Opioid crisis: Employers must act

By William J. Hallan, MRA Executive Vice President, COO and General Counsel

Like the rest of the country, Michigan is having an opioid crisis. The number of opioid prescriptions is increasing, as are opioid related deaths and overdoses. Here are some shocking statistics from the Michigan Department of Health and Human Services:
• From 1999 to 2016 the total number of overdose deaths involving any type of opioid increased more than 17 times in Michigan.
• In 2015, there were 11.4 million prescriptions for painkillers written in Michigan. That equates to 115 opioid prescriptions per 100 people.
• In 2016, 2,335 Michiganders died from drug overdoses.

The Michigan legislature has taken a number of steps to deal with the crisis. At the tail end of 2017, a 10-bill package was signed into law that, among other things, requires doctors to utilize an online prescription tracking system, limits the numbers of pills dispensed in a given seven-day period, and expands treatment options for Medicaid recipients in need of addiction help.

While a move in the right direction, many employers are wondering what steps, if any, they can take to protect their employees and maintain a safe workplace. This article serves as a follow-up to my October 2017 column on marijuana, which encouraged employers to consider adopting a drug-free policy.

To assist its workers’ compensation policyholders, Retailers Insurance Company developed a model Drug-Free Workplace Policy that employers can adopt for their own use. Not only does the policy help employers establish guidelines for a drug-free workplace, but it also qualifies RIC workers’ compensation policyholders for a 5 percent premium credit on their policy. While RIC policyholders aren’t required to adopt the model policy to receive the credit, and can adopt their own policy, we’ve tried to make the job easy.

The goal of the model policy is to balance individual employee privacy with the employer’s need for a safe, productive and drug-free environment. Thus, the policy has many elements, such as identifying prohibited activities (e.g., consuming drugs at work), setting forth testing procedures (e.g., testing for job applicants, reasonable-suspicion testing), and establishing actions the employer may take upon a violation (e.g., termination, denial of workers’ compensation benefits). It also addresses how employees should report their use of prescription medication and provides guidance for employers that wish to adopt an employee assistance program.

With an opioid epidemic crossing the nation, employers should not be paralyzed with inaction. Establishing guidelines that are clearly communicated and uniformly administered can help keep you, your employees and your workplace safe.

Members of Michigan Retailers Association and policyholders of Retailers Insurance Company can obtain a copy of the model policy from Laura Schilling, Director of Underwriting for RIC at lschilling@retailers.com.