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October 11, 2008    DOL Home > elaws Advisors > Drug-Free Workplace Advisor
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Drug-Free Workplace Policy Builder

Section 9: Will you use Return-to-Work Agreements?

A Return-to-Work Agreement (RTWA) is a written document that sets forth the expectations that the employer and the employee assistance/medical professional have of an employee who has completed mandated treatment for alcohol and/or drug problems. It also sets forth the consequences if the expectations are not met. This agreement should be used if an employee has violated the drug-free workplace policy and has been provided the opportunity to participate in rehabilitation as a condition of continued or re-employment.

Developing a RTWA requires:

  • Coordination between the employee, employer, union, Employee Assistance Program and/or treatment professionals.
  • Compliance with the organization's policies and legal obligations, as well as medical recommendations.
  • Prior notification through company policy that a RTWA would be expected as a condition of continued employment.

View a Sample Return-to-Work Agreement.

Select the following option if you would like to include a RTWA in your policy statement:

Following a violation of the drug-free workplace policy, an employee may be offered an opportunity to participate in rehabilitation. In such cases, the employee must sign and abide by the terms set forth in a Return-to-Work Agreement as a condition of continued employment.

If you do not want to include a RTWA in your policy, make no selection.

You have completed Section 9 of the Policy Builder. You have 4 sections remaining.

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