Policy Toolbox

When starting a workplace drug/alcohol test program many issues must be considered. Key issues include the states in which your business operates and what, if any “programs” (e.g. drug-free work comp premium discounts) you wish to participate in. Do you need a written policy? Do you need a separate policy for each state? The answers depend on the choices you make.

Our research leads to the conclusion that there are 21 states (and Boulder, CO) that require or justify a separate policy. Those states are:

  1. AL
  2. AR
  3. CO
  4. CT
  5. FL
  6. GA
  7. HI
  8. IA
  9. ID
  10. ME
  11. MN
  1. MO
  2. MS
  3. MT
  4. OH
  5. OK
  6. RI
  7. TN
  8. UT
  9. VT
  10. WY

 

A multi-state employer’s policy starts with their “core” considerations: who to test, what substances to test for, where to test, when to test and how to test. The employer must also decide what discipline will be imposed. Once the multi-state employer decides what they’d “like” to have they must then see what they “can” have in the states where they operate.

If you operate in one of the 21 states (or Boulder) listed above you must have a separate policy specific to that state in addition to your core policy. Why? Because these states or programs you have chosen to participate in within those states have requirements that just can’t fit into a single, core policy.

The risk of ignoring these state and program differences if a possible loss in court if challenged. Recent decisions make it clear that strict compliance with applicable state law differences is a must.

Fortunately we have done the research work for you. But remember, we are not in the business of practicing law. Have this material checked by your own legal counsel. This information changes all the time. Check back often. We will provide email notices for any changes we become aware of.

 

We have established the most comprehensive policy development tool found anywhere. In each state you will find:

 

 

 

 

 

  1. A state legal summary;
  2. Sample policies – downloadable for easy use.
    1. Iowa-Union
    2. Iowa-Non Union
  3. A Policy implementation check list
  4. A managers’ guide ready for distribution and training;
  5. FORMS
  6. Court cases related to policy issues in that state.

 

Policy Helpdesk

Need attorney review?  We are here to help.

We offer in the Policy Toolbox a variety of services to help you develop or review your policy.

State Law Summaries

State Law Summaries provides a quick easy to use for you to get information about your states testing laws…

Implementation Checklist

text for implementation checklist

 

Policy Development

Care must be taken when developing a company’s workplace drug/alcohol test policy, especially for any multi-state employer. No longer can multi-state employers establish a single plan to be used everywhere. State-by-State, and in some cases individual City issues, must be considered. 

To learn more, please visit our Policy Development page.

Policy Review

You have developed your company policy but you’re not sure it’s right, that it accurately reflects state and local rules. These days you better be sure. Too many employers are loosing cases because their policy didn’t follow the applicable rules. 

Visit the Policy Review page to get started!