useful. They
may have model programs or other ideas to offer, and they can be very helpful in
communicating program purpose, procedures, and policies to the employees they
represent.
Protect Confidentiality
Employees will support and have faith in your drug-free workplace
program when their confidentiality is protected. If employees choose to tell
coworkers about their private concerns (e.g., results of a drug test), that is
their decision. However, when an employee tells you something in confidence,
you are obligated to keep it between the two of you. To ensure employee support
of the program and avoid legal problems, make confidentiality a priority and
spell out the penalties for anyone who violates it. (See the Supervisor’s Guide
for more information about confidentiality.)
Ensure Accurate Testing and Objective Review
If your program includes alcohol or other drug testing, satisfy yourself
and your employees that samples are correctly collected; the chain of custody
is flawless; the tests are conducted by properly trained and supervised
laboratory technicians using equipment that is appropriately maintained;
laboratory performance and accuracy is independently reviewed; and results
are communicated through a medical review officer (MRO) trained to render
judgments.
Ensure Proper Use of the Program
Fair procedures and provisions for appeal reduce the possibility of
misunderstandings between employers and employees. Train your supervisors to
carry out their roles in the drug-free workplace program appropriately, and
review and evaluate their performance in this area to prevent misuse of the
program.
Ask For Legal Review
Whether you write the first draft of your policy yourself or tailor an
existing policy to your needs, having your program, policy, and procedures
reviewed by an attorney experienced in labor and employment matters in your
State is extremely important. An attorney can advise you on any relevant
State laws governing drug-free workplace programs or employer testing, and
on how the Americans With Disabilities Act (ADA) may affect your program
implementation. An attorney can also alert you as laws and regulations
change over time. (See the Supervisor’s Guide, "Other Issues" section,
for more information about the ADA.)
Pay Attention to the "Human" Factor
A drug-free workplace program that communicates care and concern for
employees is more likely to succeed than one that seems scary or that
intimidates employees. Providing assistance for employees with alcohol
or other drug problems is one way employers can communicate that they care. Not
every organization can afford to cover the costs of treatment for alcohol or
other drug abuse; however, you can encourage employees to seek outside help
and make it clear that help is available.
Ensure Good Communication and Ongoing Review
Explain your drug-free workplace program by using a variety of communication
strategies. The message should be clear from the start. Effective ways to
communicate include written materials, charts, meetings, question-and-answer
sessions, and a suggestion box. Employers who are successful at this know
it is important to repeat the message periodically, watch how the program
works on a day-to-day basis, invite feedback, and revise the program as
needed to meet the specific needs of the workplace.
Stay Current
Drug-free workplace programs are being studied and improved all the time. Keep
current by joining local drug-free advocacy groups or coalitions. Some trade and
professional associations also provide up-to-date information about drug-free
workplace issues. Some employers ask an employee group to periodically review
the program and suggest appropriate changes.
Address Concerns and Barriers
Employers with successful drug-free workplace programs report that they
had a number of barriers to overcome before implementing a successful program. The
following are examples of common barriers you may face as you consider implementing
a program:
Is my company too small?
No organization is too small to be concerned about creating a workplace
free of the effects of alcohol and other drug abuse. Problems related to
alcohol and other drug abuse can arise in a workplace of any size, and a
workplace without a policy or program is exactly where problems are likely
to occur.
Will a drug-free workplace program cost too much money?
You can be part of the solution without spending a lot of money. Although
smaller businesses usually have fewer resources for hiring outside trainers
or for paying for treatment, they can do something. Free or low-cost assistance
is often available. Implementing a drug-free workplace program in stages is
another option; for example, you could begin by establishing a clear policy that
defines the company’s expectations. That way, everyone knows what to do if an
alcohol or other drug problem arises. The materials in this kit offer
suggestions to help you minimize the cost of a program.
Will I be sued?
Drug-free workplace policies, drug testing, and personnel actions that are
tied to violating a drug-free workplace policy are widely accepted employment
practices. As long as confidentiality is protected and the employer implements
the policy in a fair and consistent manner, the chances of being sued are
minimal. Again, have your policy and procedures reviewed by an attorney who
is experienced in labor and employment matters in your State -- before you put
the policy/program in place.
Do I need to bother? . . . Wouldn’t I know if employees
were abusing alcohol or other drugs?
Abuse and addiction are serious, complex, and progressive illnesses. You may
not "know" about an employee’s condition until the later stages of
the disease process because that is when problems related to abuse or addiction
become most apparent. So you may or may not know if employees are abusing
alcohol or other drugs.
Organizations that don’t have drug-free workplace programs tend to be places
where alcohol or other drug abusers want to work. Having a program in place
now can reduce costly problems in the future. In addition to all of the other
health, safety, and security risks that can arise, no employer wants to be the
employer of choice for people who abuse alcohol or other drugs.
Will having a program create negative attitudes
among employees?
Employees will be concerned and have questions about any new policy or
program. Because of the sensitive nature of a drug-free workplace program, it
is important to involve employees, listen to their questions and concerns, and
explain why the decision has been made to implement a drug-free workplace
program in the organization. If the program is presented in a positive way -- not
as punishment -- the chances are good that employees will respond positively.
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