HR Management & Compliance

Does Your Drug Policy Work for Your Industry?

By Tim Thoelecke

Marijuana legalization in many states is catching the attention of human resources professionals nationwide and is drawing attention to all drug use. Drug use poses a serious threat to employee safety and productivity, and illicit drug use often results in greater absenteeism, decreased productivity, and more.

In fact, an estimated 23.9 million Americans currently use illicit drugs. Two-thirds of those are employed, and they may be working for you! Plus, there is a lot of noise out there when it comes to substance abuse and the workplace, and many businesses just aren’t sure what the best course of action is.

Smaller businesses (those with fewer than 500 employees) are the most vulnerable. This is because often they are less likely to test, making them more likely to have drug users. Of course, smaller businesses also pay more for impaired workers in terms of the cost of worker’s compensation, time lost, inventory shrinkage, and accidents.

But, it’s more than that. When work is performed poorly, there can be legal liabilities or dissatisfied customers. Lost time, money, and resources to fix errors can have a bigger impact on a small company. That’s why it’s imperative to have an effective drug-testing policy. A written drug policy should reflect the type of business you’re in.

Here is a very general breakdown with recommendations for each specific type of industry:

Trucking companies, towing companies, school bus drivers, and movers—Companies whose employees have Commercial Driver’s Licenses (CDLs) fall under the authority of the U.S. Department of Transportation (DOT). These companies are required by law to have a drug-testing program. The DOT has several modes, but most fall under the Federal Motor Carrier Safety Administration (FMCSA).

Each year, 50% must undergo random drug testing, and 10% must be randomly tested for alcohol. Some larger trucking companies have also added hair testing to the mandated DOT urine test and have improved safety by increasing detection of illicit drugs by a factor of 10 or more.

Cleaning services, pest control companies, and auto parts suppliers—Companies with fleets of vehicles and employees who often work inside clients’ homes and businesses are at risk. Certainly, an auto accident involving an impaired employee will cost the employer big, but there’s also the pilferage concern.

Drug habits are expensive. Do you really want to receive a phone call about a missing laptop or necklace? For companies like this, preemployment drug tests, criminal background checks, and random drug testing are recommended.

Construction, contractors, plumbers, electricians, roofers, warehouse workers, fork lift operators, and manufacturers—Safety is of utmost importance in these types of businesses, as those under the influence can harm not only themselves but also their coworkers as well. On-the-job injuries are the biggest concern when businesses consider a drug-testing program.

That’s why with these types of businesses, it is recommended that they more-or-less model what the DOT requires of truck drivers, airline pilots, and rail employees: a program that includes preemployment, post-accident, reasonable suspicion, and random drug testing. If employees work inside people’s homes or businesses, a criminal background check is a good idea too.

Restaurants, retail, and other businesses that handle cash—Drug testing helps reduce turnover, reduce pilferage, improve safety, and reduce worker’s comp premiums and claims. In fact, up to 80% of losses from theft and inventory shrinkage in the workplace come from substance-abusing employees—far more than shoplifters or burglars.

Restaurants are particularly vulnerable if they don’t have a drug-testing program in place; if word spreads, the absence of a drug-testing program will tell abusers that this company is a good place to hide. With safety as less of an issue, a preemployment drug test and criminal background check will be enough for most of these employers.

Professional offices: attorneys, doctors, bankers, nurses, and accountants—Many feel as though these professions are exempt. These folks don’t do drugs … or do they? In fact, many higher-income workers in these types of professions abuse alcohol and often become addicted to prescription drugs and cocaine. Is their usage less frequent than other professions? Probably! But, a doctor who drinks on the job or a nurse who gets into the narcotics cabinet can do a lot of harm.

Likewise, a banker or accountant can cause serious damage to a business with only a few errant spreadsheet entries or with inappropriate use or disclosure of confidential client information. Certainly, a criminal background check should be part of the onboarding process, but you might consider running one every year. It’s not likely an employee would report a DUI at work, and that might be important for the company to know about. And, as always, definitely include drug testing.

Tomorrow, more from Tim Thoelecke. Plus, an introduction to HR.BLR.com.

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