It’s the responsibility of the employer to promote a safe working environment, which means handling problems with illegal drugs as they arise.
According to a recent, alarming statistic, it’s estimated that of the 14.8 million Americans who use illegal drugs, 70 percent are employed. Those employees cost businesses an estimated $81 billion annually. Decreased productivity and a higher risk for injury are just two of the things contributing to the high cost for employers.
In the past year, 11.6 percent of construction workers have used illicit drugs. Of that group, 14.3 percent admitted to having a substance abuse disorder. Among the construction, manufacturing and healthcare industries, the construction industry has the greatest number of illicit drug users.
When employees are under the influence of drugs, the environment becomes dangerous, not only for the employee, but for their coworkers around them, as well as the general public. In virtually every construction job, the lives of others are dependent on workers being fully coherent on the job.
It’s the responsibility of the employer to promote a safe working environment, which means handling problems with illegal drugs as they arise.
Implementing a company drug testing policy
The three most imperative things to consider when implementing a company drug testing policy include:
- the policy should be in writing and discussed with all employees;
- the policy should be consistently enforced; and
- the policy should be reviewed with employees at the time of hire.
While there are numerous items that can be included, the best policies explain:
- a statement of the employer’s policy respecting drug and alcohol use by employees;
- a description of those employees or prospective employees who are subject to testing;
- the circumstances under which testing may be required;
- the substances as to which testing may be required;
- a description of the testing methods and collection procedures to be used;
- the consequences of a refusal to participate in the testing;
- any adverse personnel action that may be taken based on the testing procedure or results;
- the right of an employee to obtain the written test results;
- the right of an employee to explain, in a confidential setting, a positive test result; and
- a statement of the employer’s policy regarding the confidentiality of test results.
It’s important to note that each state or county may have more restrictive guidelines for a drug free policy.
Identifying special roles
An integral part of the policy involves identifying safety-sensitive positions. A safety-sensitive position is one in which the employee has responsibility for his or her own safety or other people’s safety. The drug testing policy should clearly indicate which positions are considered safety-sensitive.
It should also define the expectations of safety-sensitive positions, including prohibitions such as legal use of narcotics. Companies must make sure they are in compliance with local and state laws regarding prescribed narcotics and safety sensitive positions. In some states, an employer must make reasonable accommodations for employees who are in safety-sensitive positions and have been prescribed a legal narcotic.
Opioids and workers’ compensation
The primary concern with workers’ compensation injuries is getting an employee back to work as soon as possible. However, after an injury, painkillers, which impair judgement, are commonly prescribed. If the employee is taking such a painkiller the employee may increase the likelihood of hurting themselves or others. Furthermore, if an employee is prescribed painkillers or other medication for a compensable injury, and becomes addicted, the rehabilitation treatment is typically compensable.
Prevent one injury from causing another
Employers should consider fit for duty testing. This type of testing establishes if an injured employee can perform light duty tasks without signs of cognitive dissonance.
Additionally, businesses should establish a relationship with the medical provider treating workers’ compensation injuries. They can be provided with light duty job descriptions, enabling them to select a safety-sensitive or non-safety-sensitive position for when the employee returns to work. Employers can also ask the medical provider how frequently, and why, they have prescribed opioids outside of the Centers for Disease Control and Prevention’s guidelines for opioid prescriptions.
If the returning employee will be entering a safety-sensitive position, be sure to establish an open line of communication among the employer, employee and the employee’s doctor to determine specifically if the medications the employee is taking will impact the ability to perform job duties. Also, suggest to the employee that he ask for a prescription strength nonsteroidal anti-inflammatory drug in lieu of an opioid painkiller. Commonly known as NSAID, the alternative prescription can be just as effective.
Post-accident drug testing
As a reminder, in December 2016, the Occupational Safety and Health Administration issued a new rule that prohibits employers from retaliating against employees that report illnesses or injuries. OSHA does not prohibit employers from drug testing if there is an “objectively reasonable basis” that some kind of alcohol or drug use could have cause the injury. The recent update was intended to eliminate post-accident processes that could be construed as discriminatory. One of the eliminated provisions was specified as “blanket” post-accident drug testing which could potentially be used by employers to ensure that employees did not report accidents in the workplace to OSHA.
As the current opioid epidemic continues to affect the construction industry, employers must proactively prepare and appropriately react to drugs in the workplace. By creating a drug testing policy that best fits the company’s management philosophy and address its largest concerns, the company has the potential to contain illicit drug use.
