What Is a Drug-Free Workplace Policy and Do You Need One?

Why a Written Policy Is Essential

A drug testing program without a written policy is not a program — it's an ad hoc practice that creates inconsistency, legal risk, and exposure to discrimination claims. The written policy is what employees agree to, what supervisors follow, and what you rely on if a challenge arises.

For DOT-regulated employers, a written policy is federally required. For non-DOT employers, it's the foundation of a defensible program.

What a Drug-Free Workplace Policy Must Cover

Scope

Clearly state who is covered — all employees, or specific positions? Applicants? Contractors? On-site vendors?

Prohibited Conduct

Define what is prohibited: the use, possession, sale, or distribution of controlled substances. Specify whether the policy covers conduct during work hours only, or also off-duty conduct that affects job performance.

When Testing Occurs

List the types of testing your program includes:

• Pre-employment
• Random
• Post-accident
• Reasonable suspicion
• Return-to-duty and follow-up

What Is Tested For

Specify the drug panel(s) used. Don't leave this vague — employees should know what they're being tested for.

Testing Procedures

Describe the collection process at a high level: where employees go, what identification is required, and how results are handled.

MRO Review

Explain that results are reviewed by a Medical Review Officer and that employees have the opportunity to provide prescription information.

Consequences of a Positive Result

Be specific and consistent:

• First-time positive: termination, last-chance agreement, mandatory EAP referral?
• Refusal to test: treated as a positive?
• Confirmed positive after RTD process: immediate termination?

Whatever you write, apply it consistently to every employee.

Employee Rights

Address how employees can contest results, what happens to disputed specimens, and any applicable state law rights.

Confidentiality

State that test results will be kept confidential and shared only on a need-to-know basis.

Communicating the Policy

Employees should receive a copy of the policy and sign an acknowledgment. New hires should receive it before their first day. Existing employees should receive updated copies whenever the policy changes.

Federal Contractor Requirements

If you receive federal contracts over $100,000, the Drug-Free Workplace Act requires you to:

• Publish a drug-free workplace statement
• Establish a drug-free awareness program
• Require employees to notify the employer of drug convictions within 5 days
• Notify the contracting agency of such convictions within 10 days

State Grant Recipients

Employers receiving federal grants of any size have similar obligations under the Drug-Free Workplace Act.

At Do It Right Screening, we can help you draft or review your drug-free workplace policy and ensure it complies with applicable law. Contact us to get started.