The Drug-Free Workplace Act: Compliance Basics
Programs aimed at health promotion and alcohol and other drug abuse prevention in the workplace are not new. Recent legislation, however, has reinforced the importance of the workplace in combating alcohol and other drug abuse. In 1986, the President signed an Executive Order mandating that all Federal agencies be drug-free. In 1988 Congress passed the Drug-Free Workplace Act, which requires Federal grantees and recipients of Federal contracts of $100,000 or more to comply with the following:
- The employer must have a written policy that explains what is prohibited and the consequences of violating the policy.
- Employees must read and consent to the policy as a condition of employment on the project.
- The employer must have an awareness program to educate employees about alcohol and other drug abuse and addiction, the employer’s policy, and available help, counseling, and assistance.
- Employees must disclose any conviction for a drug-related offense in the workplace to the employer within 5 days after such conviction.
- Employers must disclose any conviction for a drug-related offense in the workplace to the Federal agency with which the employer has a grant or contract within 10 days after receiving notice from the employee or others.
- Employers must make an ongoing effort to maintain a workplace free of drugs.
Drug-Free Workplaces: Other Elements
Many drug-free workplace programs go beyond having a policy and providing education about alcohol and other drug abuse. Some other options are listed below:
- Training for Supervisors, Stewards, Managers, and Business Agents. In larger workplaces, people in supervisory positions are often closest to employees; therefore, they are usually the best ones to be responsible for implementing the policy and increasing employee awareness about alcohol and other drugs. To do this, they will need the right knowledge and skills.
- Drug Testing. Drug testing may be required by Federal, State, or local regulations. Some employers choose to test even when it isn’t required. In some cases, testing is included in agreements between employers and unions.
- Employee Assistance or Referral Programs. In some cases it may be necessary to refer troubled employees for treatment or counseling. Increasingly, employers do this through an Employee Assistance Program (EAP). An EAP can help to connect troubled employees with counseling or treatment for alcohol, drug, and other problems. EAPs can also assist with related personal and family problems.
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