Considering Consequences for Employer Drug-Free Workplace Policy Violations

When creating a drug-free workplace policy, there are a number of key considerations that an employer must make.  Among those decisions may be: what drugs will be included, which employees will be included, and the behaviors to be included.  While the focus of a policy that prohibits certain behaviors can easily shift to a seemingly negative, punitive consequence, the emphasis of a drug-free workplace policy must remain on safety and health to make this a win-win for all stakeholders.

Considering the possible consequences for a violation to an employers’ drug-free workplace policy can be challenging. Here are some points to consider:

• The consequence must make sense to the employer from a business operations standpoint. What are the financial impacts of that decision? Could it lead to an impact on the health and safety of the individual who violated the policy?  Could it impact other workers’ health and safety? Could it impact the safety of the public? Could it impact productivity of the workplace? Could it impact current or future private or government contracts? Could it impact the company’s public image? Could it help employers retain valuable employees?

• The consequence should deter substance use or misuse and encourage employees to get help without stigma. Could it encourage employees to avoid substance use or misuse?  Could it inspire employees to have a healthier, drug-free lifestyle? Could it help employees to seek assistance to overcome their substance use issues?

• The consequence must always align with applicable government laws and statutes, industry standards, union rules, and contract specifications.  

Discussion on consequences

Identifying and evaluating all the common factors that substance use and misuse can have on the workplace will help employers determine the consequence that is the right policy fit for their workplace situation. Businesses with fewer resources, uncompromising safety rules, or contract limitations, may impose employment dismissal to address the infraction. 

On the other hand, some employers may have the organizational means to offer assistance programs that allow the employee to voluntarily have a “second chance” to address their substance issues and yet retain their jobs. In fact, there is a societal movement promoting recovery-friendly workplaces that goes beyond the drug-free workplace to encourage employers to support and recruit workers in recovery.  

Educating employers and employees, as well as the public, on the nature of addiction and recovery is key to understanding and addressing substance use and misuse in the workplace.

How does your workplace address substance use or misuse?  Does your employer utilize innovative programs or policies to promote health and safety?