Drug-free Workplace Policy Templates

The following policy templates should not be construed as legal advice. Its purpose is to illustrate possible language and highlight considerations that arise when implementing a drug-free workplace policy and program. Always consult with an attorney and other relevant professionals before implementing a policy.

Comprehensive Policy Template

[Company name] is committed to providing a safe work environment and to promoting and protecting the health, safety and well being of our employees. This commitment is jeopardized when a(n) [Company name] employee engages in the use, possession, sale, conveyance, distribution, or manufacture of illegal drugs, intoxicants, or controlled substances or abuses prescription drugs or alcohol. Substance abuse is a significant public health problem which has a detrimental effect on the business community in terms of productivity, absenteeism, accidents, medical costs, theft, and worker’s compensation costs. Therefore, [Company name] has established the following policy:

  1. It is a violation of company policy for any employee to use or be under the influence of, possess, sell, convey, distribute, or manufacture illegal drugs, intoxicants, or controlled substances, or to attempt to do the same at any time while on or using company property, conducting company business, or otherwise representing the company.
  2. It is a violation of the company policy to use or be under the influence of alcohol at any time while on or using company property, conducting company business, or otherwise representing the company.

Guidance: Some companies choose to take out the words “use or” in the above paragraph before “be under” the influence. In that case, the company might want to define “under the influence” with a sentence like: “An employee shall be determined to be under the influence if the employee has a blood alcohol level of [.04%] or higher.”

Some companies may wish to exempt company-sponsored activities, which may include the serving of alcoholic beverages. If there are situations where a company wants to allow drinking at an event, on company property, or during work hours, add the words “except where specifically authorized by [appropriate title(s)].”

  1. It is a violation of the company policy for anyone to use prescription drugs illegally. However, nothing in this policy precludes the appropriate use of legally prescribed medications.

Guidance: Some companies add the words “and referral for criminal prosecution.” This is a strong deterrent statement that still allows you to determine your specific response on a case by case basis.

  1. Violations of this policy are subject to disciplinary action up to and including termination of employment.

Guidance: Some companies add the words “and referral for criminal prosecution.” This is a strong deterrent statement that still allows you to determine your specific response on a case by case basis.

The company values its employees and recognizes the need for a balanced approach to achieving a drug-free workplace. Our comprehensive program includes the following components:

Employee Education. The company will provide drug- and alcohol-awareness information to all employees. This will include the company’s policy on drug and alcohol abuse, information on the magnitude and dangers of drug and alcohol abuse, and the availability of counseling and treatment through the employee assistance program.

Guidance: If a company chooses not to have an employee assistance program, the words “local community resources” can be substituted.

Supervisory Training. Supervisors have a significant role in establishing and maintaining the company’s program. Their understanding and support are key factors in establishing a successful program. Supervisor training is not intended to train supervisors to be drug- or alcohol-abuse experts, counselors or to conduct medical evaluations.

Employee Assistance. The company recognizes that drug and alcohol abuse can be successfully treated and is committed to helping employees who suffer from these problems, while holding them responsible for their own recovery. [Company name] offers an employee assistance program (EAP) benefit for employees and their dependents. The EAP provides confidential assessment, referral, and short-term counseling for employees and their dependents who need or request these services. If the EAP determines a referral to a treatment provider is necessary, the cost may be covered by the employee’s medical insurance, but the employee is responsible for the costs of these services.

Guidance: If your company does not have medical insurance or substance abuse treatment is not covered by your insurance policy, change the last sentence to “If the EAP determines a referral to a treatment provider is necessary, the cost may not be covered by the employee’s medical insurance, so the employee is responsible for the costs of these services.”

If you are providing a resource file instead of an employee assistance program, change the second sentence to “[Company name] provides an assistance resource file employees can use to locate assistance.” After that sentence, replace all references from EAP to “assistance resource file” or “assistance resources” as appropriate.

Guidance: If your company is including drug testing as a component of its drug-free workplace program, insert a paragraph about your drug-testing philosophy at this point. Sample language for this is included in the Drug Testing section of the kit.

The company is balancing our respect for individuals with the need to maintain a safe, productive, drug- and alcohol-free environment. We are offering a helping hand to those employees who need it, while sending a clear message that the illegal use of drugs and the abuse of alcohol are incompatible with employment at [Company name].

Alcohol and Drug Testing Policy Template

Drug and Alcohol Testing. The purpose of drug and alcohol testing is to prevent the hiring of individuals who illegally use drugs, deter employees from abusing drugs and alcohol, and provide early identification and referral to treatment, when necessary, for employees with drug- or alcohol-abuse problems. [Company name] is committed to promoting and maintaining a drug-free work environment for all of its employees and to promoting and protecting the safety, health, and well being of its employees.

Guidance: Companies should delete the reference to “provide early detection and referral to treatment” if their policy is to terminate first-time offenders.

Guidance: Most companies develop a separate, detailed drug testing policy, which may include language similar to what is presented below. If you do not have a separate drug testing policy, you may want to include this type of information in your comprehensive policy. If you do have a separate drug testing policy, the paragraph above may be all you need in your comprehensive policy.

  1. The company will use the model collection and drug-testing standards, issued by the Department of Health and Human Services for federal government employees.
  2. Alcohol testing will be conducted using breath-testing instruments and procedures approved by the U.S. Department of Transportation or the Iowa Code.
  3. The following employee protections will be incorporated to ensure the accuracy and integrity of the testing program:
  • Only a Substance Abuse and Mental Health Administration-certified drug-testing laboratory will be used.
  • A strict chain-of-custody procedure will be used to ensure the integrity of each urine specimen.
  • The process will ensure individual privacy during the collection process and the confidentiality of test results.
  • All “positive” drug screens will be confirmed by a second test using a different chemical process, and only those samples which test positive on both the screen and the confirmation test will be considered a “positive.”
  • All confirmed “positive” test results will receive a professional medical review, which includes the opportunity for employees to explain the result.
  • Employees who test “positive” for the first time for drugs or alcohol will be offered the opportunity for treatment, except where independent grounds for termination of employment exists.
  • The refusal by an employee to take a drug or alcohol test is considered equivalent to a verified “positive” drug test and therefore subjects the employee to the same adverse employment actions up to and including termination of employment.
  1. Reason for testing:
  • Job Applicant. Testing that is conducted to prevent the hiring of individuals who illegally use drugs.
  • Post-Accident. Testing employees who are involved in on-the-job accidents or near accidents, or who engage in unsafe job-related activities that pose a significant danger to themselves, other employees, or the public.
  • Follow-up. Testing employees who have violated the company’s substance abuse policy, but were given the opportunity to keep their jobs conditioned on successful rehabilitation and no further “positive” tests.
  • Reasonable Suspicion. Testing that is conducted when there is information about an employee’s appearance, conduct or behavior that would cause a reasonable person to believe that the employee has used or may be impaired by drugs or alcohol.
  • Random. Testing conducted on a neutral selection basis with all employees subject to testing having an equal chance of being selected.

Guidance: Random testing is often reserved for employees in positions where the health and safety of themselves, other employees or the public may be at risk.