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DOL Home > Compliance Assistance > By Topic > Safety and Health > Drug-Free Workplaces |
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Safety and Health in the Workplace: | |
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Drug-Free
Workplaces
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Employers can protect their businesses from the negative effects of substance abuse in the workplace by developing drug-free workplace programs that educate employees about the dangers of alcohol and drug abuse and encourage individuals with related problems to seek help. The U.S. Department of Labor's (DOL) Working Partners for an Alcohol- and Drug-Free Workplace Web site provides employers with free resources and tools to help establish and maintain such programs in order to help protect worker safety and health. However, drug-free workplace programs are not required by any DOL laws or regulations, and DOL does not administer the Drug-Free Workplace Act of 1988.
COMPLIANCE ASSISTANCE MATERIALS
- Working Partners for an Alcohol- and Drug-Free Workplace - A U.S. Department of Labor initiative that raises awareness about the impact drugs and alcohol have on the workplace and provides information on how to establish drug-free workplace programs that protect worker safety and health.
- Working Partners Training and Educational Materials - Working Partners offers a variety of resources, such as presentation materials, articles and fact sheets, and posters, to help employers provide drug and alcohol education in the workplace.
- Symptoms and Intervention Techniques (for supervisor audience) - Provides information for supervisors and managers on how to recognize performance and behavior problems that may be related to substance abuse in the workplace.
- General Workplace Impact (for general employment audience) - Provides information and statistics on how substance abuse affects the workplace.
- Information and statistics are also available on the following industries:
- elaws Drug-Free Workplace Advisor - Explains how to establish an alcohol- and drug-free workplace and comply with the Drug-Free Workplace Act of 1988.
- Drug-Free Workplace Act of 1988 - Requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a federal agency. This Act is not administered by DOL, but rather by federal agency heads in accordance with the Federal Acquisition Regulation and applicable agency procedures.
- Americans with Disabilities Act (ADA) and Rehabilitation Act of 1971 - Under certain circumstances, someone with a history of alcoholism or drug addiction may be considered a qualified individual with a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Rehab Act). These Acts prohibit discrimination against employees and applicants with disabilities by covered organizations. The Equal Employment Opportunity Commission (EEOC) administers and enforces the relevant section of the ADA, while DOL’s Office of Federal Contract Compliance Programs (OFCCP) has authority over Section 503 of the Rehab Act.
- Occupational Safety and Health Administration (OSHA) - Although not required by its regulations, OSHA, the DOL agency charged with assuring the safety and health of America’s workers, strongly supports comprehensive drug-free workforce programs, especially within certain workplace environments, such as those involving safety-sensitive duties like operating machinery. OSHA created a Workplace Substance Abuse Safety and Health Topics page to provide information on the value that drug-free workplace programs add to safety and health as well as links to resources to assist in implementing such programs.
- Fair Labor Standards Act (FLSA) - Whether or not time spent taking a drug test must be paid time and whether or not an employee can pay for the drug test is subject to the FLSA, the federal labor law that establishes minimum wages, overtime pay, record keeping and child labor standards for private sector and state and local government workers. The FLSA is administered and enforced by the DOL Employment Standards Administration's Wage and Hour Division (WHD).
- Office of National Drug Control Policy (ONDCP) - The principal purpose of Office of the National Drug Control Policy is to establish policies, priorities, and objectives for the nation's drug control program, the goals of which are to reduce illicit drug use, manufacturing, and trafficking; drug-related crime and violence; and drug-related health consequences.
- Substance Abuse and Mental Health Services Administration (SAMHSA) – Provides information about the Federal government’s drug-free workplace program and guidance for employers on drug-testing procedures and technologies, as well as other drug-free workplace issues.
- U.S. Department of Transportation's (DOT) Office of Drug and Alcohol Policy and Compliance (ODAPC) - ODAPC provides expert advice to industry representatives regarding implementation of the controlled substances and alcohol testing rules.
- National Institute on Drug Abuse (NIDA) - The mission of the NIDA is to lead the nation in using the power of science to combat on drug abuse and addiction.
- Office of the Assistant Secretary for Policy
Working Partners for an Alcohol- and Drug-Free Workplace
200 Constitution Avenue, NW
Room S-2312
Washington, DC 20210
E-mail: webwp@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365), or 202-693-5919
TTY: 1-877-889-5627
Fax: 202-693-5961 - For questions on DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
Tel: 1-866-4-USA-DOL
TTY: 1-877-889-5627
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.
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