How to Create a Legally Sound Substance Abuse Policy
Bottom Line on Top: Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot be tolerated isn’t so much that it’s illegal, but because it renders employees unfit to do their job. In addition to undermining the productivity you’re entitled to expect from your employees, this unfitness for duty may pose a health and safety dangers to not only the employee who’s high but others in the lab. Here are 14 things to include in your Substance Abuse and Fitness for Duty Policy, along with a Model Policy you can adapt for your own use. Policy Statement Set the tone by stating that workplace substance abuse creates a safety risk and won’t be tolerated. But while laying the legal groundwork for discipline, you should also acknowledge that substance abuse is a health issue and that getting employees the help they need is your ultimate goal [Policy, Sec. 1]. Statement of Purpose Clarify […]
Bottom Line on Top:
Make it all about fitness for duty, rather than zero tolerance
Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot be tolerated isn’t so much that it’s illegal, but because it renders employees unfit to do their job. In addition to undermining the productivity you’re entitled to expect from your employees, this unfitness for duty may pose a health and safety dangers to not only the employee who’s high but others in the lab. Here are 14 things to include in your Substance Abuse and Fitness for Duty Policy, along with a Model Policy you can adapt for your own use.- Policy Statement
- Statement of Purpose
- Policy Scope
- Definition of “Fit for Duty”
- Narcotics and illegal drugs;
- Marijuana, whether used or obtained legally or illegally; and
- Legal prescription and over-the-counter medications and drugs that cause or have the potential to cause impairment and render an employee unfit for duty
- Employees’ Duties
- No Exemption for Legal Marijuana
- Statement of Support
- Encourage Self-Reporting
- Fitness for Duty Medical Assessments for Safety-Sensitive Jobs
- Investigation Procedures
- Complaints, concerns or reports of substance abuse;
- Declining performance;
- Erratic behavior;
- Involvement in safety incidents including near misses;
- Arrests for impaired driving, drug offenses and similar violations; and
- Other indications of substance abuse issues or unfitness for duty
- Alcohol & Drug Testing Procedures
- Pre-employment testing;
- Random testing; and
- For-cause testing, e.g., after safety infractions or incidents.
- Privacy of Test Results
- Response to Violations
- Acknowledgment of Employees’ Accommodation Rights
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