“Zero Tolerance” is not a Solution

Many businesses want to be tough on substance abuse, so they enact a zero tolerance substance abuse policy. Although these policies may remove that substance abuser from their workplace, they do little to address the issues of substance abuse in the community. Instead of offering a solution to substance abuse, these policies essentially just make it somebody else’s problem. There are some businesses for whom I do recommend a zero tolerance policy, but in general, I advise businesses to establish a more effectual Substance Free Workplace program. Here are some reasons that a zero tolerance policy is problematic: 1. Employees “work the circuit” Although it is possible for a job loss to prompt an individual to seek treatment, it is much more likely that he will simply seek new employment. As a result, employees who leave one workplace for substance abuse issues will often just end up in another workplace. The employer who fired that employee hasn’t eliminated the safety risks of an impaired worker, he has just sent them to a different location. Likewise, he may be employing individuals who have already been fired from another workplace. We often come across individuals who are “working the circuit” and moving from one place of employment to another while continuing to struggle with substance abuse. Substance abuse remains an issue for the business community. 2. Individual struggles An individual struggling with addiction needs support and resources to enter and sustain recovery. They may also need motivation and accountability. A workplace is able to meet all of these needs through an EAP program, health insurance, supervision, follow-up drug testing, peer support, etc. The employer is in a unique position to identify...

Don’t Let Legal Write Your Policy

You are probably adopting a substance free workplace program with a specific set of goals in mind. Your legal department or legal counsel has one goal: to protect you from liability. When tasked with writing a substance free workplace policy, their approach is to ensure that it complies with any local, state or federal regulations; is in compliance with employment laws; and has a low probability of being successfully challenged in court in response to any adverse action resulting from enforcing the policy. These are all very important points to consider when adopting a new substance free workplace policy, but they probably don’t address your goals in implementing a substance free workplace program or the practical considerations necessary to make it successful. Here are a few of the reasons why you shouldn’t ask legal to write your policy; They tend to avoid specific language. Policies written by an attorney often include vague language such as “up to and including termination,” “on a case by case basis,” “at the discretion of Human Resources.” In addition, they tend to allow for any type of drug testing, without committing to any, “may be asked to submit to pre-employment, random, reasonable suspicion, or post-accident drug testing.” The logic is that the business is able to do anything or nothing and still be in compliance with their policy. The problem is that isimpossible to influence behaviors without specific expectations and consequences. The best case scenario is that the policy is ineffectual; the worst case scenario is that the policy is applied discriminatorily. They don’t have specific expertise. Most lawyers do not have expertise in...

New Year’s Policy Purge

Is your Policy Handbook getting a little thick? When I’m asked to rewrite a company’s substance free workplace policy and they provide me with a handbook that is already 40 pages long, I start to feel a little guilty because I know that I am about to add at least a page or two. Then when I find the existing drug and alcohol policy right after the “Microwave and Coffee Machine Policy,” the guilt is quickly replaced by concern. It seems quite likely that the very important policy I am about to write will just get lost in the shuffle. You frequently add new policy, but how often do you purge the old? Here are some simple guidelines to follow when editing down your company policies: Is it a priority? If a policy doesn’t function to directly support the company’s profit, mission or culture, it probably doesn’t rise to “policy” status. Although parking may be of significant practical concern, it may not be policy-worthy. Another example may be a dress code policy. In some businesses, the manner in which the employees dress can very directly affect the company’s profit or culture, but in others it is less important. The first step in prioritizing your policies is to make sure that your business has a clearly defined mission, culture and path to profitability. Is it enforceable? To successfully implement a policy, there has to be explicit language regarding its enforceability. This language includes determining the ownership/responsibility of enforcing the policy and the consequences of not following the policy. Keep in mind that consequences are not necessarily punitive. You may have...