International Door & Operator Industry

NOV-DEC 2013

Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.

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LEGAL&LEGISLATION; By Ashley L. Felton Safran Law Offces Controlled Substance Regulation in the Workplace: Mandatory Drug & Alcohol Tests and other Considerations E mployee substance abuse is more than just a personal issue; it's a professional problem. The abuse of illegal drugs, prescription medicines and alcohol is closely related to higher workplace accidents, lower productivity, and increased workers compensation insurance premiums. According to recent Department of Labor statistics, drug use costs employers an estimated $75 billion to $100 billion per year. The American Council for Drug Education cites that substance abusers are ten times more likely to miss work than non-abusers, fve times more likely to fle a worker's compensation claim, and 33 percent less productive than non-using employees. Aside from issues with productivity, there are numerous safety and organizational concerns in the workplace that cause employers to suffer unnecessary costs. The construction industry is among the top three industries with the highest prevalence of illicit drug use and alcohol abuse. Therefore, having a drug policy on record for employees is a necessity for members to safely manage their workforces. The Drug-Free Workplace Act of 1988 The frst federal action to combat employee drug use dates back over two decades. In response to the Regan Administration's anti-drug campaign in the 1980's, Congress passed the 10 However, like with any employment policy, a controlled substance policy must meet state statutory standards and must balance concerns with the American with Disabilities Act (ADA). 50-State Survey of Drug and Alcohol Regulations Drug-Free Workplace Act in 1988. This bill required any employer in the United States with a federal contract and/or grants to establish a drug-free workplace policy. The act did not require drug testing by all employers, but it encouraged states to begin adopting statutes with similar requirements and started a nationwide trend among employers to voluntarily drug test employees and/or applicants under certain conditions. In a 2010 Society for Human Resource Management survey of 433 employers in the United States, 55 percent stated that their organization conducts some type of pre-employment drug testing. Of the 55 percent, 80 percent drug test employees based on a "reasonable suspicion" standard and 69 percent only test after an accident occurs. With nearly 14 million substance abusers employed nationwide, the need and desire to test employees has become an increasingly standard practice. International Door & Operator Industryâ„¢ By reviewing drug and alcohol policies of all 50 states, there are several trends to point out. First of all, because of the Drug-Free Workplace Act of 1988, nearly all 50 states require any government contractor to have a policy promoting a drug-free workplace with some level of mandatory drug testing requirements. The one exception is Colorado, which does not have a law governing controlled substance use in the context of employment. Most states do not require a private employer to drug test but assert various regulations that must be followed should a private employer elect to drug test employees. The four most prevalent trends in state controlled substance regulation laws are: (1) limitation of "approved" methodology, (2) written policies made available to employees with certain employee protections, (3) confdentiality of reporting and testing procedures, and (4) required drug testing for individuals working with children. Continued on page 13

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