Drug-Free Workplace Advisor

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Drug-Free Workplace Policy Builder

Section 8: What will be the consequences if your policy is violated?

The consequences of violating a drug-free workplace policy can range widely. Ideally, a program is designed to encourage anyone who uses drugs or abuses alcohol to seek help prior to it becoming a problem. Employees who have a problem with alcohol and drugs may have special protections under the Americans with Disabilities Act as well as under Section 503 of the Rehabilitation Act of 1973 as enforced by DOL's Office of Federal Contract Compliance Programs (OFCCP). They also may be eligible for Family and Medical Leave Act benefits. It is important to take these regulations into consideration when determining consequences. Employers are encouraged to design a drug-free workplace program in a way that deters drug and alcohol use and encourages rehabilitation.

The following selections address the consequences for applicants in pre-employment.

This statement will automatically appear in your policy.

One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious.

Select the options that you would like to include in your policy statement.

In the case of applicants, if he or she violates the drug-free workplace policy,
the offer of employment can be withdrawn and the applicant may:
(You must select one or the other.)

	Not reapply.
	OR
	Reapply after six months provided he/she has successfully passed a specified pre-employment drug test.
	Reapply after one year provided he/she has successfully passed a specified pre-employment drug test.
	Reapply after eighteen months provided he/she has successfully passed a specified pre-employment drug test.

If an employee violates the drug-free workplace policy, he or she will be:
(You must select one or the other.)

	Subject to progressive disciplinary action and may be required to enter rehabilitation. An employee required to enter rehabilitation who fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems.
	OR
	Terminated from employment.

You have completed Section 8 of the Policy Builder. You have 5 sections remaining.

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