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An essential part of a drug-free workplace is providing assistance or support to employees who need it. Employee Assistance Programs (EAPs) are considered by OSHA the most effective way to address poor job performance that may stem from personal problems involving substance abuse.
If you have a reasonable suspicion of an employee's drug use, so long as you follow your state's laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.
What is a "Drug Free Workplace?" It is an employment setting where all employees adhere to a program of policies and activities designed to provide a safe workplace, discourage alcohol and drug abuse and encourage treatment, recovery and the return to work of those employees with such abuse problems.
It is an employment setting where all employees adhere to a program of policies and activities designed to provide a safe workplace, discourage alcohol and drug abuse and encourage treatment, recovery and the return to work of those employees with such abuse problems.
Asking About Legal Drug Use The EEOC memo says that you can't ask employees about prior or present legal drug use, unless the question is innocuous and won't bring out information about a disability.
At a minimum, this should include a statement such as, "The use, possession, transfer or sale of illegal drugs by employees in the workplace is prohibited." Explain the consequences for violating the policy. These may include discipline up to and including termination and/or referral for assistance.
The Drug-Free Workplace Act of 1988 (41 U.S.C. 81) is an act of the United States which requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.
How to Enforce a Drug Free Workplace ProgramDraft a Written Policy.Train Supervisors.Educate Employees.Provide Information for Employees to Get Help.Perform Drug Tests.Provide Feedback on the Status of the Program.Inform Prospective Employees About Drug-Free Policies Right Away.
The Americans with Disabilities Act (ADA) restricts what employers can ask about use of drugs prescribed for you. The ADA applies to all employees. use, before they offer a job to the applicant.
Effective employee education programs provide company-specific information, such as the details of the drug-free workplace policy. They also include general information about alcohol and drug addiction, its impact on work performance, health and personal life, and the types of help available.