Writing, explaining, and distributing a drug and alcohol testing policy is one of the most important steps when implementing your company’s substance abuse testing program. Your policy outlines the company’s drug-free position, your expectations of your employees, and steps you will take if the company policy is violated.
The policy establishes ground rules for your testing program and lets each employee know that your company is committed to a drug and alcohol-free workplace.
NTA can help you establish your substance abuse company policy.
Legal Considerations
When developing your company policy, the following are some of the legal aspects which must be considered:
- DOT Regulations
- State Drug Testing Laws
- Invasion of Privacy Laws
- Defamation Laws
- State Handicap Discrimination Laws
- Family and Medical Leave Act
- Unemployment Compensation Laws
- Workers’ Compensation Laws
As with any legal document, it is always recommended that your company attorney review and approve your policy.
What Your Policy Must Include
- The identity of the person designated by the employer to answer driver questions about the materials.
- The categories of drivers/employees who are subject to the testing regulations.
- Sufficient information about the safety-sensitive functions performed by those drivers/employees to make clear what period of the work day the driver/employee will be required to be in compliance.
- Specific information concerning prohibited driver/employee conduct.
- Circumstances under which a driver/employee will be tested for alcohol and/or controlled substances.
- The procedures that will be used to perform testing, protect the driver/employee and the integrity of the testing process, safeguard that the correct results are attributed to the correct driver/employee.
- Statements regarding the requirements that a driver/employee submit to testing as per the regulations.
- Explanation of what constitutes a refusal to test and the consequences of a refusal.
- Consequences for drivers/employees that violate specific prohibitions of the policy, including the requirement that drivers/employees be immediately removed from safety-sensitive functions.
- The consequences for drivers/employees found to have an alcohol test result of .02 or greater, but less than .04.
- Information concerning the effects of alcohol/controlled substance use on a person’s health, work, and personal life; signs and symptoms of a substances abuse problem, and available methods of intervening when a substance abuse problem is suspected.