What to do if an employee is on drugs?

If you have a reasonable suspicion of an employee’s drug use, so long as you follow your state’s laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.

Do drug policies work?

Evidence shows that the criminalization of drug use and possession has little to no impact on the levels of drug use in an open society. Such policies do, however, encourage high-risk behaviors, such as unsafe injecting, and deter people in need of drug treatment from seeking it.

Can you get fired for suspicion of drinking?

That implies that an employer cannot fire an employee if he is an alcoholic or addict. The employer has to handle addicts like sick and disabled people, and treatment should be part of the employer’s strategy. However, being drunk at work constitutes misconduct and an employee can be dismissed.

Can you be fired for smelling of alcohol?

While you cannot be fired or unpaid for addiction treatment while employed, you and your company must meet the following requirements: You must have been employed with the company for at least 12 months. You must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave.

How to write a drug and alcohol policy?

Writing a drug test policy that complies with state laws is the first step toward achieving this goal, and while you can write the policy on your own or get help from an attorney, a legal expert

How to create a drug and alcohol policy?

Prepare and distribute a formal drug-free workplace policy statement. This statement should clearly prohibit the manufacture, use, and distribution of controlled substances in the workplace and spell out the specific consequences of violating this policy. Establish a drug-free awareness program.

Why do employers need a drug and alcohol policy?

Employers have a legal duty to protect employees’ health, safety and welfare. Understanding the signs of drug and alcohol misuse (or abuse) will help you to manage health and safety risk in your workplace, develop a policy to deal with drug and alcohol-related problems and support your employees. Misuse is not the same thing as dependence.

What is the current US drug policy?

In America, drug policy involves the laws that control the distribution and use of both prescription and illicit drugs. From the classification of drugs according to their potential for abuse to the legalization or decriminalization of certain drugs, drug policy has undergone many changes over the years. According to the Office of National Drug Control Policy, drug courts send someone to treatment instead of prison every four minutes.