Testing for Illegal Use of Drugs Module 1 Federal

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Testing for Illegal Use of Drugs Module
1Federal State Laws
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Federal Drug-Free Workplace Act of 1988
State of Maryland Substance Abuse
PolicyTesting for the Illegal Use of Drugs
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The Drug-Free Workplace Act of 1988
All organizations covered by the Drug-Free
Workplace Act of 1988 are required to provide a
drug-free workplace by taking the following steps

• Publish and give a policy statement to all
  covered employees informing them that the
  unlawful manufacture, distribution, dispensation,
  possession or use of a controlled substance is
  prohibited in the covered workplace and
  specifying the actions that will be taken against
  employees who violate the policy.

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The Drug-Free Workplace Act of 1988

• Establish a drug-free awareness program to make
  employees aware of
• the dangers of drug abuse in the workplace
• the policy of maintaining a drug-free workplace
• any available drug counseling, rehabilitation,
  and employee assistance programs
• the penalties that may be imposed upon employees
  for drug abuse violations.

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The Drug-Free Workplace Act of 1988

• Notify employees that as a condition of
  employment, the employee must a) abide by the
  terms of the policy statement and b) notify the
  employer, within five calendar days, if he or she
  is convicted of a criminal drug violation in the
  workplace.
• Notify the contracting agency within 10 days
  after receiving notice that a covered employee
  has been convicted of a criminal drug violation
  in the workplace.

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The Drug-Free Workplace Act of 1988

• Impose a penalty onor require satisfactory
  participation in a drug abuse assistance or
  rehabilitation program byany employee who is
  convicted of a reportable workplace drug
  conviction.
• Make an ongoing, good faith effort to maintain a
  drug-free workplace by meeting the requirements
  of the Act.

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State of MarylandSubstance Abuse Policy

• General Policy
• The State of Maryland is committed to making good
  faith efforts to insure a safe, secure, and
  drug-free workplace for its employees consistent
  with the Drug-Free Workplace Act as enacted by
  Congress.
• All employees in the workplace must be capable of
  performing their duties.

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State of MarylandSubstance Abuse Policy

• General Policy
• Employees experiencing substance abuse problems
  are encouraged to seek assistance through
• Their employer
• Self-referral to the employer's Employee
  Assistance Program or
• Self-referral to an alternative certified
  rehabilitation program.

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State of MarylandSubstance Abuse Policy

• General Policy
• An appointing authority may not hire anyone whom
  it knows currently abuses drugs or alcohol.

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State of MarylandSubstance Abuse Policy

• General Policy
• Employees are prohibited from
• Abusing alcohol or drugs
• Committing a controlled dangerous substance
  offense or
• Committing an alcohol driving offense.

NOTE The Testing for Illegal Use of Drugs
Policy addressed in this training does NOT
include alcohol.
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Substance Abuse Policy

• The following two conditions are a violation of
  this policy and shall subject the employee to
  disciplinary action.
• Working under the inappropriate influence of
  prescription drugs or over-the-counter drugs.
• Working under the influence of a controlled
  dangerous substance.

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Testing for the Illegal Use of Drugs Policy
This policy will be covered in detail in Module
3. Intent of this policy is to send a clear
message to all employees that any illegal drug
use is incompatible with State service, and to
recommend to any employee who may have a problem
of this type to get help.