What to do if an employee admits to drug use?

If an employee admits substance abuse, you may request:

1. A substance abuse assessment (SAP) of the employee.
2. Compliance with SAP recommendations relating to abstinence, education, counseling, rehabilitation, treatment or aftercare.
3. If legally permitted, you can require return-to-duty or follow-up testing.

Which employers must comply with the drug Free workplace Act?

Yes. California’s Drug-Free Workplace Act of 1990 requires every employer who is awarded a contract or a grant for the procurement of any property or services from any state agency to certify to the contracting or granting agency that it will provide a drug-free workplace by publishing a statement notifying employees …

Is drug addiction a disability under ADA?

Only individuals who are addicted to drugs, have a history of addiction, or who are regarded as being addicted have an impairment under the law. In order for an individual’s drug addiction to be considered a disability under the ADA, it would have to pose a substantial limitation on one or more major life activities.

Can you ask an employee if they have a drug problem?

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.

What are some reasons an employee may want to use drugs at work?

Drug testing and educational programs have been proven to provide benefits such as:

• Increased morale.
• Decreased workplace accidents.
• Reduced employee theft.
• Increased productivity.
• Reduced employee turnover.
• Decreased cost of insurance, such as workers’ compensation.

What is the federal Drug Free Workplace Act?

On November 18, 1988, Congress enacted the Drug-Free Workplace Act requiring Federal agency contractors and grantees to certify that they will provide a drug-free workplace as a pre-condition of receiving a contract or a grant from a Federal agency after March 18, 1989.

Does Drug Free Workplace mean random?

This type of testing might include pre-employment drug testing or random testing where employees might be selected to submit a 5-panel drug test or 10-panel drug test. While laws can vary from state to state, it’s clear that the answer to “does drug free workplace mean drug testing?” is yes.

How do you anonymously report a drug at work?

The number is: 800-WORKPLACE. An employer’s trade association, or workers’ compensation insurance company may also be able to give helpful advise.

How to support employees with a drug or alcohol problem?

Support employees with a drug or alcohol problem When you’ve assessed the risk and have a policy on drug or alcohol misuse (or abuse) in your workplace, make sure your employees know about the policy and the support you offer.

What should be included in a drug free workplace program?

The standard components of drug-free workplace program should include a written policy statement, drug and alcohol testing, supervisor training, employee education and awareness, and employee assistance for providing help.

Can a company fire an employee for drug use?

Employers face multiple considerations in deciding whether to fire or retain someone struggling with drugs or alcohol. The silver lining for employers who find themselves in that hard place is that whatever they decide, it may prove just the motivation that person needs to pursue recovery.

How should employers manage substance misuse at work?

The CIPD’s new report, Managing drug and alcohol misuse at work, found nearly a fifth (19 per cent) of businesses see drug and alcohol misuse mainly as a disciplinary issue, despite more than a third (35 per cent) having disciplined someone for alcohol misuse in the last two years, and just over a quarter (26 per cent) for drug misuse.

What can employers do about substance abuse in the workplace?

Most studies show that having a comprehensive drug treatment program increases employee retention. Many employees get trapped into drug use due to the stress of the job or other job related factors. In this case, it is better and more cost effective to retain the employee than it is to train another.

What can an employer do about prescription drug use?

Employers must also remember that the Americans with Disabilities Act (ADA) limits employers’ rights to make medical inquiries of employees and applicants. What follows are several relatively common questions employers have with regard to prescription drug use by employees. Q: Can we require employees to report any medications they are taking?

Why do we need drug treatment in the workplace?

There are many reasons to have employee assistance programs in place. Most studies show that having a comprehensive drug treatment program increases employee retention. Many employees get trapped into drug use due to the stress of the job or other job related factors.

How to tell if an employee has a drug or alcohol problem?

Document the behaviors or physical signs that you or the employee’s coworkers notice that may indicate an alcohol or drug problem. These might include: Missing work frequently. Repeatedly arriving late or leaving early. Bloodshot or glazed eyes. Dilated or constricted pupils. A lingering smell of alcohol.