Frequently Asked Questions

What is a "Drug-Free Workplace?"

What Are the Characteristics of an Effective, Comprehensive Drug-Free Workplace Program?

What Are the Components of a Comprehensive Drug-Free Workplace Program?

Why Should An Employer Establish a Comprehensive Drug-Free Workplace Program?

What Issues Should be Covered In a Drug-Free Workplace Policy?

Benefits and costs?

Legal Issues???

What about my Charter of Rights?

What is a "Drug-Free Workplace?"

It is an employment setting where all employees adhere to a program of policies and activities designed to provide a safe Workplace, discourage alcohol and drug abuse and encourage treatment, recovery and the return to work of those employees with such abuse problems.

What Are the Characteristics of an Effective, Comprehensive Drug-Free Workplace Program?

• Active, visible leadership and support of the program by the employer
• Clear, written Drug-Free Workplace policies and procedures that are applied uniformly
• Employee and union involvement in program development of the program
• Management, supervisors, unions representatives and employees who are knowledgeable about their roles, rights and responsibilities under the Drug-Free Workplace policy
• Access to treatment and follow-up for employees who are having abuse problems
• Methods of identifying alcohol and drug abusers, including drug testing, for the purpose of providing the opportunity for treatment, recovery and the return to work

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What Are the Components of a Comprehensive Drug-Free Workplace Program?

The "Drug-Free Workplace" is a more recent term and concept introduced by the Federal government's policy for its employees in 1986 and promulgated in the private sector by the President's Drug Advisory Council. A comprehensive approach to having a Drug-Free Workplace would include:

• A written policy
• Access to assistance
• Employee education
• Supervisor training
• Drug testing

Supported by public opinion, legislation and regulation of safety-sensitive industries in the late 1980s and early 1990s, the Drug-Free Workplace concept was adopted and promoted by national, State and local organizations of employers and business executives. Some unions adopted it as well and undertook hiring hall drug testing of their members and provided "Drug-Free worker" identification. Written policies assure that all employees have the same understanding of their rights and responsibilities under the program, and that employers administer the program uniformly among all employees.

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Why Should An Employer Establish a Comprehensive Drug-Free Workplace Program?

Current research indicates that nearly seventy-five percent of illegal drug users are employed in full and part-time jobs. Consequently, when the effects of alcohol abuse are added, the result is a large impaired portion of the national workforce. For the typical employer, that means unhealthy employees, unsafe working conditions, loss of productivity, smaller profits, more accidents, higher medical claims expenses, and a host of other negative effects for the employer and the employees.

Today, there a number of reason why employer and unions establish Drug-Free Workplace programs. Among the leading reasons are:

• Compliance with law or other regulations
• Qualification for insurance discounts, rebates and other incentives
• Prevention of associated problems, e.g., absenteeism, accidents, injuries, productivity loss
• Response to an incident or pattern of substance abuse
• Expression of support for the majority of employees who do not abuse alcohol or drugs
• Investment in worker health, safety, and family stability - Marketing of Drug-Free workers and services

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What Issues Should be Covered In a Drug-Free Workplace Policy?

It is beneficial to both the employer and the employees to have a program and policies designed to reduce and eliminate the negative effects of alcohol and drug abuse and provide a safe Workplace. The employer should provide a written policy that

• Explains why the product or service provided is inconsistent with employee alcohol and drug abuse;
• Provides information about the dangers of alcohol and drug abuse;
• Spells out what kind of assistance will be provided to substance abusers who voluntarily report their abuse problems or have been identified as a drug or alcohol abuser through other means;
• Spells out the roles, rights and responsibilities for employees and supervisors under the program;
• Describes the sanctions which will apply for violations of the polices;
• Assures personal privacy and dignity in reaching the goal of a Drug-Free Workplace.
• In addition, the written policy should include provisions for training supervisors on their role in the program
• And drug testing, if necessary, on a carefully controlled and monitored basis. If the policy will include testing, it should specify the nature, frequency, and type of testing that will be included. It should also include the identification of the drugs for which employees will be tested.

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Benefits and costs?

Drug-Free Workplace programs, like any policy involving upfront costs and investments in employee benefits, are often subject to cost analysis review in addition to program evaluation . The costs of alcohol and drug abuse both in the Workplace and in society at large, though complex to compute, are periodically estimated and the numbers are always alarmingly large. Employers, unions, and employees generally expect that sound Drug-Free Workplace programs will yield a return on the investment and a reduction of costs of many types:

• Administrative losses, e.g., absenteeism, tardiness, overtime pay, sick leave abuse, health insurance claims, disability payments, and costs associated with accidents

• Hidden losses, e.g., diverted supervisory and managerial time, friction among workers, material waste, equipment damage, poor decisions, damage to public image, and costs associated with turnover and premature death

• Losses with legal implications, e.g., Workers' Compensation, drug trafficking on the job, disciplinary actions, grievances, threat to public safety, and worksite security

• Costs of health and mental health care services

Assure Lab Works prices different programs according to what the employer requires. It is best to start a program as soon as possible, and expand its scope as the program evolves.

We find that a pricing structure using “cost per employee per month” is the most acceptable way of pricing a program.

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Legal Issues???

Drug-Free Workplace programs, and particularly their drug testing provisions, have been the subject of numerous lawsuits over the past decade. In the public sector, these have involved questions of the right to privacy, the Constitutional freedom from unreasonable searches by the government when an agency acts as an employer, and due process. All employers, even those with well-intentioned programs, can face court challenges to their Drug-Free Workplace policy based on questions of negligence (negligent hiring, supervision, libel, and slander), contract law, and discrimination (racial, sexual, and disability).

Consulting with an attorney experienced with labor and employment matters in your province is always the best course of action to take before implementing a Drug-Free Workplace program. There are, however, some general "rules of the road" that can help you avoid mistakes and lessons learned the hard way by others.

Do:

• Become familiar with common symptoms of drug use.
• Assume that no one in your organization is immune to the problem of drug and alcohol abuse.
• Know your employees. Become familiar with each one's skills, abilities, and normal performance.
• Document job performance regularly, objectively, and consistently for all employees.
• Keep written records that objectively document the performance of troubled employees. These can be used as a basis for referral for to the employee assistance program and/or for testing.
• Take action whenever job performance fails, regardless of whether drug or alcohol use is suspected.
• Know the exact steps to be taken when an employee has a problem and is ready to seek help.
• Obtain appropriate advice when a problem is identified or suspected, and have a witness to any actions when confronting an employee.

Don't:

• Misuse the Drug-Free Workplace program to discipline employees for unrelated problems.
• Single out any employee or group of employees for scrutiny under the policy. Be consistent in your actions with all employee groups or classes.
• Confront a suspected drug dealer [or user] alone. Always have a witness.
• Implement a verbal policy. An effective policy must be written, circulated, and acknowledged in writing by employees in order to have strong legal standing.
• Treat employees who test positive differently. All employees who test positive must be treated consistently to maintain the integrity of the program.
• Take action against employees based on the results of a drug screen only. Always obtain the results of a gas chromatography/mass spectrometry (GC/MS) confirmation test before taking action.
• Offer rehabilitation selectively.
• Address drug abuse without including alcohol abuse in the policy.
• Implement a policy and program unilaterally if the workforce is represented by a union. The National Labor Relations Act requires that terms and conditions be included in your bargaining agreement and a drug program falls into that requirement.

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What about my Charter of Rights?

This is probably the most often asked question about drug testing. The facts are, there is little Charter law in the area of employee drug testing.

The Canadian Charter of Rights and Freedoms applies only to the law and actions of the federal and provincial governments and their agencies. It does not apply to the policies and actions of private employers. The Charter therefore does not protect private sector employees from unreasonable drug testing.

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