Drug And Alcohol Programs And Services Flashcards
Omnibus Transportation Employee Testing Act of 1991 requires…
Governmental agencies with workers in safety sensitive positions to establish anti-drug programs
The Drug-free Workplace Act of 1983 requires…
Employers and employees who are federal grantees, or who are functioning as federal contractors to agree to establishing workplaces that are drug-free as a precondition of receiving Federal agency contracts or grants
Omnibus Transportation Employee Testing Act was established by…
The Department of Transportation’s (DOT) Operating Administrations Regulations
Year that DOT published rules of compliance for all facilities and supplemented the drug testing rules
1997
Results of 2003 National Survey on Drug Use and Health (NSDUH) revealed that ——- of adults employed full or part time were characterized with abuse of, or dependence on, alcohol or drugs
77%
Workers with substance abuse problems are more likely to have more…..
- Absences
- Worksite accidents
- Workers compensation claims
——– of workers who die on the job test positive for alcohol or other drugs
10-20%
Industries with the highest rates of drug use
- Construction
- Mining
- Manufacturing
- Wholesale
Sources of cost alcohol and drug related problems have for American corporations
- Workplace theft
- Workplace violence
- Health care costs
- Lost productivity
Key consideration when developing an effective drug free program
Understanding the current impact of substance abuse in the organization and the professional or community partners available to promote success
Steps to take prior to developing drug free and/or drug and alcohol testing programs in the workplace
- Review all laws and regulations
- Bargaining with unions before changing work rules and policies
- Public employers must consider constitutional rights
Laws and regulations that should be reviewed for your jurisdiction prior to initiating drug free programs/ drug and alcohol testing
Regulations and mandatory requirements for:
- Drug free workplace programs
- Safety sensitive positions
- Disabilities
- Rehabilitation
- Discrimination
Requires bargaining with unions before changing work rules and policies
The National Labor Relations Act
Most common challenge to constitutional rights related to workplace alcohol and drug testing
Unreasonable search and seizure
1988 Drug Free Workplace was developed in order to:
- Educate small business concerns about the advantages of a drug free workplace
- Provide grants and technical assistance in addition to financial incentives to enable small business concerns to create a drug free workplace
- Assist working parents in keeping their children drug free
- Encourage small business employers and workers alike to participate in drug free workplace programs
Drug testing is required under the Drug Free Workplace Act of 1988
False
Vital first step before designing a drug testing program
Understanding various state and federal regulations that may apply to an organization
Many employers across the US are not required to drug test
True
Many state and local governments have statues that limit or prohibit workplace drug testing
True
Many private employers have the right to test for various substances only when drug testing policies are in accordance with state and federal regulations that may apply to their business or organization
True
All federal contractors and grantees covered by the Drug Free Workplace Act of 1988 must provide a drug free workplace as a precondition of receiving federal agency contracts or grants
True
The Drug Free Workplace Act of 1988 requires that:
- Policy statement specifying actions for those who violate the policy be developed and provided to all covered workers
- Drug free awareness program be established to raise worker awareness
- Workers be notified under the jurisdiction of federal contact or grant employment they must abide by terms of policy statement and notify employer of conviction of criminal drug violation in the workplace
- Contacting agency be notified of drug conviction of one of their employees
- Penalties or satisfactory participation in drug abuse assistance or rehabilitation program
- A good faith effort to maintain a drug free workplace
Drug free awareness programs are established to raise awareness of:
- Dangers of drug abuse in the workplace
- Policy of maintaining drug free workplace
- Any available drug counseling, rehabilitation and EAP
- Penalties that may be imposed for violations
Upon conviction of criminal drug violation in the work place an employee must notify the employer within….
5 calendar days
Upon receiving notice of criminal drug violation in the workplace the contracting agent should be notified within….
10 days
US Department of Labor recommends that drug free workplace programs…
- Balance the rights of the worker and the rights of the employer
- Balance the need to know and the right to privacy
- Balance detection and rehabilitation
- Balance respect for workers and the safety of all
Key elements of effective Drug Free Workplace program
- Written policy
- Drug and alcohol abuse prevention training and voluntary training for workers who are parents
- Illegal drug testing of workers
- Worker access to EAP program
- Continuing alcohol and drug abuse prevention training
Written policy for Drug Free Workplace program should include
- Expectations and prohibitions related to drug and alcohol abuse
- Consequences of violating the policy
Drug and alcohol abuse prevention training should not total less than…
2 hours for each worker
Components for illegal drug testing for workers
- Analysis conducted by drug testing laboratory certified by Substance Abuse and Mental Health Services Administration (SAMHSA) or approved by the College of American Pathologists for drug testing
- Review each positive test result with a medical review officer
Worker access to EAP should include:
- Confidential assessment
- Referral
- Short term problem resolution
Purposes of drug and alcohol testing programs are to:
- Avoid hiring workers who use illegal drugs
- Deter workers from abusing alcohol or drugs
- Identify and refer for treatment those workers who are presently abusing drugs or alcohol
Prior to development and implementation of alcohol and drug screenings, employers should:
- Seek thorough legal, medical and human resources advice
- Bargain with unions before changing work rules and policies
- During program implementation, protect workers’ constitutional rights and prevent unreasonable search and seizure
Core terms related to drug and alcohol abuse
- Drug
- Drug and alcohol abuse
- Substance abuse