Written Substance Abuse Policies

April 13, 2006

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You may want to consider having a written policy about drugs and alcohol in the workplace and you may be required to have one in certain instances. There are two types of policies you can have:

One that indicates that you will not tolerate drug and alcohol abuse in the workplace, but which does not provide for drug testing.
One that does provide for drug testing.

Should you desire or be required to have a policy, consider including the following elements:

the unacceptability of drug or alcohol use on the job
what constitutes an infraction of work policy and rules regarding substance abuse
the consequences if an employee is found to be engaged in substance abuse
information on the availability of treatment and rehabilitation services, if any
your policy on the use of alcohol at company nonwork activities (such as parties and picnics)
your position on drug testing and, if you test, the consequences of a positive test result
acknowledgment that any problems with substance abuse are considered medical in nature and will be treated as such (i.e., confidentially)

Warning

If you have 15 or more employees, your business may be subject to the Americans with Disabilities Act, in which case other factors may come into play in the treatment of employees with medical conditions including drug or alcohol abuse. If you have questions about such a circumstance in your business, it is best to consult your attorney about your specific situation.