Establishing a Drug-Free Workplace

A recent study released by Quest Diagnostics Incorporated, the nation’s leading provider of employment-related drug testing services, revealed that drug use by employees and applicants is at the lowest level since 1988. The rates have fallen by 72 percent, to just 3.8 percent based on more than 9 million workplace drug tests performed by Quest Diagnostics between January and December 2006.

According to Barry Sample, Ph.D., Director of Science and Technology for Quest Diagnostics' Employer Solutions division, the decline in positive workforce drug test results may be attributed to two factors: increased employer vigilance about the impact of workplace drug abuse on liability and the cost of decreased productivity, and the possibility that those who abuse drugs may tend to avoid employment at companies that actively conduct drug testing.

Despite these encouraging results, 8.1 million drug and alcohol abusers still cost U.S. businesses an estimated $81 billion annually in lost productivity and turnover. And, the U.S. Department of Labor reveals that one in five workers report that they have had to work harder, redo work or cover for a co-worker, or have been put in danger or injured as a result of a fellow employee's drinking.

Creating a drug-free workplace can help decrease workplace accidents, employee mistakes, absenteeism, employee turnover, insurance premiums and workers' compensation claims. Businesses that test employees also benefit from an improved workplace environment, increased employee morale and higher customer satisfaction.

To establish a drug-free workplace, follow these steps from CCH.com:

1. Create a written substance abuse policy. Be sure the policy clearly and concisely explains what you are going to do and why you are going to do it. Laws vary. Be familiar with the specific requirements in your state’s jurisdiction that may impact your policy. Consider including the following elements in your policy:
   • Who will be tested
   • What type of testing will be performed – pre-employment, for cause, post accident, post treatment, fitness for duty and/or random
   • The consequence of refusing to submit to a drug test
   • The course of action the employer may take when an employee or applicant tests positive. Will the employee be referred to an employee assistance program (EAP)? Is there a progressive discipline procedure? Will the employee be immediately terminated?
   • The confidentially of the report
   • A statement that employees and applicants can consult the testing lab for information regarding prescription and nonprescription drugs, since some drugs can produce a “false positive,” all medication an employee is taking should be listed and attached to the test
   • A statement of how employees can contest a positive test
     
2. Notify employees before you begin to test. Inform employees in writing about the new policy at least 30 to 60 days before instituting drug testing, depending on the state in which the employees work. Train employees on the policy and require them to sign a written statement that they have been informed of the policy. Keep all documentation.
   
3. Establish a relationship with the collecting facility and the lab. You want to make sure that the entire procedure cannot be challenged in court. Be familiar with the collecting facility. Does the lab meet all state and federal certification requirements?
   
4. Involve a medical review officer (MRO). An MRO should look at the test results. This review is especially important when an employee tests positive. If the employee is taking legitimate medication that has caused the lab results to come back positive, the MRO can make a negative finding to the employer or recommend further testing.
   
5. Establish a relationship with an EAP or list local resources. An EAP offers counseling services for employees, training for supervisors and can help establish procedures for progressive discipline matters.
   
6. Designate a contact person within the company. Appoint one person to receive the results of the drug tests from the MRO. The information should be kept confidential and away from as many employees as possible.
   
7. Train employees. Employees should receive training about the drug-free workplace policy before it is instituted. After the program is in place, provide employees with annual reminders about the program. Continue to emphasize that you won’t tolerate drug or alcohol use at work.
   
8. Make it hard for employees to say “no” to help. An EAP can play an important role in the drug-free workplace. That role is prevention, especially where termination is the penalty for testing positive.
   
   EAPs can be a valuable tool for management and a resource for employees. An EAP allows managers and supervisors to remain focused on their management role and stay clear of their employees’ personal problems and at the same time provides a place for employees to go to address those problems.