Navigating Employer Questions About Drug-Free Workplace Policies

Written by Eric Washkuhn, from the prospective of an Occupational Health Clinic Administrator:

I frequently engage with employers seeking clarity about drug-free workplace policies. These conversations often begin with questions that blur the line between healthcare and legal advice—territory I aim to tread carefully. Nevertheless, such inquiries are vital, underscoring the challenges employers face in balancing workplace safety, regulatory compliance, and fairness.

Common Employer Questions

Among the most frequent questions I encounter are:

• “Am I liable for a workers' compensation injury if the employee was under the influence of alcohol or drugs?”
• “Do I need to drug test all employees, or can testing be limited to specific roles based on job duties?”

These are significant concerns, rooted in legal and ethical considerations. While I can guide employers on healthcare-related aspects—such as testing protocols and best practices in occupational health—addressing legal liability or drafting policies lies beyond my purview.

Broader Concerns Employers Face

The questions employers ask often extend beyond the surface, touching on critical issues like legal risks, implementation strategies, and practical considerations:

• “Can I terminate an employee who tests positive? Am I required to offer counseling or rehabilitation?”
• “What should I include in a drug-free workplace policy to ensure compliance?”
• “How do I balance random drug testing with anti-discrimination laws?”
• “What are my options if an employee refuses a test?”

Other topics include post-incident testing, managing prescription drug use in safety-sensitive roles, and complying with industry-specific regulations. These inquiries highlight the delicate interplay between ensuring workplace safety and adhering to legal and ethical standards.

Integrating Healthcare and Legal Expertise

At Integrated Care, we focus on the healthcare side of workplace safety. We provide drug testing, physical exams, and occupational health services to support employers in fostering safer environments. However, healthcare is just one piece of the equation. Legal expertise is critical to ensure compliance and safeguard both employers and employees.

This is where collaboration is key. Employers benefit from working with legal professionals who specialize in employment law to navigate these complexities.

Why This Matters

A robust drug-free workplace policy isn’t just about meeting regulations—it’s about fostering a safe, productive environment for all employees. Employers need clear, actionable guidance to implement policies, conduct testing, and address liability concerns. This is not an area to approach lightly or without proper resources.

When employers request help beyond my scope—like drafting policy templates or offering legal advice—I immediately refer them to an expert.

Knowing When to Call in the Experts

In these moments, I emphasize the importance of seeking legal counsel. I’m fortunate to know one of the best in the field: Marcia Washkuhn, an employment law attorney at Kutak Rock. Marcia specializes in:

• Drafting and updating drug-free workplace policies
• Aligning drug testing protocols with job descriptions and safety needs
• Ensuring compliance with state and federal laws

For employers grappling with these challenges, she provides the expertise necessary to create and maintain effective workplace policies.

I encourage anyone needing tailored guidance on workplace policies, compliance, or employee handbook updates to contact Marcia at ?? [email protected]. Her expertise is an invaluable resource for navigating these critical issues.

Final Thoughts

Creating a drug-free workplace is a significant responsibility. It requires a thoughtful balance of healthcare, legal knowledge, and practical implementation. While clinics like ours provide the testing and occupational health services you need, partnering with legal professionals ensures your policies and procedures are comprehensive, compliant, and built to endure.

-Eric Washkuhn Clinic Administrator, Integrated Care