WORKPLACE SUBSTANCE ABUSE PROGRAM 15
15.3 BEST PRACTICES
In addition to the DOL recommendations, consider the following questions when developing a sub- stance abuse policy for your company . Please note on some projects the project owner might have stringent or additional requirements on their substance abuse program . It is important to identify and comply with those owner or project-specific requirements .
15.3.1 Why should your company care about workplace substance abuse? What are the effects of sub- stance abuse on the construction worker safety and health performance?
A recent study found that occupations involved in the construction industry have the highest preva- lence of illicit drug use and heavy alcohol use .3 Eliminating or minimizing construction worker sub- stance abuse can help construction companies not only to reduce workplace injuries, but it will increase productivity and improve work quality .
15.3.2 What is your company’s policy or position on workplace drug and alcohol use?
Contractors should seek and gain full support and cooperation from their workers when developing their substance abuse policy . As with any safety policy, employee involvement is critical to the success of the program . It is recommended to find a way to receive and incorporate employee feedback in the policy . By educating the workforce that employees under the influence of drugs, alcohol, or other controlled substances on the jobsite pose serious safety and health risk not only to themselves, but to their coworkers and the public . It is a best practice to obtain employee consent and to indicate clearly drug and alcohol testing is a requirement for employment with the company or the jobsite . The policy should state the benefits of drug and alcohol testing within the construction industry such as improved workplace safety performance, better performance, better quality of living, and decreased rates of employee absenteeism .4 For example, the company policy can state, “Company ABC will not tolerate drug or alcohol use on its premises and projects .” See Exhibit 15-1 for a sample drug and alcohol pre- vention program .
15.3.3 What are the prohibited substances, articles and conduct not tolerated by the company? What are their cut-off levels?
Prohibited substances can include alcohol, drugs, selected prescription drugs, illegal drugs, and contra- band . The company policy should clearly list each of these substances to avoid confusion . Employees who are taking prescription drugs, for which there is a potential unsafe side effect, should be required to report to their supervisor . The company should clearly list the controlled substance and its cutoff level in its policy . For example, ethanol alcohol the cutoff is 0 .03 g/dl .
15.3.4 Which employees will be tested?
Companies cannot be discriminatory, hence, “all” company employees should be tested . On a con- struction project, general contractors should require all subcontractor and sub-tier subcontractor em- ployees to undergo drug and alcohol testing . General contractors should also consider project owner representatives and other personnel who will be present on the jobsite . Will they be tested as part of the project drug and alcohol testing policy? What about the vendors and suppliers?
3 Substance Abuse and Mental Health Services Administration, Office of Applied Studies . Worker substance use and workplace policies and programs . Available at: http://www.oas.samhsa.gov/work2k7/work.htm#High . (Accessed November 17, 2014)
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15.3.5 Who covers the cost of testing?
It is recommended that the employer cover the cost of testing regardless of test results . Some contrac- tors require the employees to pay for return-to-work testing after a verified positive test result . The policy should also indicate who covers the cost for the time an employee spends testing . On a typical project, the testing cost might be built into the project budget that is ultimately paid by the owner . In some cases, when it involves union workers, collective bargaining agreement might address the pay- ment issues related to drug and alcohol testing .
15.3.6 When (what circumstances) will the tests be conducted?
At a minimum, industry best practices recommend that the employees should be tested under the fol- lowing circumstances:
o Pre-employment/Pre-hire o Jobsite or project transfer o Return-to-work testing
o Reasonable Suspicion/Probable cause o Random
o Post-Accident
15.3.7 What is the policy for employees who refuse to submit to the test?
The best practice should be to consider refusal to test as a positive result (the employee failed the test), and the employee should not be considered for employment by the company .
15.3.8 What are the testing procedures and protocols?
Before initiating any drug and alcohol testing for employees, it is critical to establishing effective drug and alcohol testing policies and procedures . It should be reminded that the company should con- sult with their attorney . The Department of Health and Human Services (DHHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) has published standards and guide- lines regarding testing protocols . Contractors should refer to these guidelines when developing their testing procedures or protocols .
15.3.9 Who is allowed to access the results of a drug and alcohol test? How will the company ensure con- fidentiality of the test results?
Test results are extremely sensitive since it involves employee privacy . All information regarding the tests should be treated in a confidential manner in accordance with applicable laws unless otherwise permitted upon the written consent of the employee .
15.3.10 How will the company select a licensed/certified laboratory? Does the lab meet all applicable state and federal licensing requirements? Does the lab have properly written testing protocol including a clear chain-of-custody? Does the lab have a protocol in place to prevent adulteration or substitution of specimens in the case of urinalysis?
The Substance Abuse and Mental Health Services Administration (SAMHSA) maintains an archive of monthly certified lab lists as recorded in the Federal Register, which can be accessed at http://www .
samhsa .gov/workplace/lab-list . Use of HHS/SAMSHA approved laboratories, and medical facilities are recommended . In some cases, mobile testing laboratories are also used, mostly for post-accident testing, when the hospital does not have testing facilities . The company should ensure any use of mo- bile testing facilities should follow all applicable local, state, and federal requirements .
15.3.11 Is there any Employee Assistance Programs (EAP) available to the workers?
The policy should state the employee responsibilities to seek treatment through the company’s EAP program if any .
15.3.12 Is your company subject to state and certain Federal regulations, such as the U.S. Department of Transportation’s (DOT) drug testing rules? Is the company substance abuse policy compliant with these requirements?
Employees who operate commercial motor vehicles should be tested in accordance with the Federal Department of Transportation (DOT) regulations and other applicable state DOT regulations .
15.3.13 How will the workers and their supervisors be trained on the company’s substance abuse pro- gram? What are the topics that these training should cover?
Employee education and supervisor training should be an important component of a workplace sub- stance abuse program . Employee training should address:
ο The importance of training
ο Dangers of substance abuse in the workplace ο Company policy
ο The penalties due to non-compliance, and information about employee assistance programs, substance counseling programs and services, and substance abuse rehabilitation programs All company supervisors and management should also be trained to assist in identifying and address- ing workplace substance abuse such as:
ο Supervisor roles and responsibilities with the program implementation and enforcement ο Signs and symptoms of use of drugs and alcohol
ο Procedure to handle a non-compliant employee ο Resources regarding employee assistance programs
All employee and supervisor training should be documented (agenda, training content, attendee sign- up sheet) to verify understanding of the company substance abuse program .
15.3.14 If your company provides a general contracting service, will the company accept drug and alco- hol testing conducted by your subcontractors or unions through their substance abuse program?
This should also be considered as part of your policy . For example, some labor unions have their drug and alcohol testing program and issue proof of testing in the form of cards . These cards are valid for six months .