Q. What are the elements of an effective, legal and fair employee drug policy?
A. That’s an excellent question more and more small businesses are asking. According to the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration, an estimated 6.5 percent of full-time and 8.6 percent of part-time workers are current illicit drug users.
The following information is excerpted from the U.S. Department of Labor’s information about drug-free workplace programs.
An
employee drug policy is typically one part of a larger drug-free workplace
program that consists of a clearly stated policy, supervisor training,
employee education, employee assistance and, in some cases, drug testing.
Having a policy is much more effective when it is supported by training
and education.
A written drug-free workplace policy is the foundation of the program. Every business’s policy should be unique and tailored to meet its specific needs. However, the policy should include:
• A statement of why the policy is being implemented.
The reason can be as simple as a company being committed to protecting
the safety, health and well being of its employees and patrons and recognizing
that abuse of alcohol and other drugs compromises this dedication.
• A clear description of prohibited behaviors.
At a minimum, this should include the following statement: “The
use, possession, transfer or sale of illegal drugs by employees is prohibited.”
• An explanation of the consequences for violating the
policy. They may include discipline up to and including termination
and/or referral for assistance. Consequences should be consistent with
existing personnel policies and procedures and any applicable state
laws.
Michigan has no specific regulations regarding private employers and workplace drug policies, although unionized workers have protections under federal law. Michigan Compiled Law 37.1211 established that employment policies, programs, procedures or work rules regarding the use of alcohol or the illegal use of drugs will not be considered to violate an individual’s civil rights.
Other advice from the U.S. Department of Labor regarding drug-free workplace programs:
• Include alcohol—the number one drug of abuse in the U.S.—in
your policy. Do not focus solely on illicit drugs.
• Focus the program on rehabilitation rather than on termination
of users.
• Do not be reluctant to confront employees on the basis of poor
performance.
• Do not overuse or rely solely on drug testing. The U.S. Dept
of Labor strongly recommends seeking legal counsel before using drug
testing or adding it to your employee policy.
• Do not restrict benefits and/or access to treatment of alcoholism
and addiction. Avoid insurers who restrict access to treatment programs.
For more detailed information visit the U.S. Department of Labor’s website (www.dol.gov/workingpartners/), which offers a “Working Partners” workplace kit for business owners.
Do you have a retailing question? Ask the Michigan Retailers Association
by mail: 603 South Washington Avenue, Lansing, MI 48933;
by fax: 517.372.1303;
by e-mail: mra@retailers.com.
