Safety and Health in
|| Frequently Asked Questions
Employers can protect their businesses from the negative effects of
substance abuse in the workplace by developing drug-free workplace programs
that educate employees about the dangers of alcohol and drug abuse and
encourage individuals with related problems to seek help. The U.S. Department of Labor's (DOL) Working Partners for
an Alcohol- and Drug-Free Workplace Web site provides employers with free resources and tools to help
establish and maintain such programs in order to help protect worker safety and
health. However, drug-free workplace programs are not required by any DOL laws or regulations, and DOL does not administer the Drug-Free Workplace Act of 1988.
- Working Partners for an Alcohol- and
Drug-Free Workplace - A U.S. Department of Labor initiative that raises
awareness about the impact drugs and alcohol have on the workplace and provides
information on how to establish drug-free workplace programs that protect
worker safety and health.
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. This Act is not administered by DOL, but rather by federal agency heads in accordance with the Federal Acquisition Regulation and applicable agency procedures.
with Disabilities Act (ADA) and Rehabilitation Act of 1971 - 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 the Rehabilitation Act of 1973 (Rehab Act). These Acts prohibit discrimination against employees and applicants with disabilities by covered organizations. The Equal Employment Opportunity Commission (EEOC) administers and enforces the relevant section of the ADA, while DOL’s Office of Federal Contract Compliance Programs (OFCCP) has authority over Section 503 of the Rehab Act.
- Occupational Safety and Health
Administration (OSHA) - Although not required by its regulations, OSHA, the DOL agency charged with assuring the safety and health of America’s workers, strongly supports comprehensive drug-free workforce programs, especially within certain workplace environments, such as those involving safety-sensitive duties like operating machinery. OSHA created a Workplace Substance Abuse Safety and Health Topics page to provide information on the value that drug-free workplace programs add to safety and health as well as links to resources to assist in implementing such programs.
- Fair Labor Standards Act (FLSA) - Whether or not time spent taking a drug test must be paid time and whether or not an employee can pay for the drug test is subject to the FLSA, the federal labor law that establishes minimum wages, overtime pay, record keeping and child labor standards for private sector and state and local government workers. The FLSA is administered and enforced by the DOL Employment Standards Administration's Wage and Hour Division (WHD).
of National Drug Control Policy (ONDCP) - The principal purpose of Office of the
National Drug Control Policy is to establish policies, priorities, and
objectives for the nation's drug control program, the goals of which are to
reduce illicit drug use, manufacturing, and trafficking; drug-related crime and
violence; and drug-related health consequences.
- Substance Abuse and Mental Health Services Administration (SAMHSA) – Provides information about the Federal government’s drug-free workplace program and guidance for employers on drug-testing procedures and technologies, as well as other drug-free workplace issues.
- U.S. Department of Transportation's (DOT) Office of Drug and Alcohol
Policy and Compliance (ODAPC) - ODAPC provides expert advice to industry representatives
regarding implementation of the controlled substances and alcohol testing
Institute on Drug Abuse (NIDA) - The mission of the NIDA is to lead the nation in using the power of science to combat on drug abuse and
- Office of the Assistant Secretary for Policy
Working Partners for an Alcohol- and Drug-Free Workplace
200 Constitution Avenue, NW
Washington, DC 20210
Tel: 1-866-4-USA-DOL (1-866-487-2365), or 202-693-5919
- For questions on DOL laws,
please call DOL's
Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English
and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time.
Additional service is available in more than 140 languages through a
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol
for Compliance Assistance Inquiries, information provided by a telephone caller
will be kept confidential within the bounds of the law. Compliance assistance
inquiries will not trigger an inspection, audit, investigation, etc.