Creating a Drug and Alcohol policy

Key points to include

When developing your drug and alcohol policy, you must cover certain elements. These items include the policy basics, such as:

• Reference to the Drug-Free Workplace Act of 1988, if applicable
• Rules prohibiting the use, possession, solicitation for, or sale of alcohol, drugs, or related paraphernalia on company property (consider defining “company property”)
• Zero tolerance for working under the influence
• Policies / procedures related to prescription medications
• Testing policies (e.g., pre-employment, post-accident, reasonable suspicion, random)
• Consequences, including possible criminal enforcement

In addition to the compulsory items above, you should maintain an employee-first focus by covering the following:

• Resources for employees seeking treatment
• Leave options related to rehabilitation
• Prioritization of health, safety, and security at work, including while driving
• Relevant links such as https://www.samhsa.gov/find-help/national-helpline

This policy might be longer than most, but there are many factors to consider when creating a policy related to drugs and alcohol. Read more policy guidance offered by the Substance Abuse and Mental Health Services Administration.

Why it matters

As long as your policy promotes workplace safety and employee well-being above all, most employees will understand the need for it. However, it’s still important that you articulate the rationale behind your policies and procedures so employees don’t think you’re just being authoritative because you can. Before you get into the nuts and bolts of your policy, START the policy with the why behind it.

The intro to your drug and alcohol policy may go a little something like this:

We prioritize workplace safety and employee well-being. In an effort to create the optimal working environment, we maintain a drug and alcohol free workplace. This policy outlines our expectations and, more importantly, offers information to help employees who are struggling with substance misuse.

What’s trending

Keep in mind that your drug and alcohol policy may also need to include specific information based on geography. For example, does your company operate in states where recreational marijuana use is legal? What about legality for medical purposes? At the time of this post, 18 states have legalized recreational cannabis use, and 37 states allow medical cannabis use. The landscape continues to evolve, so it’s imperative that you keep up with the latest laws and the most recent court cases. The National Conference of State Legislatures provides a useful resource highlighting the marijuana laws by state.

In addition to location-based regulations, federal rules require substance testing — including for marijuana usage for certain types of employees, like truck drivers for instance. Drug use policies must be enforced for certain employers, such as federal agencies and companies with federal contracts and grants.

Simply put, your drug and alcohol policy should be reviewed regularly to ensure it remains up to date.

Additional notes

Link to relevant handbook policies, such as:

• Workplace Safety
• Employee Resource Program
• Leaves of Absence
• Open Door Policy

While you’re perfecting your handbook, check out some other Blissbook content focused on policy creation:

• How to Write Policies & Procedures
• How to Write a Culture-First Employee Handbook