Affordable Drug Policies From InOut Labs

Have InOut Labs create a custom workplace drug and alcohol testing policy.

It’s important to document in writing all policies, procedures and consequences.

In many cases, a written drug-free workplace policy is required by federal regulations, or in order to qualify for insurance discounts or government contracts.

If your organization is regulated by the US Department of Transportation (US DOT), a written drug policy is required, and has specific requirements.

For example, an FMCSA policy must address all 12 points here.

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Video: Why You Need a Written Drug-Free Workplace Policy?

DOT Drug-Free Workplace Policy

FMCSA $249; PHMSA, FTA or FAA $449 (Discounted for InOut Labs clients)

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Non-DOT Drug-Free Workplace Bundle
$495

Each state has its own specific requirements and some impose limitations on employee drug testing, so employers need to make sure their drug-free workplace policies comply with applicable regulations. If you operate in more than one state, you need to make sure to comply with each state.

What’s Included?

Each DOT Authority has its own specific requirements regarding what must be addressed in an employer’s written substance abuse policy. Testing is required for marijuana, cocaine, amphetamines, opioids, and phencyclidine (PCP). Some agencies also require random testing for alcohol.

All agencies require testing for the following reasons: Pre-employment, Random, Post-accident, Reasonable Suspicion, Return-to-duty and Follow-up.

Employers’ written policies must satisfy specific requirements described by the DOT as well as those prescribed by the agency under with the employees operate. But the employers may (and should) describe the employer’s policy on consequences violations of the policy, and for certain types of events, like shy bladder, refusals to test, second chance agreements and negative-dilute results.

FMCSA (Federal Motor Carrier Safety Administration)

The primary focus is on ensuring that commercial drivers do not operate vehicles under the influence of drugs or alcohol.

Employers are required to conduct pre-employment, random, post-accident, reasonable suspicion, and return-to-duty drug and alcohol testing.

FAA (Federal Aviation Administration)

The FAA regulates drug testing for aviation employees, including pilots, air traffic controllers, and aviation maintenance technicians.

The FAA has specific procedures for conducting drug tests, including post-accident and reasonable suspicion testing.

PHMSA (Pipeline and Hazardous Materials Safety Administration)

PHMSA oversees drug testing for employees in the pipeline and hazardous materials industries.

A PHMSA drug and alcohol policy is called a Drug Plan and an Alcohol Plan, which may be combined. Random testing for alcohol is not permitted under PHMSA but is may be for conducted reasonable suspicion and post-accident.

FRA (Federal Railroad Administration)

FRA is responsible for regulating drug and alcohol testing for railroad employees.

FRA mandates pre-employment, random, post-accident, reasonable suspicion, and return-to-duty drug testing and has different testing rates for Maintenance of Way, Hours of Service and Mechanical Workers.

FTA (Federal Transit Administration)

The FTA oversees drug and alcohol testing for employees in the public transit industry, including bus and subway operators.

Testing includes pre-employment, random, post-accident, reasonable suspicion, and return-to-duty testing.

One customized drug testing policy

The policy will meet all the requirements of the state where your office is headquartered.

One online supervisor training or DER training course

Supervisors need to understand the signs and symptoms of drug and alcohol use and abuse in the workplace, and what to do when they have a “situation.” And DERs (Designated Employer Representatives) are the drug and alcohol program managers and need to understand their roles.

One single-state subscription to Current Compliance

Current compliance is the industry’s only comprehensive online database of state laws that impact workplace drug testing, including workers’ and unemployment compensation regulations and marijuana laws.

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You May Need A Written Policy If

Your company is required to by Federal regulations, such as companies regulated by the US DOT.
Your company has a Federal Grant or you have a Federal Contract
It is required by a State law or State agency regulations
It is required by a State program granting your company a discount on workers compensation insurance
A company you partner with requires it.
A client requires it
Your workers compensation insurance company requires one.
You want to limit exposure to liability in your drug testing program
You want to be able to deny unemployment benefits when you terminate an employee for a refusal to test or a positive test.
You want to be able to deny workers compensation benefits following an accident when an employee refuses to test or tests positive.

Key Elements Of An Effective Drug-Free Workplace Policy

How does the organization define substance abuse?
What employee behaviors are expected?
What substances and behaviors are prohibited?
Who is covered by the policy?
When will the policy apply? (For example, will it apply during work hours only, or also during organization-sponsored events after hours?)
Where will the policy apply? (For example, will it apply in the workplace, outside the workplace while workers are on duty, in organization-owned vehicles while workers are off duty?)
Who is responsible for carrying out and enforcing the policy?
What types of drug and alcohol testing will be required?
Are any employees covered by the terms of a collective bargaining agreement, and, if so, how do the terms affect the way the policy will be carried out and enforced for those employees?

A Well-Designed Policy Will Include Provisions For

Pre-employment testing
Reasonable suspicion testing
Post-accident testing
Return-to-duty process
Random testing requirements

Common Questions Include

Why do we need a drug free workplace policy?

Who is covered by the policy?

When will the policy apply?

What behaviors are prohibited?

Are employees required to notify supervisors of drug-related convictions?

Does the program include drug testing? And if so:

Who gets tested?

When are drug tests given?

Who does the drug testing?

Who pays for drug testing?

What steps are taken to ensure the accuracy of the drug tests?

What are the legal rights of employees who test positive?

Are there second chance agreements?

What type of assistance is available to employees needing help?

How is employee confidentiality protected?

Who is responsible for enforcing the policy?

Who is responsible for answering any questions?

The above questions are all addressed when you work with InOut Labs to create a written drug free workplace policy for your organization. A custom policy is created based on your organization’s specifications and regulations you are required to follow.

We can create a custom drug free workplace policy for every state. Policies are also written for state Drug Free Workplace programs for many states including: Alabama, Arkansas, Florida, Georgia, Idaho, Mississippi, Ohio, South Carolina, Tennessee, Virginia and Wyoming.

As with any Company policy, have your legal expert review your final draft of your drug free workplace policy before implementation.