How Does My Company Become A Drug Free Workplace In A “Legalization” Environment?

The use of drugs in the workplace is grounds for serious disciplinary actions including dismissal, administrative leave and employment termination. Drugs do not just cost people jobs but also their lives. Many employers have enforced written policies regarding use of drugs in the workplace. These policies are usually implemented by management and accepted by employees. Substance abuse in the workplace affects the user and the company. The habit increases the probability of an accident, lowers productivity and profits and increases insurance related costs.

Identification

Certain signs can identify workers who abuse drugs:

• Unexplained absenteeism
• Erratic work patterns
• Reduced productivity
• Sensitivity to criticism

Rights of the Employer on Substance Abuse

Employers have the right to prohibit use of drugs in the workplace. They also have a right to conduct periodic drug tests on employees and implement drug policies and disciplinary action on those who fail the tests.

Why Employers Implement Drug-Free Policies

To receive federal funding from a federal granting agency, a work environment must be drugs-free. However, there is no foolproof means of ensuring that workers are not abusing drugs except by administering drug and alcohol tests. This is not considered an infringement on their right to privacy or discrimination based on gender, race, color, creed or other characteristics.

Tests

Employers have the right to administer drug tests using hair, fluid, blood and urine samples from workers. Employers can also use the breath testing method on employees suspected to be drunk while working. Employers have the right to undertake the test randomly, before employment, after an accident, on reasonable suspicion and when employees return to duty.

With the legalization of Cannabis, various arguments have been raised against the enforcement of drug policies in the workplace. Central to these arguments is the issue of testing and whether or not it achieves its intended effect.

Reliability

Companies have developed many unproven methods of testing for drugs. Some of the methods have been found to produce false-positive results indicating drug use when none has occurred. One of the reasons for the false positives is shifting testing modalities unable to differentiate between illegal substances from the legal. This has made many people to call for the abolition of drug tests in the workplace considering the effects a false positive result can have in the life and profession of an employee.

Efficacy

Many researchers argue there is no proof that workplace drug testing is effective in improving productivity and performance. In fact, some suggest that it lowers staff morale and productivity.

Implementing a Drug-Free Workplace Policy

Even with all the challenges of drug testing, enforcing a drug-free workplace policy has been the concern of many companies. However, the process may be challenging to establish and even more difficult to enforce. There are many benefits of enforcing drug-free policies in the workplace. Drug-free companies are more productive and profitable. They are also less problematic. However, enforcing a drug-free policy in the workplace requires government support and back up.

• The policy should encompass everyone, be simple to understand and easy to follow. It should also specify if employees would be required to take drug tests.
• The policy should stipulate the measures to be taken in case an employee fails a drug test or is found distributing or selling drugs in the workplace.
• Employers should educate employees on the dangers of using drugs in the workplace through seminars and workshops, provide written materials on substance abuse in the workplace and hire a counselor to assist those struggling with a current drug problem. Engage employees so that they can enforce the drug-free policy on their own.
• Employers, who feel they have a bigger drug problem than they can handle, can contact appropriate authorities to deal with the issue. This step is especially important if the company has certain programs in place that require drug-free workplaces.