ACTION: Final rule.
SUMMARY: On June 25, 2008, the Department issued a Final Rule amending, among other provisions, paragraph (b) of our section pertaining to urine specimen collections. This amendment required direct observation collections for all return-to-duty and follow-up tests. We sought additional comments to this provision on August 25, 2008. On October 22, 2008, the Department issued a notice responding to those comments. The Department did not change the amendment, and determined that the
revised paragraph would go into effect, as scheduled, on November 1, 2008. On November 12, 2008, the United States Court of Appeals for the District of Columbia.
FOR FURTHER INFORMATION CONTACT: Jim L. Swart, Director, U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue, SE., Washington, DC 20590;
Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, U.S. Department of Transportation
Drug-Free Workplace Policy
A written drug-free workplace policy is the foundation of a drug-free workplace program. Every organization’s policy should be unique and tailored to meet its specific needs; however, all effective policies have a few aspects in common, including:
Why the policy is being implemented. Rationale can be as simple as a company being committed to protecting the safety, health and well being of its employees and patrons and recognizing that abuse of alcohol and other drugs compromises this dedication.
A clear description of prohibited behaviors. At a minimum, this should include the following statement: “The use, possession, transfer or sale of illegal drugs by employees is prohibited.”
An explanation of the consequences for violating the policy. There may include discipline up to and including termination and/or referral for assistance. Consequences should be consistent with existing personnel policies and procedures and any applicable state laws.
Sharing all policies with all employees is essential for success; therefore, employers should be certain that all employees are aware of the policy and drug-free workplace program.
The following resources may help employers develop effective drug-free workplace policies:
PUBLICATION
New Fact Sheet Describes Common Drug-Free Workplace Pitfalls
The U.S. Department of Labor’s Working Partners for an Alcohol- and Drug-Free Workplace program recently published a new fact sheet that addresses common pitfalls that can undermine the effectiveness of a drug-free workplace program and strategies organizations can use to avoid them.
The publication, titled Top 12 Reasons a Good Drug-Free Workplace Goes Bad, was developed by Working Partners with input from representatives of both small businesses and labor unions. It provides guidance on how to maximize the impact of a drug-free workplace program from multiple perspectives, including safety, productivity, and employee needs and support. As part of this, it offers countering explanations for some widespread concerns about drug testing, including perceptions about its invasiveness and lack of effectiveness.
Employers and human resource professionals are encouraged to use this publication to learn how to improve the effectiveness of their drug-free workplace efforts. In addition, third-party service providers, including drug-testing and employee assistance program service providers, can distribute it or draw upon its content to help their clients further efforts to ensure their workplaces are safe and drug free.
To learn about other materials available to educate employers, supervisors and employees on the value of drug-free workplaces, visit the Working Partners Web site’s Training and Educational Materials page.
Prevention | Drug-Free Workplace
Drug-Free Workplace
Drug Use in the Workforce
Current employment status was highly correlated with rates of illicit drug use in 2002. An estimated 17.4 percent of unemployed adults aged 18 or older were current illicit drug users compared with 8.2 percent of those employed full time and 10.5 percent of those employed part time. Of the 16.6 million illicit drug users aged 18 or older in 2002, 12.4 million (74.6 percent) were employed either full or part time. Most binge and heavy alcohol users were employed. Among the 51.1 million adult binge drinkers in 2002, 40.8 million (80 percent) were employed either full or part time. Similarly, 12 million (79 percent) of the 15.2 million adult heavy drinkers were employed.1
Drug Use by Industry
In 2000, workers in the construction and mining industries reported the highest rates of past month heavy alcohol use (15.7 percent) and past month illicit drugs use (12.3 percent) while workers in professional services and in government had the lowest rates. This pattern is partially explained by the higher concentration of males in the construction and mining industries, who have reported higher rates. Workers in wholesale and retail industries also reported high rates of past month illicit drug use (10.8 percent) and past year dependence or abuse of alcohol (10.5 percent).2
Drug Use Effects on Performance
A 2000 SAMHSA study revealed that workers who reported past month illicit drug use were more likely than those who did not report such use to say that: they had more than three employers in the past year (5.7 percent vs. 2.3 percent), they had missed work for more than two days in the past month due to illness or injury (11.6 percent vs. 6.5 percent), and they had skipped work more than two days in the past month (4.4 percent vs. 1.6 percent).3
Drug-Free Workplace Policies
Employees in three of four occupations reporting significantly lower rates of current drug use and heavy drinking (protective services; extraction and precision productions; electronic equipment assemblers; and administrative support) were employed in those occupations identified with the highest rates of drug information and policies in the workplace.4
Working Youth
About one-half of young adults ages 16-17, work during the year. Those working more than 20 hours per week are at high risk for substance abuse and injury.5 The youth labor force (aged 16 to 24) is projected to increase by 3.4 million between 2000 and 2010, more than 10 times the increase of the 1980–90 period.6
Drug Use Among Unemployed Adults
The rate of drug use was higher among unemployed persons compared with those from other employment groups. In 2002, 17.4 percent of unemployed adults (18 and over) reported current drug use. Binge and heavy alcohol use rates were higher for unemployed persons (34.7 and 13.3 percent, respectively, for binge and heavy use) than for full-time employed persons (29.0 and 8.4 percent, respectively).7
Other Sample Courses
Consider this: In a recent decision, a federal appellate court upheld a $24,000 judgment against a property-management company for failing to pay an employee overtime under the Fair Labor Standards Act (FLSA). Imagine a company that fails to pay more than one employee overtime as required by law. A major bank recently agreed to pay employees $3.8 million that it owed in unpaid overtime in a settlement with the Department of Labor. The FLSA is arguably the labor law most often violated by employers.
Violations of the FLSA are likely to become even more prevalent as Congress and the courts broaden the scope of the law to apply to more types of workers. As the make-up of a company's workforce becomes more varied, it is more crucial than ever to be aware of the provisions of the FLSA.
Program Summary
This program provides a brief tutorial on the major provisions of the FLSA. The topics covered in the program include —
An overview of the FLSA
Minimum-wage requirements
Overtime rules and how overtime pay is calculated
Employees who are exempt from the requirements of the FLSA
What workers are considered independent contractors under the FLSA
Restrictions on the use of child labor
Recordkeeping requirements
Penalties for violations of the FLSA
Did you know that work is the biggest source of stress for American adults? Consider these facts:
In recent surveys, 78% of the respondents said that work was their biggest source of stress, and more than half reported that their lives had become more stressful over the past ten years.
Stress is increasingly a reason for workers to call in sick. In 1996, it accounted for 11% of workers' absences — a 100% increase over the previous year.
The Bureau of Labor Statistics has reported that 62% of workplace illnesses were associated with stress-derived cumulative traumas.
Healthcare costs now account for approximately 12% of the gross national product. In terms of lost hours due to absenteeism, reduced productivity, and workers' compensation benefits, stress costs American industry more than $300 billion annually, or $7,500 per worker per year.
Program Summary
This program is intended to help employees recognize the outer and inner sources of job stress, and to provide strategies that they can implement immediately to prevent job burnout. The topics covered in the program include —
Typical sources of workplace stress
What is stress?
Dealing with burnout
Managing unavoidable stress
Avoiding avoidable stress
Creating a healthier workspace
Creating a healthier workplace
Balancing work and home life
Drug free workplace training, online training for drug free workplace. Other classes covered are fair labor standards act, fsla & managing workplace stress