A Voluntary Program for Drug-Free WorkplacesWorkplaces

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Drug Free Workplace How to Eliminate Employee
Drug Abuse

• Sponsored by
• Arkansas Workers Compensation Commission
• UALR Arkansas Small Business Development Center

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DFWP Objectives

• Start a drug Free workplace
• Certify your drug free workplace
• Increase productivity
• Improve health

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Why a Drug Free Workplace?

• Decrease
• Absenteeism
• Accidents
• Downtime
• Turnover
• Theft
• Premium Costs

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5 Standard Components

• Written policy
• Supervisor training
• Employee education
• Employee assistance
• Drug testing.

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Federal Drug Free Workplace Act

• Federal grant
• Federal contract valued over 25K
• Subcontracts
• Federal agency regulations

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Federal Drug Free Workplace Act

• REQUIRED
• Written policy
• Awareness program
• Employee consent
• Disclose convictions

• NOT REQUIRED
• Employee assistance program (EAP)
• Drug testing

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Arkansas Rule 36

• Purpose
• To promote voluntary drug-free workplaces
• Requirements
• Notice
• Education
• Drug Alcohol Testing

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Needs Assessment Survey

• Tangible Costs
• Absenteeism
• Tardiness
• Insurance Claims
• Theft
• Accidents
• Turnover

• Intangible Costs
• Morale

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Types of DFWP Programs

• Basic
• Written substance abuse policy
• Supervisor training
• Employee Education

• Basic EAP
• Written substance abuse policy
• Supervisor training
• Employee education
• Employee Assistance

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Types of DFWP Programs

• Basic Drug Testing
• Written substance abuse policy
• Supervisor training
• Employee education
• Drug testing

• Certified DFWP
• Written substance abuse policy
• Supervisor training
• Employee education
• Drug/alcohol testing
• Employee Assistance

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Notifying Employees Applicants

• Written Policy
• 60 days elapse before effective date
• Vacancy ads include notice
• Post testing policy
• Make policy available for inspection

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Notice Requirements

• Conditions of employment
• Extent of testing
• Consequences
• Explain protections

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Approval Process

• Employer submits application annually
• Commission notifies of acceptance or deficiencies
• Employer provide acceptance form to insurer
• Insurer may review Commissions findings
• Insurer reports employers qualifying annually to
  Commission

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Appeal Process

• Employer or insurer files written request
• includes grounds for review
• within 15 days of decision
• Commission records all submissions
• Commission decides within 15 days of request

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Lets Take a Break !

• 10 minutes
• Stand up and stretch
• Get a drink of water
• Swap business cards

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Required Testing

• Job Applicant
• Reasonable Suspicion
• Routine Fitness-for-Duty
• Follow-Up
• Post-Accident

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Job Applicant Testing

• Must require for certification
• May refuse to hire
• May conduct limited testing
• May test for alcohol or any drug.

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Reasonable Suspicion Testing

• Sample within 8 hours for alcohol
• Sample within 32 hours for drugs
• Document observations within 24 hours or before
  results are released
• Provide written documentation on request
• Retain documentation 1 year

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Testing Procedures

• Use approved Drug Testing Form
• Use single specimen bottle (securely wrapped)
• Use tamperproof sealing system
• Identify only with a unique number
• Use sealable shipping container
• Use trained collection site person

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Initial Laboratories

• Initial Specimens
• Licensed/approved by ADH
• Certified by USDHHS
• Certified by College of American Pathologists
• and
• Use US DOT procedures

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Confirmation Laboratories

• Certified by initial specimen authority
• and
• Certified by Substance Abuse and Mental Health
  Services Administration
• or
• Certified by College of American Pathologists

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Employee Protection

• Procedures to confidentially report use
• Contest/explain results within 5 days
• Reasonable opportunity to consult
• Not discharged upon voluntary treatment
• May contest test results

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Employer Protection

• Confirmed tests NOT disability
• Discharges are for cause
• May establish reasonable rules
• Not prohibited from other tests

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Substance Abuse EducationCertification
Requirements

• Provide education materials which explain
  employer policies and procedures
• Distribute to each employee prior to start
• Distribute to each employee hired/ transferred
• Provide written notice to employee organizations

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Substance Abuse Education Required Contents

• Identity of designated person for questions
• Period of work-day compliance
• Employee conduct prohibitied
• Circumstances for testing
• Detailed testing procedures

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Substance Abuse Education Required Contents

• Requirement for employees to submit
• Explain refusal to submit and consequences
• Consequences for violations
• Substance abuse prevention information

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Substance Abuse Education Certificate of Receipt

• Employee required to sign receipt
• Employer maintain original of materials
• May provide copy to employee

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Training Supervisors

• Know program and policy
• Explain program to employees
• Know where to refer employees
• Understand supervision as a tool
• NOT expected to provide counseling
• No attempt to diagnose
• Refer for professional evaluation

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Types of EAPs

• Internal / In-house
• Fixed-fee Contract
• Fee-for-Service Contracts
• Consortia
• Peer-based Programs

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Benefits of EAPs

• Assist with
• Policy development
• Employee Education
• Supervisor training
• Treatment for employees
• Assist in complying with DFWP laws

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Locating an EAP

• Join other employers in contracting an EAP
• Call local hospitals
• Contact local mental health professional
• Ask insurance carrier
• Talk with other employers

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Arkansas DFWP Resources

• Arkansas Bureau of Alcohol and Drug Abuse
  Prevention
• Arkansas Workers Compensation Commission

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National DFWP Resources

• American Council for Drug Education
• Drugs Dont Work Partnership
• Employee Assistance Professionals Association
• National Clearinghouse for Alcohol and Drug
  Information
• Partnership for a Drug-Free America

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