Regardless of the size of a company, there are key elements that should be included in an alcohol and drug policy:
- Express the need for a safe and productive work environment.
- Communicate that the policy covers all persons including owners and exempt and non-exempt employees.
- Employees are expected to perform their assigned duties, free from the effects of alcohol and drugs.
- Any involvement with alcohol/drugs, including prescription drugs, that adversely affects the workplace will not be tolerated and could result in the immediate termination of employment.
- Any off-the-job illegal drug activity or alcohol abuse that could have an adverse effect on an employee’s job performance or that could jeopardize the safety of others will not be tolerated and could result in the immediate termination of employment.
- The use, possession and sale of alcohol and illegal drugs (define “illegal drugs” as those which are not legally obtainable and drugs which are legally obtainable but have been obtained illegally) are prohibited and could result in the termination of employment.
- The option to conduct random and periodic drug and alcohol testing. If the employer requires testing, make sure there is a business necessity and outline the reasoning for such testing.
- Outline the procedures related to the alcohol and drug testing process; state whether the testing will be on a random or chance basis.
- Mention the availability of an Employee Assistance Program, if applicable.
- State the adverse employment actions that can be taken based on a positive drug or alcohol impairment test, or on the refusal of an employee or prospective employee to provide a sample.
- Distribute the policy to every employee and have employees sign an acknowledgment of receipt of the policy.
- Advise prospective employees in writing of your drug and alcohol testing policy as it relates to the hiring process, including who pays for the testing.
- State whether the employee shall have the right to obtain the written test results and whether they shall have the right to explain a positive test result.
- State that the tests and results will be kept confidential.
