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September 24, 2008    DOL Home > OASP > Working Partners   
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Working Partners for an Alcohol- and Drug-Free Workplace.  Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.

Frequently Asked Questions

The following are frequently asked questions and answers on drug-free workplace issues. Each answer provides links to more detailed information about the topic found elsewhere on the Working Partners Web site. If your question is about drug testing and you do not find an answer on this page, you may want to visit the Drug Testing Frequently Asked Questions (FAQs) on the Substance Abuse and Mental Health Services Administration/Center for Substance Abuse Prevention’s Division of Workplace Programs Web site.

Drug-Free Workplace Issues

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What does it mean to be a drug-free workplace?

A drug-free workplace is a workplace free of the health, safety and productivity hazards caused by employees’ abuse of alcohol or drugs. To achieve a drug-free workplace, many employers develop drug-free workplace programs. A comprehensive drug-free workplace program generally includes five components—a drug-free workplace policy, supervisor training, employee education, employee assistance and drug testing. The U.S. Department of Labor’s (DOL) Working Partners program has a Web tool called the Drug-Free Workplace Advisor Policy Builder that can help you learn about these different components.

Although employers may choose not to include all five components, it is recommended that all be explored when developing a drug-free workplace program. Research shows that more components may lead to a more effective program. However, because every business is unique, there is no one right way to establish a drug-free workplace program.

I need help developing a drug-free workplace policy. Can you help?

Yes. The U.S. Department of Labor’s (DOL) Working Partners program has a Web tool called the Drug-Free Workplace Advisor Policy Builder that helps employers develop customized drug-free workplace policies. If you need to develop a drug-free workplace policy from scratch, this tool guides you through the different components of a comprehensive policy and then generates a policy statement based on your responses to pre-set questions and statements. You can then incorporate your organization’s name and logo and further modify the statement if needed. If your organization already has a drug-free workplace policy, you may want to use this tool to ensure it addresses all the issues that it should.

My boss and/or coworkers use drugs. What can I do?

First, it is important to note that the U.S. Department of Labor (DOL) does not regulate the area of workplace substance abuse. However, it recognizes that workplace alcohol or drug abuse is troubling and creates significant safety and health hazards. Such behavior can also lead to decreased productivity and employee morale. For these reasons, DOL’s Working Partners program encourages employers to have drug-free workplace programs.

If you believe there may be drug or alcohol abuse occurring at your workplace and you have access to an Employee Assistance Program (EAP), you may want to try to seek help through it. An employee assistance professional may be in a position to help develop a larger strategy for addressing this problem at your organization.

If there is illegal drug use, you may of course choose to contact your local law enforcement authorities or your closest Drug Enforcement Administration (DEA) field office. Also, if you have worksite safety concerns, you may choose to report this anonymously to your area Occupational Safety and Health Administration (OSHA) office.

What is required to be certified as a drug-free workplace? Do drug-free workplaces receive a workers’ compensation discount?

The U.S. Department of Labor (DOL) does not certify drug-free workplaces, nor does it regulate the area of workplace substance abuse. However, it recognizes that workplace alcohol and drug abuse creates significant safety and health hazards and can lead to decreased productivity and employee morale. Therefore, DOL’s Working Partners program encourages employers to develop drug-free workplace programs.

Some states have workers’ compensation laws that provide discounts to organizations that have drug-free workplace programs that include certain components, and as part of this process, they may provide drug-free workplace certification. For more information, visit the Working Partners Web site’s listing of state laws that impact drug-free workplace issues or contact your state Department of Labor’s Workers’ Compensation section.

Are searches allowed if an employee is suspected of having drugs in the workplace?

If there is reasonable suspicion of illegal activity occurring on company property, then certain types of searches may be allowable and appropriate action, but it is important to emphasize that DOL does not have regulatory authority over workplace searches or workplace substance abuse issues. Also, the issue of whether or not searches are allowed actually goes beyond the issue of workplace drug abuse, since searches may be conducted for other reasons.

Generally, if searches are to be allowed as part of a drug-free workplace program, it is very important that clear guidelines are set in a written drug-free workplace policy that is shared with all employees. Also, it is important to be aware of potential privacy concerns if employers choose to search anyone’s personal property.

Section 6 of DOL’s Working Partners program’s Drug-Free Workplace Advisor Policy Builder addresses the issue of searches somewhat, but because it is such a complex issue and many states and some cities have legislation prohibiting or limiting searches, it recommends that organizations “seek legal consultation as to the limitations in your location. If searches are to be a part of your program, it will be necessary to set clear guidelines in a separate document and train all supervisory and/or security personnel.”

Please note that the Drug-Free Workplace Advisor Policy Builder is intended to help organizations develop a comprehensive drug-free workplace policy. If you want to use the tool from the beginning to develop a policy or review the elements that need to be included in a policy, start at the Menu and select “Build a Drug-Free Workplace Policy” toward the bottom of the page. There are 13 sections in total.

Can an employer drug test? What are the laws in my state regarding drug testing?

First, it is important to note that the U.S. Department of Labor (DOL) does not regulate the area of workplace drug testing. However, it recognizes that workplace alcohol and drug abuse creates significant safety and health hazards and can lead to decreased productivity and employee morale. Therefore, DOL’s Working Partners program encourages employers to develop drug-free workplace programs, which may or may not include drug testing.

Generally, employers have a fair amount of latitude in handling drug testing as they see fit, unless their organization is subject to certain Federal laws (such as U.S. Department of Transportation drug-testing regulations). However, there may be state laws that impact how drug testing is implemented. For more information, visit the Working Partners Web site’s listing of state laws that impact drug-free workplace issues or contact your state Department of Labor.

DOL strongly recommends that before any drug-testing program is implemented, an employer have a written policy that is shared with all employees and clearly outlines why drug-testing is being implemented, prohibited behaviors and the consequences for violating the policy. DOL also recommends that if drug testing is used, it be only one component of a comprehensive program that also includes training for supervisors on signs and symptoms of substance abuse, education for employees about the dangers of substance abuse and some form of assistance or support for employees who may have problems with alcohol and other drugs.

You may obtain more information about drug testing from the Substance Abuse and Mental Health Services Administration (SAMHSA)/Center for Substance Abuse Prevention (CSAP)/Division of Workplace Programs (DWP) or the Drug and Alcohol Testing Industry Association (DATIA).

Can an employer drug test young workers?

As a general rule, if an employer can conduct drug testing, it can conduct drug testing of all employees, regardless of age. DOL’s Fair Labor Standards Act (FLSA)—the primary law that sets the rules governing the employment of workers under the age of 18—does not address drug testing. Therefore, the rules on this subject are the same for young workers as they are for adult workers.

In fact, the U.S. Department of Labor (DOL) does not regulate the area of workplace drug testing at all. However, it is important to note that there may be state laws that impact if and how drug testing can be implemented for any employees. For more information, visit the Working Partners Web site’s listing of state laws that impact drug-free workplace issues or contact your state Department of Labor.

You may obtain more information about drug testing from the Substance Abuse and Mental Health Services Administration (SAMHSA)/Center for Substance Abuse Prevention (CSAP)/Division of Workplace Programs (DWP) or the Drug and Alcohol Testing Industry Association (DATIA).

If you would like more information about the rules governing youth employment, such as the hours youth can work and the jobs they can perform, visit the FLSA Child Labor Advisor or YouthRules! Web site.

Who pays for a drug test? Does an employee have to be paid for time spent having a drug test?

First, it is important to note that the U.S. Department of Labor (DOL) does not regulate the area of workplace drug testing.

According to the Substance Abuse and Mental Health Services Administration (SAMSHA), an employer normally pays for a drug test. Also, time spent having a required drug test is generally considered hours worked (and thus compensable time) under the Fair Labor Standards Act (FLSA), which is a DOL regulation, for employees covered by the Act. These types of issues are overseen by DOL’s Wage and Hour Division. For more guidance, please contact your closest DOL Wage and Hour District Office.

What are an employer’s notification requirements prior to starting drug testing?

First, it is important to note that the U.S. Department of Labor (DOL) does not regulate the area of workplace drug testing. Generally, employers have a fair amount of latitude in handling drug testing as they see fit, unless their organization is subject to certain Federal laws (such as U.S. Department of Transportation alcohol and drug testing rules for employees in safety sensitive positions). However, there may be state laws that impact how drug testing can be implemented. For more information, visit the Working Partners Web site’s listing of state laws that impact drug-free workplace issues or contact your state Department of Labor.

DOL does strongly recommend that before any drug-testing program is implemented, an employer have a written policy that is shared with all employees and clearly outlines why drug testing is being implemented, prohibited behaviors and the consequences for violating the policy. DOL also recommends that if drug testing is used, it be only one component of a comprehensive drug-free workplace program that also includes training for supervisors on signs and symptoms of substance abuse, education for employees about the dangers of substance abuse and some form of assistance or support for employees who may have problems with alcohol and other drugs.

I take a prescription medication that may affect a drug test. Can I lose my job for taking it? Does my employer have a right to know what medication I am taking?

Because some prescription medications can affect an employee's ability to work safely, employers may have a legitimate interest in addressing them in their drug-free workplace policy. However, employers cannot discriminate in their hiring and firing practices based on an individual’s use of prescription medication for legitimate medical purposes. Such discrimination could be a violation of the Americans with Disabilities Act (ADA).

The ADA also prohibits an employer from asking disability-related questions unless they are job related and consistent with business necessity. Therefore, employers should not have a blanket policy requiring all employees to disclose prescription drug use. For more information about this issue, contact the Equal Employment Opportunity Commission (EEOC), which administers the employment provisions of the ADA.

Use of some prescription medications may result in a positive drug test. In this event, a Medical Review Officer (MRO) or other appropriate company personnel may inquire to determine if the employee has a legitimate medical explanation, such as a physician's prescription, for the result.

A drug test result may be considered personal health information. Thus, there may be restrictions on how and whether such information can be shared. This is why employees who take a drug test usually must sign a release in order for their employer to receive the results. For more information about this issue, contact the U.S. Department of Health and Human Services (HHS). This agency administers the Health Insurance Portability and Accountability Act (HIPAA), which dictates under what circumstances and to whom health information may be released. More information can be found on Office of Civil Rights HIPAA Web page.

How can I get a drug-free workplace poster?

The U.S. Department of Labor’s (DOL) Working Partners program offers posters that may be displayed to emphasize the importance of a safe, healthy and drug-free work environment. However, there is no Federal drug-free workplace poster requirement and the U.S. Department of Labor (DOL) does not regulate the area of workplace substance abuse.

I would like to conduct drug education in my workplace. Do you have materials I can use?

Yes. The U.S. Department of Labor’s (DOL) Working Partners program encourages employers to have drug-free workplace programs that include supervisor training on the signs and symptoms of alcohol and drug abuse and employee education on the dangers of alcohol and drug abuse and offers a variety of training and educational materials to help them do so.

I am looking for someone to come to my company to conduct employee education or supervisor training. Can you help?

The U.S. Department of Labor’s (DOL) Working Partners program does not offer onsite training. However, it does maintain lists of national and state and community organizations that may do so. Also, the Working Partners Web site has a variety of related training and educational materials that organizations may use to develop their own training programs, including ready-to-use supervisor training and employee education PowerPoint® presentations. All of these materials may be reproduced and distributed without permission from DOL, and organizations are free to incorporate their names and/or logos on them.

Do you offer educational workshops for employers on how to develop drug-free workplaces?

The U.S. Department of Labor’s (DOL) Working Partners program does not conduct such workshops; however, it does maintain lists of national and state and community organizations that may do so. Another helpful resource might be your local or state chamber of commerce or some other form of business organization or employer forum. Also, the Working Partners Web site has a variety of related training and educational materials that may be useful for anyone developing such programs.

I work for a community organization that wants to encourage businesses to conduct prevention education in their workplaces. Do you have materials that might help?

The U.S. Department of Labor (DOL) encourages community-based organizations to work with their local businesses to conduct prevention in their workplaces, and its Working Partners Web site has a variety of materials, such as brochures, presentations, articles and fact sheets that may assist them in doing so. Also, organizations wishing to actually assist businesses in developing drug-free workplace policies and programs can do so easily and quickly by using the Drug-Free Workplace Advisor Policy Builder.

I am in treatment for or recovery from addiction and need help finding a job. Can you help?

There is a nationwide network of places, sometimes called “One-Stop Career Centers,” that help people looking for work find out about jobs in their local communities. Contact details for the one closest to you can be obtained by visiting America's Service Locator or calling 1-877-US-2-JOBS. You may also be able to find out about job opportunities through your treatment facility and/or any recovery support groups to which you may belong.

One of my employees has a drug problem. What are my options?

Generally, unless they are covered by certain regulations (such as the Department of Transportation’s alcohol and drug testing rules for employees in safety-sensitive positions) employers have a variety of options for how to deal with an employee who has an alcohol or drug problem. It is important to note that the U.S. Department of Labor (DOL) does not have regulatory authority over such issues. However, it does recommend that all employers have a written drug-free workplace policy that is shared with all employees and clearly outlines expectations regarding alcohol and drug use.

If your organization already has a drug-free workplace policy, your first step should be to review it to see if it provides any guidance as to your options. (If your company does not have a drug-free workplace policy, we recommend you develop and implement one. DOL’s Working Partners Web site has a tool called the Drug-Free Workplace Advisor Policy Builder that helps employers develop such policies. Having such a policy will help in any future similar situations.)

Also, if your organization has an employee assistance program (EAP), the employee in question should be referred to it by a supervisor or someone else in an appropriate position to do so based on observed and documented performance problems, if this has not already occurred.

Employers may take disciplinary action (up to and including dismissal) based on job performance problems that may be the result of an employee’s alcohol or drug abuse. However, it is critical to document such problems and any actions taken. Also, employers may offer help to employees with related problems (i.e., perhaps time off to seek treatment and a return-to-work agreement) in lieu of termination. Of course, it is the employee’s choice as to whether or not they accept this help. While exploring your options, you may also want to read about substance abuse issues under the Family and Medical Leave Act (FMLA), a DOL regulation.

Finally, the Working Partners Web site has information to help employers ensure their workplace is friendly to individuals in recovery from substance abuse disorders. This information may help you take steps to ease the transition back to work for this individual or any other employees with a history of substance abuse.

I have a problem with alcohol or drugs and need help. What should I do?

There are a number of organizations that can help you figure out what to do if you believe you need help for an alcohol or drug problem. The Substance Abuse and Mental Health Services Administration (SAMHSA) has a special Treatment Locator Web site and toll-free phone number (1-800-662-HELP) dedicated to helping individuals locate drug and alcohol abuse treatment programs in their communities. DOL’s Working Partners Web site also lists a number of other helplines that provide free, confidential assistance to individuals who have, or know someone who has, an alcohol or drug problem.

Does the Drug-Free Workplace Act of 1988 apply to my company?

The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency. All organizations covered by it are required to take certain steps, such as publishing and providing a drug-free workplace policy statement to all covered employees and establishing a drug-free employee awareness program. There are also notification requirements regarding if an employee is convicted of a criminal drug violation in the workplace. The Drug-Free Workplace Act of 1988 does not require drug testing.

The U.S. Department of Labor (DOL) does not administer the Drug-Free Workplace Act of 1988; however, its Working Partners program’s Drug-Free Workplace Advisor assists organizations in determining if they are covered by it and understanding its requirements. This tool also has a policy development section that can help those covered by the Act develop their drug-free workplace policies.

I have a question about U.S. Department of Transportation (DOT) alcohol and drug testing requirements. Can you help?

The U.S. Department of Labor (DOL) is not involved in administering DOT’s alcohol and drug testing requirements. For more information on these requirements, please contact the DOT’s Office of Drug and Alcohol Policy and Compliance.

I am in recovery from addiction and feel I am being discriminated at work because of this. Are there protections in place to help me?

Under certain circumstances, someone with a history of alcoholism or drug addiction may be considered a qualified individual with a disability under the Americans with Disabilities Act (ADA) and other Federal non-discrimination statues. The U.S. Department of Labor’s (DOL) Working Partners Web site has a page with information about substance use disorders under the ADA.

Please note, however, that the ADA is not a law administered by DOL. It is overseen by the U.S. Department of Justice, with a number of different Federal agencies having responsibilities under it. A special ADA Web site provides more detailed information about the law, including how to file a complaint if appropriate.

If the discrimination you feel you are experiencing has to do with not being allowed time off from work to seek assistance with maintaining your sobriety, you may also be interested to read about substance abuse issues under the Family and Medical Leave Act (FMLA), which is a DOL regulation. The Working Partners Web site has a page with information about substance use disorders under the FMLA.

Finally, you may also be interested to know that the Working Partners Web site also has information intended to help employers understand the basics about addiction, treatment and recovery and how individuals in recovery from addiction can be valued, reliable employees and community members. It also has information to help employers ensure their workplace is friendly to individuals in recovery from substance abuse disorders.

I am an employer and have been asked to provide information about the results of an employee’s or ex-employee’s drug test. Can I do this?

First, it is important to note that the U.S. Department of Labor (DOL) does not regulate the area of workplace drug testing.

The result of a drug test may be considered personal health information. Consequently, there may be restrictions on how and whether such information (as well as other information related to an employee’s history of alcohol or drug use) can be shared with others. This is why employees who undergo a drug test generally must sign a release (usually at the time of the test) in order for their employer to receive the results.

For more information about issues related to the release of health information, contact the U.S. Department of Health and Human Services (HHS). This agency administers the Health Insurance Portability and Accountability Act (HIPAA), which dictates under what circumstances and to whom health information may be released. More information can be found on HHS’s Office of Civil Rights HIPAA Web page.

Please note that there are special guidelines for employers covered under the U.S. Department of Transportation’s drug-testing regulations. For guidance, visit DOT’s Office of Drug and Alcohol Policy and Compliance Web site. In particular, see the document titled What Employees Need to Know about DOT Drug and Alcohol Testing.

For more information about drug testing in general, you may want to contact the Substance Abuse and Mental Health Services Administration (SAMHSA)/Center for Substance Abuse Prevention (CSAP)/Division of Workplace Programs (DWP) or the Drug and Alcohol Testing Industry Association (DATIA).

Can an employee who was terminated for violating a drug-free workplace policy collect unemployment insurance?

Some states laws limit the unemployment insurance benefits available to unemployed individuals whose terminations was based on the results of a drug test. For more information, visit the Working Partners Web site’s listing of state laws that impact drug-free workplace issues or contact your state Department of Labor’s Unemployment Insurance section. You may also be able to get assistance with this issue from a local “One-Stop Career Center.” Contact details for the ones closest to you can be obtained by visiting America's Service Locator or calling 1-877-US-2-JOBS.

Do you have statistics on drug use in the workplace? How about drug abuse in general?

The U.S. Department of Labor’s (DOL) Working Partners Web site has some general and industry-specific statistics about workplace substance abuse. You may be able to find additional or updated data on the Work, Employment, and Workplace Drug Policies topic page on the Substance Abuse and Mental Health Services Administration’s (SAMHSA) Web site and the Drug-Free Workplace section of the Office of National Drug Control Policy’s (ONDCP) Web site. For statistics about drug abuse in general, not necessarily workplace related, contact SAMHSA’s Office of Applied Studies.

There is a problem with second-hand smoke in my workplace. What can I do?

The U.S. Department of Labor (DOL) does not regulate the area of drug-free workplaces or issues relating to tobacco in the workplace. However, it recognizes that smoking in the workplace can be problematic.

As a general rule, employers have latitude to prohibit smoking in their workplaces. One option may be to discuss the problem with your organization’s Human Resources manager or a supervisor who may be in a position to develop a strategy for addressing this health issue organization wide.

 

 



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