Last updated : November 11, 2024
There are many risks involved when employees come to work under the influence of legal or illegal drugs. As an employer, you are liable for the accidents and mistakes of your employees who are under the influence of drugs or alcohol.
Substance abusers account for sixty-five percent of all on the job accidents, and forty percent of workplace injuries. Did you know that seventy percent of all drug users are employed? These employees cost employers an estimated $75-$100 billion each year in accidents, lost time, workers’ compensation and health care.There are obvious benefits to enforcing a formal drug policy in your company. Hundreds or even thousands of dollars can be saved annually when all employees are drug free. A company drug policy is more important than ever now that marijuana is being legalized in several states. Now not only is alcohol easily accessible to employees, but since they can now legally purchase cannabis, there is a higher likelihood that you may have an employee working under the influence of a legal drug.Another concern for employers is the fact that many employees also abuse prescription drugs. In a five year period, forty-nine percent of all drug related deaths were caused by prescription drugs. There are now people who have medicinal marijuana cards and may think that they cannot be fired for using cannabis as a prescribed drug. However, under federal law if your company has a drug policy in place and any employee tests positive for marijuana, whether they have a medicinal card or not, they can be subject to disciplinary action.
Many states now have a program in place to assist companies in becoming a drug free workplace. In these states, if a business qualifies as a state recognized drug free workplace, they may receive a discount on their workers’ compensation insurance policy.
The first step in becoming a drug free workplace is to plan and develop your company policy. You may contact your State Board of Workers’ Compensation to obtain a copy of your state’s requirements in becoming a drug free workplace. Prior to testing, you are required to provide each employee with a copy of the company’s drug free workplace policy. Thereafter, you will be required to supply all job applicants with a copy of the policy.
You may initially choose to give employees who have a positive test result a second chance. Many companies allow a supervisor referral to an Employee Assistance Program so that the employee can obtain help with their addiction and then they will be tested at a later date to see if the EAP has worked. If the employee still tests positive for drug use, they may then be terminated. Some companies, however, only give employees one shot to pass a drug test.
It may seem that drug testing is an added expense at first, but you will find that the cost of drug testing will be far less than the liability of having employees working under the influence of drugs. Recent studies have shown that accidents, sick days, injuries and workers’ compensation claims have decreased over ninety percent in companies that have a formal drug policy in place. Instead of thinking “We can’t afford to test for drugs”, it will pay to think “We can’t afford not to test for drugs”!
