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NOT HAVING A DRUG POLICY WILL COST YOU
By Richard A. Millisor
An increasing number of employers are implementing some form of drug testing as part of their comprehensive Drug-Free Workplace Programs. According to statistics provided by the Ohio Bureau of Workers' Compensation, the economic motivations for implementing drug testing programs in most workplaces are beyond dispute:
- Users are absent up to six times as often as non-users.
- Users take three times the normal sick leave.
- Users have four times as many accidents as other employees, and are five times more likely to be injured at work.
- Users are 40% more likely to involve co-workers in accidents they cause.
- Users file five times as many workers' compensation claims.
- Users make twice as many errors.
- Users are tardy twice as often.
- Users work more slowly, at two-thirds of their active potential.
- 47% of all industrial injuries and 40% of industrial deaths are related to drug and/or alcohol use.
Moreover, the belief that drug users don't work is unfounded. In fact, 74 percent of illegal drug users work (up seven percent since 1992) and 90 percent of alcoholics work. The costs measured in lost productivity while on the job and increased absenteeism totaled more than $82 billion in 1992.* With the emergence and expansion of negligent hiring and retention theories of liability facing employers, drug testing in connection with an effective Drug-Free Workplace Program can help reduce potential costs and insulate an employer from inherent legal actions arising out of injuries to third persons, including co-workers, caused by drug and alcohol users.
While some form of drug testing is advisable for most employers, a poorly implemented or ill-conceived testing program may create more risk than not having a testing program at all. The first step in developing a drug testing program is to know the law. Second, drug testing should only be implemented after the employer has developed: (1) a carefully crafted Drug-Free Workplace Program addressing legal and practical concerns; (2) an effective education, training and awareness component; and (3) a relationship with a HHS certified testing facility. Finally, in order to maximize the tangible benefits of an effective Drug-Free Workplace Program while minimizing legal risks, drug testing should only be implemented after consultation with your employment counsel.
*Source: National Institute on Alcohol and Drug Abuse
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