Frequently Asked Questions
MY COMPANY DOESN'T HAVE ANY DRUG PROBLEMS; HOW CAN A DRUG-FREE WORKPLACE ("DFW") HELP US?
All businesses can benefit from implementing a Drug-Free Workplace ("DFW"). As more companies implement DFW's substance abusers are targeting employers without DFW Programs. Therefore, without a program your company may be at risk to experience problems in the future.
DRUG-FREE WORKPLACE PROGRAM INCREASE MY COMPANY'S LEGAL LIABILITY?
If a DFW Program is designed and implemented correctly, it will reduce your company's legal liability. Companies that choose not to implement programs have more exposure. Companies with inadequately designed DFW Programs may have even greater risk. SPEC programs are tailored to meet your company's needs and reduce your liability.
IS A DRUG-FREE WORKPLACE DIFFICULT TO IMPLEMENT AND MAINTAIN?
No. SPEC can lead your company step by step through the process. SPEC provides your company with all the required legal documents and materials. SPEC will consult with management and train your employees on all the necessary procedures. In addition, SPEC can recommend vendors to provide cost effective testing services.
DOES MY PROGRAM HAVE TO CONTRACT WITH AN EMPLOYEE ASSISTANCE PROGRAM?
According to most states, businesses have the option of contracting with an Employee Assistance Program ("EAP") or providing employees with a resource list of treatment programs. SPEC is not affiliated with a specific EAP, however, SPEC does maintain an extensive resource list and can help companies make appropriate treatment referrals.
DO WE HAVE TO PAY FOR EMPLOYEE TREATMENT?
No, you are not required to pay for treatment. By implementing a Drug-Free Workplace, companies reduce responsibilities and requirements of treating an employee. Companies are given the freedom to use their own discretion and good faith for employee treatment.
WHO IS REQUIRED TO INITIATE A DRUG-FREE WORKPLACE PROGRAM?
The final rule for the Drug-Free Workplace Act states that all federal contractors who receive in excess of $25,000 for the procurement of goods and services and all grantees must implement a drug-free workplace. Some states have similar legislation in regards to state contracts or grants. Further, under the DOT Alcohol & Drug Regulations, Part 382, all employers of one or more CDL drivers as of January 1, 1996, must be in compliance with DOT regulations.
WHAT IS A DRUG-FREE WORKPLACE PREMIUM CREDIT PROGRAM?
Currently twelve states offer a voluntary Workers' Compensation Premium Reduction Law, which meeting the state's requirements for certification qualifies a company for a mandatory 5% - 20% discount on their annual workers' compensation premium. The twelve states include: Alabama (5%), Arkansas (up to 5%), Florida (5%), Georgia (7.5%), Hawaii (at least 5%), Idaho (up to 5%), Mississippi (5%), Ohio (6% to 20% yearly system), South Carolina (5%), Tennessee (5%), Virginia (up to 5%), and Washington (up to 5%). In addition, Louisiana has an Employer Tax Credit Law which includes a provision whereby employers may be eligible for a tax credit against their state income tax in the amount of 5% of the 'qualified treatment expenses' incurred by the employer for substance abuse treatment services. All SPEC programs are state certified and are eligible to receive the mandated premium credit, when applicable. Contact SPEC for an update on state laws and other incentives.
MY COMPANY IS PARTIALLY OR WHOLLY SELF-INSURED; HOW DO WE BENEFIT ON OUR WORKERS COMPENSATION COSTS?
Your company stands to benefit directly from a Drug-Free Workplace Program. Because you are bearing or sharing the risk, the savings from reductions in the number of claims or medical costs is passed directly to you, not an insurance company. Your company may also benefit from increased productivity and reduced employee turnover. Also, in some states self-insured companies can now qualify for the workers' compensation premium discount.
WHAT OTHER STATE DRUG-TESTING LAWS ARE DESIGNED TO ASSIST EMPLOYERS IN BENEFITING FROM THEIR PROGRAMS?
In almost all fifty states, there are laws that address the areas of unemployment cases and workers' compensation cases that are pro-employer when a company has a detailed policy and detailed procedures. Other important laws include remedies/exposure to liability in Criminal Penalties, Civil Penalties and Employee Discipline to assist companies.
MY COMPANY HAS MANY MULTI-STATE LOCATIONS, CAN WE OPERATE UNDER ONE POLICY?
While every corporation needs a standard policy to avoid discrimination, state laws do vary. SPEC specializes in multi-state policies that are uniform in nature but still comply state to state. Let SPEC tailor your corporate policy to pass legal scrutiny.
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