What Does a Drug-Free Workplace Program Include?

SAMHSA states that most successful drug-free workplace programs have five key components: a written policy, employee education, supervisor training, drug testing, and an Employee Assistance Program (EAP) (SAMHSA, Drug-Free Workplace Employer Resources).

According to SAMHSA, the written policy at a minimum states the rationale for the policy, the expectations for employee compliance, the assistance options available to employees, and the consequences for violating the policy. SAMHSA describes the expectations for compliance as including who, what, when, and where.

Federal contractors have specific duties under the Drug-Free Workplace Act. A contractor other than an individual, on a contract above the simplified acquisition threshold that is not for commercial products or commercial services, agrees to publish a statement that prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace and that specifies the actions taken for violations. The contractor also establishes a drug-free awareness program that informs employees about the dangers of drug abuse in the workplace, the policy, available counseling, rehabilitation, and employee assistance programs, and the penalties for drug abuse violations. Each employee on the contract receives a copy of the statement and agrees to notify the employer of a conviction for a workplace violation of a criminal drug statute within 5 days. The contractor notifies the contracting agency within 10 days after receiving that notice, imposes a sanction on or requires satisfactory participation in a drug abuse assistance or rehabilitation program by a convicted employee, and makes a good faith effort to maintain a drug-free workplace (41 U.S.C. 8102). The statute does not list drug testing as a requirement. Federal grant recipients have parallel requirements under 41 U.S.C. 8103, and 2 CFR Part 182 is the government-wide guidance that federal agencies implement for grants and other financial assistance.

Employers regulated by the Department of Transportation follow agency rules that include testing and supervisor training. For example, FMCSA requires that persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and at least an additional 60 minutes on controlled substances use, which supervisors use to decide whether reasonable suspicion exists (49 CFR 382.603).