Co. Does not have Drug Policy

jscheidter

My company does not have a drug policy in the employee handbook and can be very lenient at times regarding drugs at work. We don't do drug tests either.I was wondering what level of tolerance can a company have to not be held liable for illegal drug activity.

Parabeagle

A lot of it depends. If you have federal contracts of at least 25K or receive federal grants of any amount, you have certain responsibilities and duties under the Drug Free Workplace Act of 1988. If you don't comply with the duties required, you lose the contract/funds. Even if you don't get any federal monies, many states have similar statutes. They may not require testing, but can require employers to publish a policy and prohibit activities involving illegal substances (distribution, possession, manufacture, use, etc.)

That aside, permitting ANY type of illegal activity to occur on your premises is without a doubt one of the worst possible things you can do. Depending on the state and the activity there are some very unpleasant things that can occur to the owner, the premises themselves, any actors involved, etc.

marc

A company that tolerates illegal drugs in the workplace? It would be difficult to ennumerate the areas of exposure that you are living with. If your owners or management are doing a "wink-wink, nudge-nudge" about the drugs, or worse yet, engaging in the activity - just where do you think your liability exposure would stop?

If you know it is going on, and have some idea about why it is tolerated, then you might need to seriously reconsider where you are working. If you want to stay there and fight the good fight, begin with a strict drug policy that has management buy-in, and come down on the offenders like a ton of bricks. One well-placed call to the local gendarmes would sure shake things up a bit.

Get tough or get out.

E Wart

HOw do you know you are being lenient if you don't have a Substance Abuse Policy (what is lenient?) I hate to say it, sounds as if your company is very inconsistent. If you ever try to do anything about anything you may be in trouble, first because you don't have a policy that says you can do it and secondly explains what you can and can't do. Also because you aren't being consistent. Having a Substance Abuse Policy isn't that difficult to develop or enforce. I have just redone mine and will be glad to share if you will email me your address and I can send it over (or give me your fax number.)
I would say you shouldn't do anything before you establish a policy (so you know what your Company "believes in", inform your employees of this policy and THEN enforce it. Sounds as if you might have to take the bull by the horn and really do a sell job to the owners and then the employees. (Don't know what type of company you work for or how large.)
Good luck.

E Wart

E Wart

Sorry, forgot my email (ewarthen@newcombspring.com)
E Wart

earlru

[font size="1" color="#FF0000"]LAST EDITED ON 11-10-03 AT 09:32AM (CST)[/font][p]How can a company be lenient without a drug policy in place? How can a company be lenient at all when it comes to drug use in the workplace? With today rising cost of workers compensation and other insurance costs, drugs in the workplace will cost your company money.

A few interesting statistics about drug use in the workplace:

A person using drugs in the workplace are 5 times as likely to be less productive.
A person using drugs in the workplace is 4 times as likely to be injured on the job.
A person that is using drugs in the workplace is 3 times as likely to sue the company they work for.

A drug and alcohol policy can save money for the company in the long run.

Balloonman

I have bad news for you jscheidter,
You have a workplace full of drug users/abusers. Trust me the druggies know what companies will or will not tolerate those things............
You need to convince the hire ups that they need a clean workplace.............that is drug free.............and by doing so they must realize they may lose some "valuable" people...........
My $0.02 worth.
DJ The Balloonman