Drug Free Workplace: How to Eliminate Employee Drug Abuse

2. Drug Free Workplace: How to Eliminate Employee Drug Abuse Sponsored by: Arkansas Workers Compensation Commission UALR Arkansas Small Business Development Center

3. DFWP Objectives • Start a drug Free workplace • Certify your drug free workplace • Increase productivity • Improve health

4. Why a Drug Free Workplace? Decrease • Absenteeism • Accidents • Downtime • Turnover • Theft • Premium Costs

5. 5 Standard Components • Written policy • Supervisor training • Employee education • Employee assistance • Drug testing.

6. Federal Drug Free Workplace Act • Federal grant • Federal contract valued over $25K • Subcontracts • Federal agency regulations

7. REQUIRED: Written policy Awareness program Employee consent Discloseconvictions NOT REQUIRED: Employee assistance program (EAP) Drug testing Federal Drug Free Workplace Act

8. Arkansas Rule 36 Purpose To promote voluntary drug-free workplaces Requirements • Notice • Education • Drug & Alcohol Testing

9. Tangible Costs Absenteeism Tardiness Insurance Claims Theft Accidents Turnover Intangible Costs Morale Needs Assessment Survey

10. Basic Written substance abuse policy Supervisor training Employee Education Basic + EAP Written substance abuse policy Supervisor training Employee education Employee Assistance Types of DFWP Programs

11. Basic + Drug Testing Written substance abuse policy Supervisor training Employee education Drug testing Certified DFWP Written substance abuse policy Supervisor training Employee education Drug/alcohol testing Employee Assistance Types of DFWP Programs

12. Notifying Employees & Applicants • Written Policy • 60 days elapse before effective date • Vacancy ads include notice • Post testing policy • Make policy available for inspection

13. Notice Requirements • Conditions of employment • Extent of testing • Consequences • Explain protections

14. Approval Process • Employer submits application annually • Commission notifies of acceptance or deficiencies • Employer provide acceptance form to insurer • Insurer may review Commission’s findings • Insurer reports employers qualifying annually to Commission

15. Appeal Process • Employer or insurer files written request • includes grounds for review • within 15 days of decision • Commission records all submissions • Commission decides within 15 days of request

16. 10 minutes Stand up and stretch… Get a drink of water… Swap business cards… Let’s Take a Break !

17. Required Testing • Job Applicant • Reasonable Suspicion • Routine Fitness-for-Duty • Follow-Up • Post-Accident

18. Job Applicant Testing • Must require for certification • May refuse to hire • May conduct limited testing • May test for alcohol or any drug.

19. Reasonable Suspicion Testing • Sample within 8 hours for alcohol • Sample within 32 hours for drugs • Document observations within 24 hours or before results are released • Provide written documentation on request • Retain documentation 1 year

20. Testing Procedures • Use approved Drug Testing Form • Use single specimen bottle (securely wrapped) • Use tamperproof sealing system • Identify only with a unique number • Use sealable shipping container • Use trained collection site person

21. Initial Laboratories Initial Specimens • Licensed/approved by ADH • Certified by USDHHS • Certified by College of American Pathologists and • Use US DOT procedures

22. Confirmation Laboratories • Certified by initial specimen authority and • Certified by Substance Abuse and Mental Health Services Administration or • Certified by College of American Pathologists

23. Employee Protection • Procedures to confidentially report use • Contest/explain results within 5 days • Reasonable opportunity to consult • Not discharged upon voluntary treatment • May contest test results

24. Employer Protection • Confirmed tests NOT disability • Discharges are “for cause” • May establish reasonable rules • Not prohibited from other tests

25. Substance Abuse EducationCertification Requirements Provide education materials which explain employer policies and procedures • Distribute to each employee prior to start • Distribute to each employee hired/ transferred • Provide written notice to employee organizations

26. Substance Abuse EducationRequired Contents • Identity of designated person for questions • Period of work-day compliance • Employee conduct prohibitied • Circumstances for testing • Detailed testing procedures

27. Substance Abuse EducationRequired Contents • Requirement for employees to submit • Explain refusal to submit and consequences • Consequences for violations • Substance abuse prevention information

28. Substance Abuse EducationCertificate of Receipt • Employee required to sign receipt • Employer maintain original of materials • May provide copy to employee

29. Training Supervisors Know program and policy Explain program to employees Know where to refer employees Understand supervision as a tool NOT expected to provide counseling • No attempt to diagnose • Refer for professional evaluation

30. Types of EAPs • Internal / In-house • Fixed-fee Contract • Fee-for-Service Contracts • Consortia • Peer-based Programs

31. Benefits of EAPs Assist with: • Policy development • Employee Education • Supervisor training Treatment for employees Assist in complying with DFWP laws

32. Locating an EAP • Join other employers in contracting an EAP • Call local hospitals • Contact local mental health professional • Ask insurance carrier • Talk with other employers

33. Arkansas DFWP Resources Arkansas Bureau of Alcohol and Drug Abuse Prevention Arkansas Workers Compensation Commission

34. National DFWP Resources American Council for Drug Education Drugs Don’t Work Partnership Employee Assistance Professionals Association National Clearinghouse for Alcohol and Drug Information Partnership for a Drug-Free America