A Step-by-Step Guide
to a Drug Free Workplace

Arkansas Workers’ Compensation Commission
Olan W. Reeves, Chairman
Shelby T. Turner, Commissioner
Joe E. Yates, Commissioner
March 1, 2003

Arkansas’ Drug Free Workplace Program

Table of Contents

Drug Free Workplace Application Checklist

Common Questions

Benefits of Going Drug Free

Basic Information on the Law

National and State Resources

Generic Plans, Forms

Drug Free Workplace Application Checklist

Use the following checklist to make sure that your Drug Free Workplace Program meets the requirements established in Rule 36.  If you need additional information about the specific requirements, check the Rule 36 Section references provided for each of the components.  Do not submit this checklist with your application; it is for your use only.

Coverage (Rule 36, Section II)
_________	All employees are included in the drug testing program.
_________	All temporary and/or leased employees used by the company must be subject to the same testing requirements, policies and procedures as the employees of the company.  You should send a letter attesting to this fact with your application. 

Employee notification (Rule 36, Section II)
_________	Employee notification: one-time written notification of existence of drug-free workplace program given to employees and job applicants.	
		
		Notification must contain:
_________	1.	General policy statement containing:
_________		a.	It is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee’s body;
_________		b.	Types of drug or alcohol testing an employee or job applicant may be required to submit to; 
_________		c.	Actions the covered employer may take against an employee or job applicant on the basis of a positive, confirmed, verified drug or alcohol test result;
_________	2.	Statement advising employees of the existence of Rule 36;
_________	3.	Statement advising employees of their protections (Section IX) under Rule 36;
_________	4.	General statement concerning confidentiality;
_________	5.	Consequences of refusing to submit to a drug or alcohol test;
_________	6.	Name and contact number of employer’s EAP
			OR
_________		Name and contact number of local drug and alcohol rehabilitation programs
_________	7.	Statement concerning employee’s responsibility to notify the laboratory or any civil action brought as a result of Rule 36;
_________	8.	List of classes of drugs for which the employee will be tested;
_________	9.	Statement regarding applicable collective bargaining agreement or contract and the right to appeal;
_________	10.	Statement that the notice meets requirements of notice under Section 1 of Rule 36.

_________	At least 60 days elapsed between the one-time notice and the effective date of the drug-free workplace program.
_________	Notice of drug and/or alcohol testing is on all vacancy announcements.
_________	Notice of drug and alcohol testing posted in a conspicuous location on the employer’s premises.
_________	Copies of drug free workplace policy available to employees or their representatives and job applicants during normal business hours.

Types of Testing (Rule 36, Section V)
_________	Job applicant drug testing.
_________	Reasonable suspicion drug or alcohol testing.
_________	Routine fitness-for-duty drug or alcohol testing.
_________	Follow-up drug testing.
_________	Post accident testing.

Testing Procedures and Laboratory Requirements (Section VII, Section VIII)
		Drugs tests:
_________	1.	Amphetamines
_________	2.	Marijuana (cannabinoids)
_________	3.	Cocaine (benzolylecgonine)
_________	4.	Opiates (codeine, morphine, heroin)
_________	5.	PCP (phencyclidine)
_________	6.	Alcohol
_________	Use DOT procedures (49 CFR, Part 40, Subpart B and C) for sample collection, transport,  and handling.
_________	Use a certified laboratory for all sample analysis.
_________	Laboratory confirms positive tests and has confirmed tests verified by a Medical Review Officer (MRO) before declaring them positive.
_________	Employer pays for all required initial and confirmation drug and alcohol tests.
_________	Employee pays for any tests initiated by the employee.

Employee Protection (Rule 36, Section IX)
_________	Confidentiality procedures in place to permit employees/job applicants to report prescription and non-prescription drug use to the MRO.
_________	Employees and job applicants given reasonable opportunity to consult with the MRO.
_________	Employer can take action only for positive tests confirmed and verified by a MRO.
_________	If terminated, employees can contest test results to the Arkansas Department of Labor.

Education and Awareness (Rule 36, Section XI)
_________	Educational materials provided to employees explaining the employer’s drug-free workplace program and the educational and awareness requirements.
_________	Educational materials contain required content as described in Section XI. 2.
_________	Supervisors receive at least sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use, including how to determine if reasonable suspicion for testing exists.

Common Questions

The following are some questions that often come up when employers are trying to decide if a Drug Free Workplace Program is right for their business.  If you have additional questions, please contact the AWCC’s Drug Free Workplace Program at 501-682-2063 or 800-622-4472.

Q	Is substance abuse a major issue for American business and labor?
A	Yes!
			
The Problem of Illegal Drugs

•	60% of the world’s production of illegal drugs is consumed in the U.S.
•	Nearly 70% of the current users of illegal drugs are employed.
•	One third of employees know of the sale of drugs in their workplace.
•	20% of young workers admit using marijuana on the job.
•	Nearly 1 in 4 employed Americans between the ages of 18-35 have used illegal drugs in the past year.
•	

Ninety percent (90%) of large businesses have drug-free workplace programs in place, while only 5 to 10% of small and medium-sized businesses have implemented similar programs.  The irony here is that about 75% of employed Americans work for these small and medium-sized businesses.  Workers who want to avoid substance abuse policies at the large companies take their job search to the smaller businesses.

The Cost of Substance Abuse
Even though many employers choose to ignore the problem, substance abuse in the workplace has a real impact on their bottom line.  As a matter of fact, substance abuse drains more than $100 billion from American businesses every year in:

•	Workers’ Compensation: 38 to 50% of all workers’ compensation claims are related to substance abuse in the workplace; substance abusers file twice as many workers’ compensation claims.
•	Medical Costs:   Substance abusers have 300% higher medical costs and benefits.
•	Absenteeism: Substance abusers are 2.5 times more likely to be absent eight or more days a year.
•	Lost Productivity: Substance abusers are one-third less productive.
•	Employee Turnover: It costs a business an average of $7,000 to replace a salaried worker.
•	

Companies are finding that investment in education, prevention and assistance programs pays dividends for both employer and employee.

Source: “Working Partners,” National Conference Proceedings Report: Sponsored by the U.S. Department of Labor, the Small Business Administration and the Office of National Drug Control Policy.

Q	Can you make a difference?
A	Yes!

It’s Not Difficult.  Model policies and programs are available.  Some sample forms are in this booklet.
It’s Not Expensive.  Using existing materials, you can get started at virtually no cost.  If you want to develop a comprehensive program to include employee assistance, supervisor training, employee education and/or testing, contact the Arkansas Workers’ Compensation Commission, Health and Safety Division.
You don’t have to do it alone.  There are a variety of resources available to assist you including the national and state organizations listed in this booklet.

Q	How can I make my workplace drug-free?
A	Begin with careful planning.

•	Develop your drug-free workplace program carefully.

Talk to employees and supervisors about the benefits of a drug-free workplace.  Stress the positive aspects of a drug-free workplace, i.e., management and workers meeting their joint responsibilities for a safe and healthy workplace.  Case studies show a well-planned program to reduce substance abuse can increase productivity, reduce accidents and decrease costs due to insurance claims.

Listen to employees’ ideas.  Ask for input: “We’re going to implement a drug-free workplace program.  What is the best way to do this?”  Compliance with any change in company policy requires the understanding and acceptance of the employees.  If your company’s workers are represented by a union, the development of the policy will be a part of the collective bargaining process.  A firm, compassionate program can provide a health and safe workplace for all.

•	Write your policy and print it on company letterhead.  

The policy should expressly prohibit the illegal use of drugs and abuse of alcohol by employees and spell out the consequences of policy violations.  Model policies are printed in this booklet.  You may duplicate the policy word for word, customizing it with your company name, or you may change portions of it to suit your specific needs.  You may wish to consult your company’s attorney for assistance, and possible legal ramifications.

Q	Once I’ve planned my program, how do I implement it?
A	Take these important steps.

•	Distribute the policy to all employees.
•	Educate your employees about the program.  Hold a meeting for all employees, labor and management, to explain the value of the drug-free workplace.  Answer all questions and make yourself available to meet privately with employees.
•	Post notifications of your drug-free workplace program.  Give notice well in advance of policy implementation.  Place notices in prominent locations throughout your business facilities as well as on your employment applications.  New employees must be given a copy of your drug-free workplace policy.

Q	Could refusing to submit to a drug or alcohol test be presumed as exceeding the limits?
A	Yes.

Refusing to submit to a drug or alcohol test required under the guidelines of Rule 36 can be grounds for the same consequences as if the test were positive.

Q	What types of drugs are prohibited?
A	The following types of drugs are prohibited:

•	Drugs that are considered illegal substances.
•	A controlled substance that is not medically authorized or prescribed for the employee being tested.
•	Legally prescribed controlled substances whose use is prohibited during the performance of duties by the employer’s policies
•	Alcohol consumption during or prior to work in accordance with the employers policies.

Q	When an employee or applicant is drug tested, is the employer required to utilize a Medical Review Officer?
A	Yes

Rule 36 defines a Medical Review Officer (MRO) as a licensed physician, pharmacist, pharmacologist or similarly qualified individual, employed by or contracted with a covered employer, who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee’s positive test result in relation to the employee’s medical history or any other relevant biomedical information.  The MRO is an agent of the employer.  The MRO must be used to review all positive tests with the employee or applicant before the employer is advised of the test results.  Using a MRO helps protect both the employer and the employee or job applicant.

Q	Can I use test kits for on-site screenings?
A	No

Analysis of all drug or alcohol tests must be performed by a certified laboratory.  This protects both the employer and employee or applicant.

Q	Could there be legal challenges?
A	Yes

•	The United States Constitution, which restricts governmental but not private sectors from arbitrarily interfering with individual rights, prohibits the Government from unreasonably infringing on workers’ rights relating to privacy and job security.  With respect to workplace privacy, the Fourth Amendment to the U.S.  Constitution prohibits unreasonable “searches.”  In 1989, the Supreme Court, considering the issue of workplace drug testing for the first time, concluded that a public employer taking a blood, urine, or breath specimen for the purpose of alcohol and other drug testing (or testing conducted by a private employer at the request of the Government) constitutes a search under the Fourth Amendment because it implicates significant privacy concerns.  The Court further held that the determination of whether such testing is “reasonable” and therefore constitutionally valid, requires a balancing of the degree of intrusion on the individual’s privacy interest against the promotion of the employer’s legitimate interests.
•	Based on this balancing test, the Courts favor employee testing that is based on reasonable suspicion of alcohol or other drug use.
•	Avoid legal problems by using procedures that are clear, fair, consistent, and documented in a written policy.  Employment decisions based on a test result can be contested.  It will be to your advantage to have a detailed policy and to understand the protections that are available to you.
•	The use of DOT procedures for chain of custody forms, certified laboratories to conduct the analyses and MRO’ s provides the employer with results which would be defensible in a court of law.

Benefits of Going Drug Free

	Any employer who takes steps to keep drugs and workers using drugs out of the workplace will save money simply because 47% of all workplace accidents are alcohol-related (reported by the National Institute of Drug abuse and Blue Cross/Blue Shield).  The fewer accidents that occur in your workplace, the lower your workers’ compensation insurance.  Merely taking a stance to eliminate drugs from the workplace will produce a safer workplace, reduce workdays lost as a result of work accidents and eventually lower workers’ compensation premiums.

	If an employer develops a written drug-free workplace policy and has an AWCC-accepted drug-free workplace program as described in Rule 36, additional benefits can be realized:

•	All employees become aware of the importance of safety in the workplace and will benefit from a safer work environment.
•	When a worker is injured at work, he or she must submit to a drug test or may forfeit workers’ compensation benefits.
•	If drugs are found in the workers’ system above threshold levels, the injured workers may not be entitled to workers’ compensation benefits.

	To learn all the ins and outs of becoming a drug-free workplace, you can contact the Arkansas Workers’ Compensation Commission, Health and Safety Division, to obtain a complete copy of Rule 36 governing a drug-free workplace.  These will guide your organization in developing a written drug-free workplace policy which must be shared with all present and prospective employees.  The law and rule contain the following information and more.

	The following  practices and policies shall be contained in a drug-free workplace policy in order to qualify as an approved drug-free workplace:

•	Five occasions for drug/alcohol testing:
•	

–		All candidates offered jobs shall be tested before they are hired, although they may begin work pending the results of the drug test.  Alcohol tests are not required of job applicants
–		Drug and alcohol tests shall be conducted following any observed behavior creating “reasonable suspicion.”  These behaviors shall be defined in the policy but must include causing, contributing to, or being involved in a workplace accident; being observed using drugs at work; being observed selling drugs at work.
–		If you ordinarily require annual physical fitness-for-duty examinations, they shall include drug and alcohol testing.
–		Post-accident testing after every on-the-job accident or injury.
–		Post-rehabilitation/follow-up testing shall occur at least once per year for at least two years if the employer has sent an employee to drug or alcohol rehabilitation treatment.
–	

•	Sanctions and consequences for drug/alcohol use shall be spelled out in the policy.  These sanctions can vary from company to company but they should be fair and consistent.  They can vary from recommending treatment, requiring treatment as a necessary condition to continue employment, to termination.
•	A list of places an employee can go voluntarily for treatment or the name of the company’s Employee Assistance Program shall be provided.
•	An employee who comes forward voluntarily to request treatment may not be terminated for requesting help.
•	An assurance shall be provided regarding the confidentiality of test results as well as information about prescription drugs provided by the employee.
•	The employee’s right to challenge the results of a drug test shall be spelled out.
•	The name of the testing laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMSA) or The College of American Pathologists you will be using shall also be included.
•	Employees shall be aware that you will be working with a Medical Review Officer (MRO) who shall be responsible for the interpretation of all positive test results.  The MRO shall contact the employee if there are positive results and permit the employee five days to explain any test results.
•	A list of drugs for which you will be testing shall be included as well as a list of other drugs which may affect test results.  
•	The effective date of the program shall be included.
•	Initial testing shall not begin until 60 days after the effective date of the program unless your company had some type of testing program in place before November 1, 1999.  This gives employees a chance to step forward and request help.

Other practices and policies which you should consider including in a drug-free workplace program are:

•	Involving employees in the development and implementation of the program.
•	How the program will be presented to and publicized with new and existing employees.
•	Random testing of existing employees.
•	Requiring employees to sign an agreement about drug use and specifying consequences for not signing the agreement.

If you are individually self-insured, your savings will be realized by reducing the incidence of accidents, absenteeism, use of other benefits, etc..

	After reading Rule 36, you may feel a little confused about how to start developing your program or what to include in your policy.  You can contact your workers’ compensation insurance agent, carrier or self-insurance fund for assistance in developing your program.
	Once you implement your program and begin drug testing, you may be surprised that some valuable employees test positive for drugs.  If you don’t treat all employees who test positive exactly the same and in a manner consistent with your written policy, you may be risking a discrimination suit.  Be sure you are comfortable with the sanctions you write into your policy for all employees, not just the troublesome ones.
	When developing your sanctions, consider the impact of those sanctions on your business.  Be aware that other companies implementing drug-free workplace programs have found that 20-50% of their employees actually test positive for drugs.  In fact, some companies have found that employees voluntarily resign rather than continue employment in a drug-free workplace.
	Firm and consistent implementation of sanctions is essential for a successful program.  The payoff will come in a safer workplace for all employees and reduced workers’ compensation losses for you, the employer.

				

Basic Information on the Law

Drug-Free Workplace Policy Law
Federal, state and local laws pertaining to drug-free workplace policies and procedures are complex and subject to frequent changes by legislation and court decision.  You should consult an attorney before implementing any policy or practice.  These materials do not constitute legal advice.

Through the local chapter of the Arkansas Bar Association or the American Bar Association, some attorneys in your community may be available to answer specific questions regarding drug-free workplace policies and procedures without charge.

The Drug-Free Workplace Act of 1988
The Drug-Free Workplace Act of 1988 requires all federal grant recipients and federal contractors (where contracts exceed $25,000) to certify that they shall provide a drug-free workplace.  The final rules describing the requirements for such grantees/contractors were published in the Federal Register on May 25, 1990.

Generally, this law required covered employers to: 

•	Develop and publish a written policy and ensure that employees read and consent to the policy as a condition of employment;
•	Initiate an awareness program to educate employees about:
•	

–		the dangers of drug abuse;
–		the company’s drug-free workplace policy;
–		any available drug counseling, rehabilitation, and employee assistance programs;
–		the penalties that may be imposed upon employees for drug abuse violations.
–	

•	Require that all employees notify the employer or contractor within 5 days of any conviction for a drug offense in the workplace;	
•	Make an on-going good faith effort to maintain a drug-free workplace.

The contract and/or grant administration office of the federal department or agency awarding a contract or grant can answer questions about the provisions and requirements of the Drug-Free Workplace Act of 1988.

Department of Transportation (DOT) Regulations

The U.S. Department of Transportation (DOT) rule on drug testing regulations became effective in December, 1988.  The regulation covers several occupations under DOT jurisdiction, including natural gas and pipeline workers, motor carrier workers, aviation workers and railroad workers.  Employers with transportation positions covered by DOT must test job applicants.  Employees are to be tested during a routine physical, on a random basis, upon reasonable cause and after accidents.  The DOT has established an Anti-Drug Information Center (ADIC).  This computer-based system can respond to telephone calls, facsimile, or modem.  The system will provide callers with model drug free workplace rules and entailed information, interpretation and advice on DOT regulations.  Contact 1-800-CAL-DRUG.

The Americans with Disabilities Act of 1990 (ADA)
This Act, effective July 1992, prohibits discrimination against “qualified people with disabilities” and limits an employer’s ability to inquire into an employee’s or job applicant’s medical history.  It does, however, permit drug testing and does  bar employees from alcohol abuse or illegal drug use in the workplace.  Under the ADA, an employer may require job applicants and employees to pass a drug test as a condition of employment.  Although the Act does not protect certain illegal substance abusers and alcoholics who cannot safely perform their jobs, it does protect those who have been rehabilitated or who are participating in supervised rehabilitation programs and not currently using drugs.
What Exactly is “Current” Drug Use?
•	According to the Equal Employment Opportunity Commission (EEOC), “Current drug use means that the illegal use of drugs occurred recently enough to justify an employer’s reasonable belief that involvement with drugs is an on-going problem.  It is not limited to number of days of use.  It is determined on a case-by-case basis.”
•	A positive drug test conclusively proves current use, but a test can be conducted only to determine “illegal” drug use; a person who tests positive for a lawfully used prescription drug cannot be discriminated against.
•	In the case of job applicants, an employer cannot ask what prescription drugs a person is taking before making a conditional offer of employment.
•	The EEOC suggests that employers can avoid potential liability by conducting pre-employment drug tests after making an offer; if a person tests positive for illegal drugs, the employer may withdraw the offer.
•	The following are protected by the ADA, i.e., an employer cannot discriminate based on these characteristics:
•	

1.		Illegal substance abusers and alcoholics who have successfully completed a rehabilitation program.
2.		Those who are participating in a supervised rehabilitation program.
3.		Those who, based on hearsay only, are believed to be an illegal drug user.
4.		Furthermore, an alcoholic is considered “an individual with a disability” and cannot be discriminated against unless their alcohol use impairs performance or conduct to the extent that they are not qualified.
1.	

•	For more information about the ADA requirements affecting employment, contact the Equal Employment Opportunity Commission at 202-663-4900.

National and State Resources

National Technical Assistance

Center for Substance Abuse Prevention Workplace Helpline:  800-967-5752
The Center for Substance Abuse Prevention toll-free service is operated 9:00 a.m. - 8:00 p.m., EST.  Telephone consultation is available for business owners, managers and union leaders on the development and implementation of comprehensive drug-free workplace programs.  These counselors can put you in touch with local resources.

National Clearinghouse for Alcohol and Drug Information:  800-729-6686	
This toll-free service has information specialists available on all aspects of substance abuse–from videos and prevention materials to specific program descriptions, resources in our state, and the latest research results.  Many publications and educational materials are available free from the Clearinghouse.  As these publications are in the public domain, you may reprint them under your logo without permission.

Substance Abuse and Mental Health Services Administration (SAMSHA):  
301-443-6014
This service provides advice and referrals to individuals about the availability of drug and alcohol treatment services, including referrals to programs for those who cannot pay.

Department of Transportation’s Anti-Drug Information Center:  800-225-3784
This system is designed to respond to inquiries regarding the U.S. DOT drug-free workplace regulations for the transportation industry.  This is a fax-on-demand service only.

Department of Defense:  703-697-8335
If your business is subject to the Department of Defense’s drug testing regulations, call this number for information.

Employee Assistance Professionals Association (EAPA):  703 522-6272
EAPA provides information on how to select EAPs, the value they can provide, the theory behind them and how they operate.  (EAPA, 4601 North Fairfax Drive, Suite 1001, Arlington, VA 22203).

American Council for Drug Education (ACDE):  800-488-DRUG
ACDE offers information about alcohol and other drug abuse prevention to employers and employees, as well as parents, children, educators and students.

Drugs Don’t Work Partnership:  703-706-0560
The coalition works with businesses to implement locally-run “Drugs Don’t Work” programs.

Partnership for a Drug-Free America (PDFA):  212-922-1560
PDFA provides employers with prevention-oriented ads, posters, tapes and other materials designed to educate employees and supervisors about the effects of workplace drug abuse.

Workplace Helpline:  800-WORKPLACE
The helpline, also operated by CSAP, provides individualized technical assistance to businesses, industries and unions in the development and implementation of comprehensive workplace substance abuse programs.

A2Z Alcohol & Drug Abuse-Addiction:  800-274-2042

Al-Anon/Alateen Family Group Headquarters:  	800-356-9996

Alcoholics Anonymous World Service:  212-870-3400

American Council on Alcoholism Helpline:  800-527-5344

800 cocaine-An Information and Referral Hotline:  800-262-2463

Nan-Anon Family Group Headquarters:  310-547-5800

Narcotics Anonymous:  818-773-9999

National Council on Alcoholism and Drug Dependency Helpline:  800-622-2255

Substance Abuse Institute:  301-431-1239

Substance Abuse Program Administrators Association:  800-672-7229

State Resources
	
Arkansas Department of Health, Bureau of Alcohol and Drug Abuse Prevention:  501-280-4508
This group can provide you with a list of both state funded and privately funded resources through-out the state.  These resources include prevention, education and training programs, treatment programs and other resources.

Generic Plans, Forms

One of the most difficult tasks involved with putting a new program in place is oftentimes developing written plans and forms to document the program.  To assist you, we have developed the following generic plans and forms.  If you decide to use the forms, you should customize them as needed to describe your program.  The following types of generic plans have been provided:

Reasonable Suspicion Report Form
Substance Abuse Policy Statement
Pre-employment Drug Testing Consent and Release Form
Active Employee Certificate of Agreement
Sample Letter to Employees to Accompany Substance Abuse Policy Statement
Directory of National, State, & Local Resources
Notice

Reasonable Suspicion Report Form

Name of Employee: _____________________________________________________
Name of Supervisor: _____________________________________________________
Date: ________________ Time: __________________ Office: ___________________
Name of Witness(es) and Title(s): ___________________________________________
______________________________________________________________________

Describe in detail the events which led to this report and explain your observations checked below.  You may write on the back of this form.

		

				

				

The following behavior(s) of the employee identified above were observed on the date indicated:

Disorientation	Extremely Nervous	Thick, Slurred Speech	
Unusually Talkative	Glassy-Eyed	Profuse Sweating	
Poor Motor Coordination	Uncoordinated Gait	Sleepiness & Drowsiness	
Belligerence	Jerky Movement of Eyes	Staggering Gait	
Blank Stare Appearance	Mood Changes	Dilated Pupils	
Odor of Glue, Paint Solvent	Flushed Face, Head, or Neck	Poor Perception of Time & Distance	
Redness Around Nasal Area	Use of Sunglasses at Inappropriate Times	Tremor of Fingers & Hands	
Unable to Perform Usual Routine Tasks	Unusual Body Position	Odor of Burnt Rope	
Muscle Rigidity	Inability to Remember	Hearing and/or Seeing Things	
Other (explain)	

Notice

The various components of a drug-free workplace program, especially active employee testing, may raise legal issues for your company.

These model programs/policies have been reviewed by legal counsel.  This program and its supporting polices are similar to those in effect in many major companies. Companies with special requirements or contracts may need to modify sections of this program; therefore, these model policies are intended for general information only. The Arkansas Workers’ Compensation Commission, Health and Safety Division and The Drug-Free Workplace Program disclaim any responsibility for the implementation of these policies.   All employers should contact legal counsel prior to implementing substance abuse policies.

YOUR COMPANY LETTERHEAD

SUBSTANCE ABUSE POLICY STATEMENT

(Company Name) is committed to providing a safe work environment and to fostering the well-being and health of its employees.  That commitment is jeopardized when any (Company Name) employee illegally uses drugs on or off the job, comes to work under their influence, possesses, distributes or sells drugs in the workplace, or abuses alcohol on the job.  Therefore, (Company Name) has established the following policy, pursuant to Arkansas Workers’ Compensation Rule 36.  

It is a violation of company policy for any employee to use, possess, sell, trade, offer for sale, or offer to buy illegal drugs or otherwise engage in the illegal use of drugs on or off the job.  

It is a violation of company policy for any employee to report to work under the influence of or while possessing in his or her body, blood or urine, illegal drugs in any detectable amount.

It is a violation of company policy for any employee to report to work under the influence of or impaired by alcohol. 

It is a violation of the company policy for any employee to use prescription drugs illegally, i.e., to use prescription drugs that have not been legally obtained or in a manner or for a purpose other than as prescribed.  However, nothing in this policy precludes the appropriate use of legally prescribed medications.

The consumption or possession of alcoholic beverages on this Company's premises is prohibited. (Company sponsored activities which may include the serving of alcoholic beverages are not included in this provision). An employee whose normal faculties are impaired due to alcoholic beverages while on duty/company business shall be guilty of misconduct, and shall be subject to discipline up to and including termination.

Violators of this policy are subject to disciplinary action up to and including termination.

The goal of this policy is to balance our respect for individuals with the need to maintain a safe, productive and drug free environment.  The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal use of drugs and the abuse of alcohol are incompatible with employment at (Company Name).

If your company is subject to the requirements of the Drug-Free Workplace Act of 1988 (By nature of a grant/contract with the Federal Government),  you should add the following statement to your drug policy:

As a condition of employment, employees must abide by the terms of this policy and must notify  (Company Name) in writing of any conviction of a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction.

If you are including a designated EAP in your company's program, add the following paragraph to your drug policy: 

(Company Name) offers an Employee Assistance Program (EAP) benefit for employees and their dependents.  The EAP provides confidential assessment, referral and short-term counseling for employees who need or request it.   If an EAP referral to a treatment provider outside the EAP is necessary, costs may be covered by the employee's medical insurance; but the cost of such outside services are the employee’s responsibility.

Confidentiality is assured.  No information regarding the nature of the personal problem will be made available to supervisors, nor will it be included in the permanent personnel file.  Participation in the EAP will not effect an employee's career advancement or employment, nor will it protect an employee from disciplinary action if substandard job performance continues. The EAP can be accessed by an employee through self-referral or through referral by a supervisor.  We will distribute information about the EAP to employees for their confidential use.

If you are not contracting with a designated EAP but are providing a directory of local EAP/substance abuse treatment providers instead, add the following paragraph to your policy: 

The company offers resource information on various means of employee assistance in our community, including but not limited to drug and alcohol abuse programs.  Employees are encouraged to use this resource file; which is located (insert where).  In addition, we will distribute this information to employees for their confidential use.

Insert this section for all drug policies:

General Procedures:  Any employee reporting to work visibly impaired will be deemed unable to perform required duties and will not be allowed to work.  If possible the employee's supervisor will first seek another supervisor's opinion to confirm the employee's status.  Next,  the supervisor will consult privately with the employee to determine the cause of the observation, including whether substance abuse has occurred.  If, in the opinion of the supervisor, the employee is considered impaired, the employee will be sent home or  to a medical facility by taxi or other safe transportation alternative - depending on the determination of the observed impairment - and accompanied by the supervisor or another employee if necessary.  A drug or alcohol test may be in order.  An impaired  employee will not be allowed to drive.

Insert this section for all drug policies:  

Opportunity to Contest or Explain Test Results:   Employees and job applicants who have a positive confirmed drug or alcohol test result may explain or contest the result to the medical review officer within five (5) working days after receiving written notification of the test result from the medical review officer.  If an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the company. If terminated, an employee may contest the drug test result pursuant to rules adopted by the Arkansas Department of Labor.

Confidentiality:  The confidentiality of any information received by the employer through a substance abuse testing program shall be maintained, except as otherwise provided by law. 

Job Applicant Drug Testing:   All job applicants (post-offer, pre-placement) at  (Company Name) will undergo testing for substance abuse as a condition of employment.  Any applicant with a confirmed and verified positive test result will be denied employment. 

Once an offer of employment has been made and accepted, applicants will be required to submit voluntarily to a urinalysis test at a laboratory chosen by (Company Name),  and by signing a consent agreement will release (Company Name) from liability. If the physician, official, or lab personnel has reasonable suspicion to believe that the job applicant has tampered with the specimen, the applicant will not be considered for employment. 
(Company Name) will not discriminate against applicants for employment because of a past history of drug or alcohol abuse.  It is the current illegal use of drugs and/or abuse of alcohol, preventing employees from performing their jobs properly, that  (Company Name) will not tolerate. 

Employee Drug and Alcohol Testing: (Company Name) has adopted testing practices to identify employees who use illegal drugs on or off the job or who abuse alcohol on the job.  It shall  be a condition of employment for all employees to submit to substance abuse testing under the following circumstances: 

1. 	When there is reasonable suspicion to believe that an employee is illegally using drugs or abusing alcohol. 'Reasonable suspicion' is based on a belief that an employee is using or has used drugs or alcohol in violation of the employer's policy drawn from specific objective and articular facts and reasonable inferences drawn from those facts in light of experience.  Among other things, such facts and inferences may be based upon, but not limited to, the following:
C	Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to substance abuse; 
C		Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance;
C		A report of substance abuse provided by a reliable and credible source;
C		Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer;
C		Information that an employee has caused or contributed to an accident while at work; or 
C		Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.  

2.	When employees have an on-the-job injury that requires more than first aid treatment as defined in AWCC Rule 36, an employer must send employees for a substance abuse test.

3.	As part of a follow-up program to treatment for drug or alcohol abuse.

4.	Routine fitness-for-duty drug or alcohol testing.  A covered employer must require an employee to submit to a drug or alcohol test if the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination where the examinations are required by; law, regulation, are part of the covered employer's established policy if it is in place by January 1, 2000,  or one that is scheduled routinely for all members of an employment classification group. 

Note: your company may also require other types of testing, such as random testing.  You should include a description of those other testing situations in this segment.

Refusal to Submit 
Failure to submit to a required substance abuse test also is misconduct and also shall be subject to discipline up to and including termination. 

Important Information for Job Applicants and Employees
When an employee or job applicant submits to a drug and/or alcohol test, they will be given a form by the specimen collector that contains a space for the donor to provide any information that he/she considers relevant to the test, including the identification of currently or recently used prescription or non-prescription medication or other relevant information.   

The information form should be kept by the job applicant or employee for their personal use.  If the job applicant or employee has a positive confirmed test result, a medical review officer will attempt to contact the individual in order to privately discuss the findings with that person.  The job applicant or employee should keep the form as a "reminder" to discuss this information at that time.

The medical review officer will take this information into account when interpreting any positive confirmed test results.  The information provided shall be treated as confidential and will not be given to the employer.  Employees and job applicants have the right to consult with a medical review officer for technical information regarding prescription and nonprescription medicine.

It is the responsibility of every employee or job applicant to notify the testing laboratory of any administrative or civil action brought pursuant to Act 1552 of 1999 Section 5 a. The provisions of this policy are subject to any applicable collective bargaining agreement or contract and include the right of appeal as described in AWCC Rule 36, Section XIV.

(Insert this section for all drug policies)

Substance abuse testing for job applicants and employees will include a urinalysis screen for the following drugs: 

C	Alcohol:  (not required for job applicant testing)
Any " Alcoholic Beverage, " all liquid medications containing ethyl alcohol (ethanol).  Please read the label for content.   For example;  Vicks  Nyquil TM is 25% (50 proof) ethyl alcohol, Comtrex TM is 20% (40 proof), Contac Severe Cold Formula Night Strength TM is 25% (50 proof) and Listerine TM is 26.9% (54 proof).
C	Amphetamines:  " speed," "uppers," etc.
C	Cannabinoids:  THC, marijuana, hashish, 11 pot," 1. grass," "hash," etc.
C	Cocaine:  "coke," "crack," etc.
C	PCP: "angel dust." 
C	Opiates:  Narcotics, Heroin, Codeine, Morphine, " smack, dope, etc.

Note:  An employer must test for these 6 substances in order to be certified. The Rules & Guidelines of the Drug-Free Workplace Program do not prohibit an employer from testing for a broader range of substances.  If you decide to test for additional drugs, it is advised that they be included on this list.

YOUR COMPANY LETTERHEAD

PRE-EMPLOYMENT DRUG TESTING CONSENT AND RELEASE FORM

I hereby consent to submit to urinalysis and/or other tests as shall be determined by (Company Name) in the selection process of applicants for employment, for the purpose of determining the drug content thereof.  

I agree that (Name of Physician or Clinic) may collect these specimens for these tests and may test them or forward them to a testing laboratory designated by the company for analysis.

I further agree to and hereby authorize the release of the results of said tests to  (Company Name). I understand that it is the current illegal use of drugs and/or abuse of alcohol that prohibits me from being employed at (Company Name).

I further agree to hold harmless  (Company Name) and its agents (including the above named physician or clinic) from any liability arising in whole or part out of the collection of specimens, testing, and use of the information from said testing in connection with the Company's consideration of my employment application.

I further agree that a reproduced copy of this pre-employment consent and release form shall have the same force and effect as the original.  

I have carefully read the foregoing and fully understand its contents.  I acknowledge that my signing of this consent and release form is a voluntary act on my part and that I have not been coerced into signing this document by anyone.

Applicant
Print Name:                                                                   S.S.#:                                             
Applicant
Signature:                                                                      Date:                                              
Witness
Print Name:                                                                   S.S.#:                                             
Witness
Signature:                                                                      Date:                                              

ACTIVE EMPLOYEE CERTIFICATE OF AGREEMENT
This certificate becomes part of the active employee's personnel file.

YOUR COMPANY LETTERHEAD

I do hereby certify that I have received and read the (Company Name) substance abuse and testing policy and have had the drug-free workplace program explained to me.  I understand that if my performance indicates it is necessary, I will submit to a drug and/or alcohol test.  I also understand that failure to comply with a drug and/or alcohol testing request or a positive, confirmed result for the illegal use of drugs and/or alcohol may lead to discipline up to and including termination of employment and/or loss of workers' compensation benefits, pursuant to Arkansas Workers’ Compensation Commission Rule 36.

Name of Employee ( please print)                                                                                       
Employee's Signature                                                                                                          

Date                                                                       

SAMPLE LETTER TO EMPLOYEES ACCOMPANY SUBSTANCE ABUSE POLICY STATEMENT
YOUR COMPANY LETTERHEAD

LETTER TO ALL EMPLOYEES (Insert date here)

The illegal use of drugs and the abuse of alcohol are problems that invade the workplace, endangering the health and safety of the abusers and those who work around them.  This Company is committed to  creating and maintaining a workplace free of substance abuse without jeopardizing valued employees' job security. To address this problem, our Company has developed a policy regarding the illegal use of drugs and the abuse of alcohol that we believe best  serves the interests of all employees.  Our policy formally and clearly states that the illegal use of drugs or the abuse of alcohol or prescription drugs will not be tolerated.  As a means of maintaining our policy, we have implemented pre-employment and active employee substance abuse testing.  This policy was designed with two basic objectives in mind: 

(1)	employees deserve a work environment that is free from the negative effects of drugs and alcohol and the problems associated with their abuse, and
(2)	this Company has a responsibility to maintain a healthy and safe workplace.

To assist us in providing a safe and healthy workplace, we maintain a resource file of information on various means of employee assistance in our community, including but not limited to drug and alcohol abuse programs.  Employees are encouraged to use  this resource file, which is located (insert where).  In addition, we will distribute this information to employees for their confidential use. 

An employee whose conduct violates this Company's Substance Abuse Policy  (and who does not accept the help we offer under the EAP*) will be disciplined up to and including termination.  

I believe it is important that we all work together to make (Company Name) a drug-free workplace as part of our continual efforts to provide a safer and more rewarding place to work.
 
Sincerely,
 
President

*Insert if your business has added a designated EAP to its Drug-Free Workplace Program.  

Insert if your business is not using a designated EAP, but is providing a directory of local EAP/substance abuse treatment providers instead.

DIRECTORY OF NATIONAL, STATE, & LOCAL RESOURCES

National Technical Assistance

Center for Substance Abuse Prevention Workplace Helpline	          			800-967-5752
National Clearinghouse for Alcohol and Drug Information					800-729-6686
Substance Abuse and Mental Health Services Administration (SAMSHA)			301-443-6014
Department of Transportation’s Anti-Drug Information Center				800-225-3784
Department of Defense									703-697-8335
Employee Assistance Professionals Association (EAPA)					703 522-6272
American Council for Drug Education (ACDE)						800-488-DRUG
Drugs Don’t Work Partnership								703-706-0560
Partnership for a Drug-Free America (PDFA)						212-922-1560
Workplace Helpline							  	        800-WORKPLACE
A2Z Alcohol & Drug Abuse-Addiction							800-274-2042
Al-Anon/Alateen Family Group Headquarters						800-356-9996
Alcoholics Anonymous World Service							212-870-3400
American Council on Alcoholism Helpline						800-527-5344
800 cocaine-An Information and Referral Hotline						800-262-2463
Nan-Anon Family Group Headquarters							310-547-5800
Narcotics Anonymous									818-773-9999
National Council on Alcoholism and Drug Dependency Helpline				800-622-2255
Substance Abuse Institute								301-431-1239
Substance Abuse Program Administrators Association					800-672-7229

State Resources
	
Arkansas Department of Health, Bureau of Alcohol and Drug Abuse Prevention		501-280-4508