Drug- and Alcohol-free Workplace

Organizations are often interested in protecting the safety, health and well-being of all employees and other individuals in the workplace. Considering that substance abuse can adversely affect an organization’s goals, it is usually beneficial to include a drug-free & alcohol-free workplace policy in an employee handbook. Sometimes called a substance-free workplace policy, the wording should be tailored to meet your organization’s needs and be consistent with your organization’s beliefs.

Sample Policy:
Drug-Free & Alcohol-Free Workplace

[Name of organization] is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace. We recognize that substance abuse poses a significant threat to our goals. Our health and safety initiatives balance our respect for all individuals by maintaining a workplace environment that is free of drugs, alcohol, vaping, and all forms of tobacco. [Name of organization] encourages employees to voluntarily seek help with drug, alcohol, or tobacco problems.

Covered Workers

Any individual who conducts business for the organization, is applying for a position, or is conducting business on the organization's property is covered by this substance-free workplace policy (also known as a drug-free & alcohol-free workplace policy). Our policy includes, but is not limited to, all regular and temporary, full-time employees, part-time employees, off-site employees, and interns.

Applicability

Our substance-free workplace policy is intended to apply whenever anyone is representing or conducting business for [name of organization]. Therefore, this policy applies during all working hours, as well as whenever a person is on call or paid standby. It also governs behavior while individuals are on the organization’s property and at organization-sponsored events. Covered workers are prohibited from the following activities:

• Using, possessing, buying, selling, manufacturing, or dispensing an illegal drug (including possession of drug paraphernalia).
• Being under the influence of alcohol or an illegal drug (as defined in this policy).
• Consuming alcohol during the organization’s business or while attending organization or industry events.
• Using tobacco or vaping products while on the organization’s property or while attending the organization or industry events.

Prohibited Behavior

It is a violation of our substance-free workplace policy to use, possess, sell, trade, and/or offer for sale illegal drugs, or intoxicants. Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician’s prescription. If you are taking prescribed or over-the-counter medications, you are responsible for consulting the prescribing physician and/or pharmacist to determine whether the medication may interfere with the safe performance of your job. The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of our substance-free workplace policy to intentionally misuse or abuse prescription or over-the-counter medications.

Notification of Convictions

If you are convicted of a criminal drug violation in the workplace, you must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified, when appropriate.

Consequences

One of the goals of our substance-free workplace policy is to encourage you to voluntarily seek help with alcohol, tobacco and/or drug problems. However, the consequences are serious if you violate the policy. If a job applicant violates the substance-free workplace policy, an employment offer can be withdrawn. However, the applicant may reapply after 12 months.

If you violate the policy, you will be subject to disciplinary action deemed appropriate by the organization and may be required to enter rehabilitation. If you are required to enter rehabilitation but fail to successfully complete it and/or repeatedly violate the policy, you will be terminated from employment. Nothing in this policy prohibits you from being disciplined or discharged for other violations and/or performance problems.

Return-to-Work Agreements

Following a violation of the substance-free workplace policy, you may be offered an opportunity to participate in rehabilitation. In such cases, you must sign and abide by the terms set forth in a Return-to-Work Agreement as a condition of continued employment.

Assistance

[Name of organization] recognizes that alcohol, tobacco, and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our substance-free workplace policy, [name of organization] encourages you to seek help if you are concerned that you or your family members may have a drug, tobacco, and/or alcohol problem. Treatment for alcoholism, tobacco, and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to you.

Confidentiality

All information received by the organization through the substance-free workplace policy is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies.

Shared Responsibility

A safe and productive substance-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play.

You are required to not report to work or be subject to duty while your ability to perform job duties is impaired due to on- or off-duty use of alcohol or other drugs. In addition, employees are encouraged to report dangerous behavior to your supervisor. It is the supervisor’s responsibility to:

• Report any violations to the human resources department.
• Clearly state consequences of policy violations.

Communication

Communicating our substance-free workplace policy to both supervisors and employees is critical to our success. To ensure you are aware of your role in supporting our substance-free workplace:

• You will receive a written copy of the policy.
• The policy will be reviewed in orientation sessions with new employees.
• The policy will be posted at all the organization’s locations.
• While on the organization’s property, all visitors and vendors are expected to comply with this policy. Employees should communicate these expectations to their guests prior to the event.

Definitions

"Organization’s Property" includes but is not limited to, all buildings, offices, facilities, grounds, parking lots, lockers, places, and vehicles owned, leased or managed by [name of organization] or on any site on which the organization is conducting business.

“Illegal Drug” means a substance whose use or possession is controlled by federal, state, or local law but that is not being used or possessed under the supervision of a licensed health care professional.

“Under the Influence of Alcohol” means either of the following:

• An alcohol concentration equal to or greater than .04 percent.
• Actions, appearance, speech, or bodily odors that reasonably cause a supervisor to conclude that you are impaired because of alcohol use.

“Under the Influence of Drugs” means a confirmed positive test result for illegal drug use per this policy. In addition, it means the misuse of legal drugs (prescription and possibly over-the-counter) where there is not a valid prescription from a physician for the lawful use of a drug in the course of medical treatment. Any medicine containers in an employee’s possession must include the employee’s name, the name of the substance, the quantity or amount to be taken, and the period of authorization.

“Tobacco,” for the purpose of this policy, means any form of tobacco-based product: cigarettes, cigars, smokeless tobacco, and any form of vaping product.

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

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