Oct 31, 2014
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National Drug-Free
Workplace Alliance

A Division of Drug Free America Foundation, Inc.
5999 Central Ave, Ste 301
St. Petersburg, FL 33710
NDWA: 727-471-0009 ext. 109
DFAF: 727-828-0211 ext. 109
DFAF Fax: 727-828-0212

General information:
info@ndwa.org
Webmaster:
info@ndwa.org

I'M AN EMPLOYER

Q. How will a drug free workplace program benefit my business?
A. Employers have seen a decrease in workplace accidents, employee mistakes, absenteeism, employee turnover, and in their workers' compensation claims. Other benefits are less tangible, such as improved workplace environment, employee morale and customer satisfaction. Businesses in the state of Florida may also qualify for a 5 percent discount on their workers' compensation premiums.


Q. Why should I care if my employees are using drugs and/or alcohol on the job?
A. According to the U.S. Department of Labor, alcohol and drug abuse has been estimated to cost American businesses roughly 81 billion dollars in lost productivity in just one year, 37 billion due to premature death and 44 billion due to illness. Of these combined costs, 86 percent are attibuted to drinking.


Q. How much money can I save by implementing a drug free workplace program?
A. Check out the bottom line for your company. Go to our alcohol cost caculator.

Q. How much money do alcohol abusing employees cost my business each year?
A. Go to the alcohol cost caculator for details on your industry.


Q. How much does it cost to implement a drug free workplace program with the National Drug-Free Workplace Alliance?
A. There is no cost to implement a comprehensive drug free workplace program.  Additional on-site services are available.  Please contact The National Drug-Free Workplace Alliance for more information.

 

Q. What is the difference between zero tolerance and second chance?
A. Under the second chance policy, if an employee tests positive, they are given a second chance to seek treatment and continue their employment. Under the zero tolerance policy, a positive test results in termination.


 
Q. What products and services are paid for through the grant?
A. Please see our Services page for more information.

 
I HAVE QUESTIONS ABOUT TESTING

Q. Do we have to test all of our current employees when we implement the drug free workplace program?
A. Not necessarily; current employees can be grandfathered. Once the 60-day notice has expired, the employee could be tested under other circumstances (random, post accident, reasonable suspicion, fit for duty.) According to Ch. 93-415 of Florida law, "An employer not having a drug-testing program shall ensure that at least 60 days elapse between a one-time notice to all employees that a drug-testing program is being implemented and the beginning of actual drug testing."


 

Q. Do we have to test all new hires?
A. Yes, if you have implemented pre-employment testing. The employer cannot selectively choose who they test at the time of hiring if the pre-employment component is being utilized.


 

Q. What if an employee refuses to take a drug and/or alcohol test?
A. Most policies are written where a refusal to test is a violation of the company's policy and may result in immediate termination.


 

Q. Can secondhand marijuana smoke or poppy seeds cause a positive test?
A. Laboratories utilize conservative cutoff levels when conducting drug tests. Under normal circumstances, a person would not consume enough marijuana from secondhand smoke or eat enough poppy seeds to to reach these cutoff levels to trigger a positive drug test.


 
FLORIDA WORKERS' COMPENSATION REDUCTION ACT
 

Q. What is the Florida Workers' Compensation Reduction Act?
A. The Florida Workers' Compensation Reduction Act is a voluntary law that encourages drug and alcohol testing. It states that a 5 percent discount on workers' compensation premiums will be awarded to employers who implement and maintain drug free workplaces in compliance with the Act.


 

Q. How can my business qualify for a discount on our Workers' Compensation premiums?
A. The Workers' Compensation Premium Reduction Act requires that a company conduct pre-employment testing of all new hires, post-accident testing, reasonable suspicion testing, return to duty testing, and follow up testing to qualify for the discount. The Act also requires that a notice of testing must accompany vacancy announcements, be posted in a conspicuous location, and be provided upon request. A form must also be filled out with your workers' compensation carrier; that form is provided in our policy.


 
FEDERALLY REGULATED COMPANIES
 

Q. Which agencies are required to test under federal regulations?
A. Department of Energy (DOE), Nuclear Regulatory Commission (NRC), National Aeronautical & Space Administration (NASA), Department of Defense (DoD), and Department of Transportation (DOT).


 

Q. Which agencies are required to test under the Department of Transportation?
A. Federal Aviation Administration (FAA), Federal Motor Carrier Safety Administration (FMCSA), Federal Transit Authority (FTA), Research and Special Programs (RSPA), Federal Railroad Administration (FRA), and the United States Coast Guard (USGC).


 

Q. How do I know if my drivers are DOT regulated?
A. Your employees are regulated by DOT if your company's vehicles have a gross vehicle weight rating of 26,001 or more pounds, are designed to transport 16 or more passengers (including the driver), or are used to transport hazardous materials that require placarding under the FMCSA's Hazardous Materials Regulations.


 

Q. If I have some DOT employees and some non-DOT employees, am I required to randomly drug test everyone?

A. No, you are only required to randomly test the DOT employees. If you decide to randomly test all of your employees, the DOT and non-DOT employees must be in seperate random pools.


 

Q. What do I do if one of my DOT employees test positive for drugs or alcohol?
A. If you receive a positive test result back from the MRO, you must immediately remove the employee from their DOT duties. That holds true if the employee decides to contest the test results and have a split specimen re-tested, they must still be removed from their DOT duties pending the re-test results. If the employee is out on the road when you receive the results, someone must be sent out to relieve them. The employee can not return to DOT duties until they have been evaluated by a substance abuse professional (SAP), completed whatever treatment the SAP recommended, and have passed a return to duty test.


 
Q. How long from the time a random name is pulled does the driver have to report to the lab to take a drug and alcohol test? What if the employee is sick, has the day off, is on vacation, in the middle of work, etc?
A. Get the employee in AS SOON AS POSSIBLE.

 

Q. How do I know when to send my DOT employee for a post accident drug test?
A. Post accident testing is required if a.) there is a fatality, b.) a driver receives a citation and there is bodliy injury requiring medical treatment away from the scene, or c.) a driver receives a citation and a vehicle is towed away from the scene. Keep in mind that a post accident test should be done within two hours of the accident.


 
I AM AN EMPLOYEE
 

Q. What are the benefits of having a drug free workplace?
A. Employers have seen a decrease in workplace accidents, employee mistakes, absenteeism, employee turnover, and in their workers' compensation claims. Other benefits are less tangible, such as improved workplace environment, employee morale, and customer satisfaction.


 

Q. Why should I care if a co-worker is using drugs and/or alcohol on the job?
A. According to the U.S. Department of Labor, one in five workers report that they have had to work harder, redo work or cover for a co-worker, or have been put in danger or injured as a result of a fellow employee's drinking.


I HAVE QUESTIONS ABOUT TESTING
 
Q. Is drug and alcohol testing of employees legal?
A. Yes.

 

Q. Will I be tested when my company implements a drug free workplace policy?
A. All current employees are grandfathered in to the policy. Current employees are given a 60-day notice that their company is implementing a drug free workplace policy and are not pre-employment tested. They will fall under the policy at the end of those 60 days and can be tested from that point forward. 


 

Q. When can I be tested?
A. That depends on how your company's policy is written. Refer to your company's specific policy for the testing guidelines. Typical testing situations can be: post accident testing, reasonable suspicion testing, return to duty testing and random testing. 


 

Q. What if I refuse to take a drug and/or alcohol test?
A. Most policies are written where a refusal to test is a violation of the company's policy and may result in immediate termination.


 
I AM A FEDERALLY REGULATED EMPLOYEE
 

Q. How am I treated differently under a drug free workplace program than non-federally regulated employees?
A. 1) For DOT employees, drug tests are done using urine samples, and alcohol screenings done with a saliva sample or a breath alcohol test (confirmatory test must be breath alcohol test). For non-DOT employees, drug tests are done using urine samples, and alcohol tests may be made using blood samples. 2) Federally regulated employees are required to submit to random testing. 3) DOT supervisors must attend a one-time training session on the signs and symptoms of drug and alcohol abuse.


 
I AM A HUMAN RESOURCE REPRESENTATIVE
 

Q. Does every employee need a copy of the policy?
A. Yes, every current employee and all new hires must receive a copy of the policy. You should also post the policy in a conspicuous location.


 

Q. Who pays for the tests?
A. According to Ch. 93-415 of Florida law, it states, "An employer shall pay the cost of all drug tests, initial and confirmation, which the employer requires of employees."


 

Q. What if an employee refuses to take a drug/alcohol test?
A. Refusal to take a drug test is a violation of your drug free workplace policy. Be sure to document the refusal and have the employee sign a form acknowledging the refusal. Our policies are written with a refusal resulting in automatic termination.


 
Q. Can an employee contest their test result if they feel an error has been made?
A. Yes, the employee can contact their Medical Review Officer (MRO), in writing, within 5 working days and request that the same sample be re-tested at the employee's expense. Under no circumstance will the employee be allowed to submit a new sample for re-testing.

 

Q. What is an Employee Assistance Program?
A. It is a confidential program designed to help companies in assisting employees in identifying and resolving personal concerns including health, marital, family, financial, drug, alcohol, legal, emotional or other personal issues which may affect job performance.


 
EMPLOYEE AND SUPERVISOR TRAINING
 

Q. Is training necessary?
A. Training your supervisors and employees is a key component to the drug free workplace. Though the state of Florida does not require training for non-DOT workers, it still is a good idea to explain how and why a drug free workplace is implemented. DOT supervisors are required to be trained each year.


 

Q. What kind of trainings are offered through the grant?
A. Please see our Services page for more information.


 
HOW WILL HAVING A DRUG FREE WORKPLACE BENEFIT MY EMPLOYEES?
 

Q. Why should my employees care if their co-workers are using drugs or alcohol while on the job?
A. According to the U.S. Department of Labor, one in five workers report that they have had to work harder, redo work or cover for a co-worker, or have been put in danger or injured as a result of a fellow employee's drinking.


 

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