Facts you need to know about the Drug Free Workplace Act of 1988:
| Employers | Employees |
| Employers must certify to the contracting or granting agencies that they maintain a drug free work place by publishing (posted in employee handbook and on job sites) and administering specific drug free workplace policies and a drug awareness program. | Individuals who have drug problems may come forward under ADAAA to be protected as a disability; only if they have or are in a drug rehab program. |
| Applies to federal contractors with contracts of $25,000 or more. | No employment action can be taken on them once they are protected by ADAAA. |
| If you have a drug program at your company, you must train supervisors on how to tell if someone is intoxicated or on drugs at least once every 3 years. | Employees must notify their employer of criminal drug or alcohol conviction for a violation occurring in the workplace no less than 5 days after conviction. |
| Inform employees on 1) the dangers of drug abuse, 2) company policy, 3) any available drug counseling, rehab, or EAP programs offered. | Employees must communicate to their employer imposing a sanction of requiring satisfactory participation in drug abuse assistance or rehab program. |
The following items should be included in your employee handbook:
Define reasons for testing program.
- Pre-employment
- For cause
- Post accident testing
- Random testing
Policy should be publicly stated:
- in offer letters
- in employment ads
Demonstrate need and objectives of testing program:
- Consider nature of job.
- Obligation to maintain safe workplace.
- Prevention of negligence liability.
- Government contract program.
- Define who will screened.
- Define what drug related issues be reported to the authorities.
- Define when employee or applicants be subject to testing.
- Define what will happen if an employee or applicant refuses testing.
- Define which drugs are included in the testing and their limits.
- Define what action will be taken if employee or applicant tests positive.
- Define if an EAP program will be implemented to help.
Conduct supervisor and management training.
