Go Ahead ... Ask

Great work on your part for recognizing there could be differences in drug-free workplace (DFWP) requirements and operations from state to state. Let’s highlight three specific areas to dive into: policy, trained supervisors and drug/alcohol testing.  This is not an exhaustive list, but a great place to start.

Drug-Free Workplace Policy
An effective policy is in line with laws and operations that are reflective of the state(s) you are working in.  Reach out to your attorney/policy consultant with the job details and location to determine if/where changes may need to be made to your policy and subsequent operations.  Here are a couple areas to get you started:

1. Are there any state-specific guidelines around when to drug and/or alcohol test or what to test for?
2. Is there guidance around handling a policy violation (e.g., a positive drug test)?
3. If an employee has an accident, what’s the appropriate protocol?
4. Is there a medical or recreational marijuana law at play in the state?
5. Are there opportunities for workers’ compensation discounts or rebates in the state that you want to take advantage of?

You’ll also want to be clear with your employees, especially those traveling and staying in temporary housing, about your expectations around alcohol consumption. Can they consume in their hotel at night? And if so, what are the limits around that consumption?

The amount of time you have before the job starts and the length of the job could determine the depth of this policy process. Talk with your attorney or drug-free workplace experts about the appropriate steps necessary to ensure your employees and supervisors are adequately prepared for any differing laws and accompanying procedures.

Trained Supervisors On-site
You’ve got the policy all set – or working on it.  Now you need someone enforcing it! Determine who will be in charge of running your DFWP program at the out-of-state locations and make sure they have appropriate drug-free workplace supervisor training, especially with regard to any policy changes and post-accident and reasonable suspicion responsibilities.  Additionally, it may be helpful to determine a flow chart or chain of command, so your team knows exactly who to call and when to call them.

Drug Testing Operations
If a drug test is required while employees are working in another state, you’re going to need a place to send them.  Prior to the job starting, reach out to your drug-testing vendor with location details to determine the closest or most appropriate collection facilities.  Remember to ask for a collection site that can accommodate alcohol testing, if needed, as well as one that complies with Department of Transportation, if applicable.

Working in a new state doesn’t have to be a scary task. A few extra steps, like the ones above, could make the difference between “I’ve got this!” and “What am I supposed to do?!”  And remember, you can always reach out to us with additional questions.