1. Knapp Trimboli & PrusinowskiandPrevention First How to Build, Implement and Sustain a Drug-Free Work Place
2. This presentation is for informational purposes only and is not intended as a substitute for legal advice. Any employer who wishes to adopt a drug-free workplace policy or institute drug testing is strongly advised to obtain and consult with competent counsel experienced in this field.
3. Today’s Session Introductions Just the facts: Illegal drug use and the workplace Building the drug free program and policy that works for your business Implementing a drug testing program Implementing a drug detection program (addressing possession and distribution issues onsite and in fleets) Employee privacy and discrimination considerations Policy into practice: options and resources
4. Drugs at the Workplace 70% of drug abusers are employed, and, on average, they found jobs in companies with no drug policy or poorly implemented programs* Costs: 40% of all industrial fatalities 33% less productive 300% higher medical costs and benefits than non-abusers 1%-10% payroll costs Drug use and Safety are the top concerns for NJ business (small, med and large)* * Partnership for Drug Free New Jersey workplace report 1/09
25. Where to go for help.Please note that DOL strongly recommends that you have your policy reviewed by a legal consultant, such as a labor/employment attorney, prior to distribution and implementation.
31. Federal regulations mandating substance testing in transportation, and become a model for reliable testing that safeguarded employee rights and emphasized treatment rather than punishment.
32. General recognition by the courts, Congress and states that employers have a legitimate interest in using testing as a means of maintaining an unimpaired work force, especially when safety issues are present.
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34. Random selection by computer-generated random number or similar process. Should truly be random (e.g., cannot “suggest” that certain persons end up on the test list).
35. Private sector: permitted in New Jersey only for employees who hold safety-sensitive positions where the need to assure sobriety in the workplace is clear, e.g., a night supervisor responsible for the safe operation of an oil refinery.
36. Public sector: permitted in New Jersey only for employers who have a special need to assure that employees holding safety-sensitive positions are capable of performing their functions safely, e.g., police and firefighters.
42. Public sector employers in New Jersey: applicants may be subjected to testing when the employer can assert a special need such as public safety, or when the applicants seek employment in a highly regulated field such as law enforcement.
46. Follow Up Testing: Testing of an employee who has previously tested positive or has otherwise been found to have abused substances, to assure compliance with substance abuse treatment program or “stay sober” mandate.
64. Bringing the canine into private property without permission of owner constitutes a “search;” but it is the invasion of private property, not the “sniffing,” that constitutes the “search.”
69. No expectation of privacy in employer’s property, especially when employees are placed on notice of employer’s intention to conduct searches of its property.
70. Expectation of privacy may arise by way of employer promise or representation, (e.g., employer provided employee with private desk to which employee alone has access).
95. Next steps Join our program on July 16th 12-1:00pm Drug Users on Your Payroll: Drug Recognition, Concealment Strategies and Intervention We will cover: Physical signs Behavioral indicators (users and dealers) Concealment strategies Testing and Hiding When and how to intervene and barriers to intervention
Costshigher absenteeism; more accidents; higher health care costs; more theft; workplace violence; decreased productivity; lower profits to your bottom linSmaller firms may be particularly disadvantaged by worker substance use and abuse. For example, while about half of all U.S. workers work for small and medium sized businesses (those with fewer than 500 employees)29, about nine in ten employed current illicit drug users and almost nine in ten employed heavy drinkers work for small and medium sized firms.30 Likewise, about nine in ten full-time workers with alcohol or illicit drug dependence or abuse work for small and medium size firms.31 However, smaller firms are generally less likely to test for substance use.32 (29 statistics of U.S. Businesses, 2005, U.S. Census Bureau, available at http://www.census.gov/csd/susb/index.html30 Larson, S.L., Eyerman, J., Foster, M.S., and Gfroerer, J.C. (2007). Worker Substance Use and Workplace Policies and Programs (DHHS Publication No. SMA 07-4273, Analytic Series A-29). Rockville, MD: Substance Abuse and Mental Health Services Administration, Office of Applied Studies.)70% of all illegal drug users are currently employed40% of all industrial fatalities33% less productive300% higher medical costs and benefits than non-abusers1%-10% payroll costs
http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.aspThe major industry groups with the highest prevalence of illicit drug use in the past month were accommodations and food services and construction, and those with the lowest prevalence were the utilities industry, educational services, and public administration.12 About 16.9 percent of workers in the accommodations and food services industry and 13.7 percent of workers in the construction industry reported illicit drug use in the past month.13According to 2002-2004 data, among full-time employed persons diagnosed with a substance use disorder, those ages 18-25 had the highest rates of substance use disorder relative to those in other age categories.10
