Why Drug-Free Workplace Policies Matter for Employee Safety

The National Council for Alcoholism and Drug Dependence (NCADD) estimates that nearly 70% of the 14.8 million Americans using illegal drugs are employed. This statistic underscores the importance of workplace drug policies. NCADD also notes that the workplace can be an effective environment for addressing substance abuse through programs focused on health and safety.

A strong drug policy is essential for any organization committed to employee well-being. Consider these alarming statistics:

• Breathalyzer tests detected alcohol in 16% of emergency room patients with jobsite injuries.
• 11% of workplace fatalities involved victims who had recently consumed alcohol.
• The U.S. Department of Labor attributes 65% of workplace accidents to drug and alcohol abuse, and nearly 50% of workers’ compensation claims are related to substance abuse.

These numbers make it clear: drug policy education and enforcement are critical for reducing risk and protecting employees.

What Should a Comprehensive Drug Policy Include?

Companies should create and maintain a written drug policy that complies with federal and state laws. Key components include:

• Clear explanation of compliance with laws and regulations.
• Defined expectations for who, what, when, and where the policy applies.
• An Employee Assistance Program (EAP) to support compliance.
• Specific consequences for violations.

Before implementation, employees should receive training on the policy, and supervisors should be equipped to enforce it. Reporting options should be clear and accessible. The Substance Abuse and Mental Health Service Administration offers a detailed toolkit for building effective policies.

Policies must be updated regularly to reflect changing laws. For example, marijuana is now legal in 30 states and the District of Columbia, with eight states allowing recreational use. Employers should communicate that a Drug-Free Workplace policy permits pre-employment, random, and post-accident drug testing for any substance that may impair performance—legal or not.

Action Steps for Employers

To create a strong drug policy, companies should:

• Use a team approach for policy development.
• Conduct a workplace assessment.
• Determine the most effective program based on assessment results.
• Develop a written policy and train employees.
• Implement the policy after awareness training.
• Continuously evaluate effectiveness.
• Provide support for employees reporting or experiencing substance abuse issues.

The Berkley Industrial Comp Difference

In high hazard industries, drug-free workplace policies are vital for safety. These sectors often involve heavy machinery, hazardous chemicals, and strict regulatory requirements. Even with strong policies, accidents can happen. That’s why workers’ compensation coverage should align with safety initiatives, including drug-free programs.

At Berkley Industrial Comp, we help insureds develop drug policies tailored to their industry and compliant with state laws. Our Claims Team provides proactive support throughout the workers’ compensation process, ensuring employees return to work healthy and safe. We focus on recovery and reintegration, helping employees remain drug-free.

Together, we can create safer job sites and healthier workplaces.

Berkley Industrial Comp is providing this material for informational purposes only; it does not constitute legal advice or professional consulting services.  Berkley Industrial Comp makes no representations or warranty regarding the accuracy or completeness of this material and expressly disclaims any liability for errors, omissions, or inaccuracies.  Employers and other recipients should seek independent legal advice before making decisions based on this material.