Is Your Workplace Recovery Ready?

There are over 23 million Americans in recovery from substance abuse. Because many individuals choose to experience their recovery privately, it is important for every workplace to establish a culture and systems designed to support those in recovery. Not only are those in recovery a valuable asset to your workplace, but your workplace can serve as a valuable asset to their recovery. Additionally, many accommodations are required by the Americans with Disabilities Act. The most important step any employer can take to generate a recovery ready workplace is to eliminate all drug and alcohol use or distribution. Beyond that, follow these steps to support those in recovery: Provide Time: If an individual asks for time away from their immediate work duties for a recovery or wellness related activity (counseling, meetings, yoga, in-patient care, etc), provide it without any difficulty, consequences or questions asked. They are not asking for “time off.” The time spent at these types of activities will ultimately increase your employee’s productivity, not decrease it. Reduce Stress: Any steps you can take to reduce workplace stress will serve ALL employees, including those in recovery. There are many obvious stress reducing changes such as relaxing deadlines, quotas or work schedules. But there may be some less obvious changes that are unique to each place of employment , such as: increasing parking, adding a gym, or having a daycare. Find out what stressors exist in your workplace and take steps to eliminate them. Support a Clean Culture: Does your company’s social culture revolve around getting a beer after work? Is there alcohol at company functions and parties? It’s very...

“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...

Are You Prepared for Synthetic Drugs?

By now you’ve probably heard about synthetic marijuana and bath salts on the news. In fact, you may have even seen them for sale in convenience stores or online. These drugs are very frightening because of their unpredictable effects, and their easy availability. They also pose some unique difficulties for businesses because their chemical compositions are always changing. As a result, they may fall into a legal gray area and they are very difficult to test for. But, the effects of these drugs can be extreme (find more information at www.dea.gov) and present serious hazards to workplace health and safety. Prepare your workplace to address synthetic drugs by following these steps: Update Your Policy Although some of the compounds found in bath salts and synthetic marijuana are scheduled drugs, any given specimen may or may not contain those specific illegal substances. Even if an illegal substance is present, it would be very difficult to positively identify. As a result, policies whose definition of drug limits itself to “illegal or illicit substances” may not adequately cover synthetic drugs. It is important to include language referring to “use of impairing substances” in order to cover not only synthetic drug use, but inhalant use, as well. Have a Reasonable Suspicion Game Plan The typical course of a reasonable suspicion determination followed by a reasonable suspicion drug test will not adequately address the use of synthetic drugs. Just as the legality of synthetic drugs depends on certain chemicals being present, so does their ability to be detected on a drug screen. Additionally, most employers do not routinely test for synthetic drugs because they...

Stop Asking Too Much of HR

Don’t compromise the success of your substance free workplace program by asking too much of Human Resources. Often the most overtaxed and under-appreciated department in a company, human resources should not bear the sole burden of creating and implementing a substance free workplace program. On the other hand, a successful substance free workplace program will benefit HR by reducing disciplinary problems, reducing on the job injuries/accidents/incidents, and reducing employee turnover. Help HR experience the benefits of a substance free workplace without an unnecessary burden by following these guidelines. Outsource Trying to develop and implement a substance free workplace program entirely in-house is unnecessary and often inappropriate. There are aspects of a substance free workplace program that should always be handled by an outside company, including the drug and alcohol testing and any random drug test selections. Most of the other components (policy development, written procedures, supervisor and employee trainings, etc) are easily outsourced, as well. This isn’t to say that HR won’t be integral to the process, but they don’t need to do the time consuming work of putting policy to paper. They also can’t be expected to acquire the expertise necessary to create an effective, practical and legal policy. HR should bring the “big picture” perspective, ensuring that the policies and procedures: 1) reflect the company’s culture and values, 2) respect their employees, 3) fit with day to day operations. Let a substance free workplace professional handle the tedious details. Train the supervisors How often do supervisors answer policy related questions with, “that’s a question for HR?” As little as two hours of supervisor training on the front...