FMLA and the ADA protect you if you seek treatment for a SUD or AUD. 1 Family and Medical Leave Act (FMLA) FMLA, passed in 1993, serves to protect individuals who require a leave of absence from their job to care for themselves, a child, a spouse, or a parent with a serious health problem. 1
Are there any federal laws that protect employees with substance use disorders?
There are several federal laws and regulations that protect employees with substance use disorders.
Are there any federal laws for drug-free workplaces?
Federal Laws and Regulations. Numerous federal requirements govern drug-free workplace policies. There is no requirement for most private employers to have a drug-free workplace policy of any kind. The exceptions to this are federal contractors and grantees, as well as safety- and security-sensitive industries and positions.
Does your company have a policy about substance abuse?
If your company has a policy about substance abuse, it sends a clear signal to present and future employees about where your company stands. Measurable costs, hidden costs, public liability: When you add up all the costs involved in ignoring the problem, can you afford not to set up a substance abuse program?
What are the regulations for drug testing in the workplace?
The regulations require drug testing of employees in safety sensitive positions and drug abuse awareness education for supervisors and employees. All drug testing must be conducted in accordance with procedures outlined in 49 CFR Part 40. Compliance dates vary depending on the number of employees and the type of transportation services provided.
Can you ask an employee about drug use?
Asking About Legal Drug Use The EEOC memo says that you can't ask employees about prior or present legal drug use, unless the question is “innocuous” and won't bring out information about a disability.
Is the Drug Free Workplace Act of 1988 still in effect?
While some states have legalized Marijuana, covered employers are still required to treat marijuana use as a disciplinable offense under the Drug-Free Workplace Act, as it is still considered a controlled substance under federal law.
What is substance abuse policy?
A substance abuse policy is a set of guidelines that outline a business's protocol for substance abuse in the workplace. It should be a customized document that addresses issues relating to prescribed medication, illegal drugs, and alcohol abuse.
Which of the following is mandated by the Drug Free Workplace Act of 1988?
On November 18, 1988, Congress enacted the Drug-Free Workplace Act requiring Federal agency contractors and grantees to certify that they will provide a drug-free workplace as a pre-condition of receiving a contract or a grant from a Federal agency after March 18, 1989.
Is Executive Order 12564 still in effect?
Unfortunately, that answer is still no. The OPM reiterated that the mandates of Executive Order 12564, Drug-Free Federal Workplace, prohibiting the use of illegal drugs on or off duty remain in effect for all federal employees. Employees struggling with substance abuse issues should seek counseling and rehabilitation.
Which of the following is a purpose of the Drug-Free Workplace Act of 1998?
Which of the following is a purpose of the Drug-Free Workplace Act of 1998? -To protect federal employees against drug testing at the workplace under all circumstances.
What is drug law?
Drug laws are the laws guiding the manufacturing, processing, possession, distribution, sales and consumption of drugs. It monitor the use of some illegal drugs that acts as stimulants.
Which law covers alcohol misuse at work?
the Misuse of Drugs ActUnder a law called the Misuse of Drugs Act, if you drink alcohol or take drugs or other substances (except when prescribed by a doctor) while at work, you could be breaking the law and you may be prosecuted.
What is a health and safety policy?
A health and safety policy sets out your general approach to health and safety. It explains how you, as an employer, will manage health and safety in your business. It should clearly say who does what, when and how.
Which employers must comply with a Drug Free Workplace Act?
Under the act, a drug-free workplace policy is required for:Any organization that receives a federal contract of $100,000 or more.Any organization receiving a federal grant of any size.
Which of the following statements is true of the Civil Rights Act of 1964 quizlet?
Which of the following is true of the Civil Rights Act of 1964? It outlawed segregation in public facilities on the basis of race, sex, or national origin.
What is the drug Free Schools and Communities Act of 1989?
The Drug-Free Schools and Communities Act was passed in 1989 as part of the reauthorization of the Higher Education Act and requires institutions of higher education that receive federal funding to execute a drug and alcohol abuse prevention program for its campus community.
What are the exceptions to drug free workplace policies?
The exceptions to this are federal contractors and grantees, as well as safety- and security-sensitive industries and positions. Federal statutes on drug-free workplace policies can be divided into two broad groups, or categories, of legislation. One category includes laws such as the Drug-free Workplace Act of 1988.
Why is legal counsel important for drug testing?
The most important federal laws and regulations of this type to consider are: For employers considering drug testing, legal counsel is advisable, because lawsuits have been filed against employers for invasion of privacy, wrongful discharge, defamation, and discrimination.
What is FMLA treatment?
Treatment of drug or alcohol addiction. Treatment of another physical illness or incapacity related to substance use (such as kidney failure) Caring for a close family member who is undergoing treatment for these conditions. FMLA also prohibits employers from retaliating against workers who request FMLA leave.
What is the Civil Rights Act?
The Civil Rights Act, 28 Code of Federal Regulations (CFR), 42 is a landmark law that prohibits private employers with 15 or more employees from discriminating against individuals on the basis of race, sex, religion, or nationality. Employers implement a drug-free workplace policy need to keep in mind Title VII ...
Why do unions support drug testing?
However, some unions actually support such programs because of their potential to reduce workplace injuries and accidents.
What is the ADA?
The Americans With Disabilities Act (ADA) is perhaps the most important federal civil rights legislation that affects employers when developing and implementing drug-free workplace policies. It prohibits all U.S. employers with more than 15 employees from discriminating against qualified job applicants and employees because of a physical disability.
Can employers ask employees about their prescriptions?
Finally, employers should refrain from asking employees about their legal prescription drug use as part of the pre-hiring or pre-promotion drug-testing process.
What are the laws that regulate the use of drugs?
Guide to U.S. Drug Laws. Federal drug laws, including the Controlled Substances Act, regulate the possession, trafficking, and manufacturing of drugs. Even though states have their own laws on drugs, federal laws supersede state laws—including those regarding the medical/recreational use of marijuana. No federal laws regulate drug testing ...
What are federal drug laws?
Federal drug laws exist to control the use, manufacturing, possession, and distribution of various drugs that are legal and illegal. 1. Federal agencies collaborate with both state and local law enforcement to ensure effective controls over substances that are deemed to be a danger to individuals and to society.
What did Nixon do to control drugs?
During his presidency, the Comprehensive Drug Abuse Prevention and Control Act of 1970 was passed. 1 One aspect of this law was the Controlled Substances Act (CSA), which allowed federal jurisdiction over specific plants, drugs, and chemical substances. It established a classification or scheduling system for drugs. 1
What are some examples of Schedule I drugs?
Schedule I drugs have a high potential for misuse, no accepted medical treatment in the United States, and a lack of safety even if they were to be supervised by a medical professional. Heroin, GHB, LSD, Quaaludes, and marijuana are examples of Schedule I drugs.
Why did the new mandatory minimum sentencing laws create a rise in prison populations?
The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. About half of the federal prison population is serving time for drug offenses. The vast majority of this group was involved in drug trafficking (96%), while only 0.8% were serving time for possession in 2013. 1.
How many arrests were made for drug charges in 2012?
Most drug offenses are handled at the state level. In 2012, the DEA made just over 30,000 arrests for drug charges, while state and local police made over 1.3 million arrests for drug offenses. 1.
What is the penalty for a second offense of marijuana?
A second offense carries up to 10 years and a $500,000 fine. 2,3
What are federal regulations for substance abuse?
Federal regulations apply to states, local governments, and religious organizations that receive Substance Abuse Prevention and Treatment Block Grant s or Projects for the Assistance in the Transition from Homelessness Formula Grants, or both. The following federal regulations apply to states, local governments, and religious organizations that receive discretionary funding to pay for substance use prevention and treatment services:
What is the purpose of the National Mental Health and Substance Use Policy Laboratory?
The Cures Act created the National Mental Health and Substance Use Policy Laboratory (Policy Lab). The Policy Lab is working to promote evidence-based practices and service delivery models, and evaluating models that would benefit from further development and expansion.
What is the Children's Health Act?
The Children’s Health Act of 2000 (PDF | 531 KB) reauthorizes SAMHSA programs that work to improve mental health and substance abuse services for children and adolescents. It also provides SAMHSA the authority to implement proposals that give U.S. states more flexibility in how they use block grant funds, with accountability based on performance. The Act also allows SAMHSA to consolidate discretionary grant authorities, which provides the Secretary of HHS with more flexibility to respond to individuals and communities in need of mental health and substance abuse services. It also provides a waiver from the requirements of the Narcotic Addict Treatment Act, allowing qualified physicians to dispense (and prescribe) Schedule III, IV, or V narcotic drugs, or combinations of such drugs, approved by the Food and Drug Administration (FDA) to treat heroin addiction. Additionally, the Act provides a comprehensive strategy to combat methamphetamine use.
What is the Comprehensive Addiction and Recovery Act?
The Comprehensive Addiction and Recovery Act (CARA) of 2016 authorizes over $181 million each year (must be appropriated each year) to respond to the epidemic of opioid abuse, and is intended to greatly increase both prevention programs and the availability of treatment programs. CARA launched an evidence-based opioid and heroin treatment and interventions program; strengthened prescription drug monitoring programs to help states monitor and track prescription drug diversion and to help at-risk individuals access services; expanded prevention and educational efforts—particularly aimed at teens, parents and other caretakers, and aging populations—to prevent the abuse of opioids and heroin and to promote treatment and recovery; expanded recovery support for students in high school or enrolled in institutions of higher learning; and expanded resources to identify and treat incarcerated individuals suffering from addiction disorders promptly by collaborating with criminal justice stakeholders and by providing evidence-based treatment. CARA also expanded the availability of naloxone to law enforcement agencies and other first responders to help in the reversal of overdoses to save lives. CARA also reauthorizes a grant program for residential opioid addiction treatment of pregnant and postpartum women and their children and creates a pilot program for state substance abuse agencies to address identified gaps in the continuum of care, including non-residential treatment services.
What is the cures act?
The Cures Act addresses many critical issues including leadership and accountability for behavioral health disorders at the federal level, the importance of evidence-based programs and prevention of mental and substance use disorders, and the imperative to coordinate efforts across government. The Cures Act established the position ...
What is the SUPPORT Act?
SUPPORT Act. H.R. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act of 2018, was made law to address the nation’s opioid overdose epidemic. The legislation includes provisions to strengthen the behavioral health workforce through increasing addiction medicine education;
What is the federal interagency coordination committee on the prevention of underage drinking?
The federal Interagency Coordinating Committee on the Prevention of Underage Drinking, which provides high-level leadership from SAMHSA and other federal agencies to coordinate federal efforts to prevent and reduce underage drinking.
What percentage of people with substance abuse issues hold jobs?
They have bills to pay, families to support, and careers to build. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), 76 percent of people with substance abuse issues hold jobs. Many people fear that getting treatment at all will hurt their careers or get them fired. However, there are laws that protect people ...
How many people in the US were addicted to drugs in 2009?
According to the National Survey on Drug Use and Health, there were 23.5 million people in the US aged 12 or older who needed addiction treatment in 2009, but only 2.6 million of them received any treatment. Knowing your rights in terms of addiction treatment while employed can be the first step toward getting needed help.
What is the ADA and FMLA?
Both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) protect addicted individuals from discrimination and help them get the treatment they need without losing the jobs they need to survive.
How much does drug abuse cost the US?
After all, drug and alcohol abuse costs the US over $700 billion each year, mostly from workplace accidents, crime, healthcare, and loss of productivity.
Is there an addiction treatment center in the US?
There are many addiction treatment centers across the US and other countries, but there are a number of factors that can make accessing that treatment more complicated than it should be. One of the most common issues experienced by addicted individuals crops up when medical professionals recommend inpatient treatment to those who have jobs.
Can you leave a job for substance abuse treatment?
Federal law offers many forms of job protection to people seeking treatment for substance abuse. Most people can’t just leave a job for several weeks of addiction treatment. And despite certain stereotypes, the vast majority of addicted individuals are employed and live relatively normal lives.
Can you be fired for addiction?
Once you enter a rehabilitation program, you’re protected by the ADA and cannot be fired for reasons related to your addiction or the treatment process, even if it causes you to miss work. If you are fired, you can file a charge of discrimination against your employer.
How many employees does the ADA cover?
The ADA applies to private employers with 15 or more employees and all state and local governments. State non-discrimination law sometimes covers private employers with less than 15 employees.
What is the ADA?
The ADA, Addiction, Recovery, and Employment. The Americans with Disabilities Act (ADA) addresses addiction to alcohol, illegal drugs, and the unlawful use of legal drugs in each stage of employment: The ADA ensures that people with disabilities, including people with addiction to alcohol have the same rights and opportunities as everyone else.
What is an impairment in employment?
Is regarded as having such an impairment, e.g. An employer assumes an employee has an addiction to drugs (whether or not person actually has an addiction), and takes a negative employment action based on that belief, such as refusal to promote, a poor performance rating, or termination.
How to contact ADA Center?
If you have questions about your rights or obligations under the ADA, contact your local ADA Center toll-free at 1-800-949-4232. Each center has ADA specialists who provide information and guidance on the ADA. You can also email your local center by clicking the following link and completing the form: https://adata.org/email. All calls and emails are treated anonymously and confidentially.
What is the ADA for pre-offer inquiries?
Pre-Offer Inquiries and Illegal Use of Drugs. The ADA protect s a person in recovery who is no longer currently engaging in the illegal use of drugs and who can show that they meet the definition of disability.
How long has Lily been cocaine free?
Whether someone is currently using drugs illegally is decided on a case-by-case basis. Scenario: Lily has been cocaine-free for three years. She applies for a job that she is qualified to do. The interviewer finds out about her past addiction and asks about it.
What is a qualified person with a disability?
A qualified person with a disability is a person who possesses the skills, experience, and education that will facilitate the successful performance of the “essential functions” of the job with or without reasonable accommodation (e.g. a schedule change, leave to attend AA/NA meetings or treatment at a rehabilitation program).
What is the ADA protection against being fired for going to rehab?
The Americans with Disabilities Act is federal law that prohibits discrimination against employees who have disabilities.
What is FMLA protection?
FMLA Offers Protection Against Being Fired for Going to Rehab. The Family and Medical Leave Act provides protection if you take a leave for medical reasons and can provide you with up to 12 weeks of unpaid time off from work annually without the risk of losing your job. The FMLA also calls for existing group health benefits through your employer ...
How many weeks of unpaid leave is required for a school employee?
When employers are considered FMLA eligible under these guidelines, they must provide employees who are eligible with up to 12 weeks of unpaid leave yearly when the employee cannot work due to a serious health condition.
Can you be fired for going to rehab?
You can’t be fired for going to rehab under these circumstances, according to the ADA. That’s because chemical dependency is considered a disability. The ADA law looks to the time a person is actually terminated to determine whether that employee is currently abusing drugs or alcohol.
Who answers questions about the provisions and requirements of the Drug-Free Workplace Act?
The contract and/or grant administration office of the Federal department or agency awarding a contract or grant can also answer questions about the provisions and requirements of the Drug-Free Workplace Act.
When did the DOT issue the drug abuse regulations?
We have included it because it concerns so many U.S. businesses. The Department of Transportation (DOT) issued regulations in November 1988 requiring employers engaged in commercial transportation industries regulated by DOT to implement workplace drug abuse programs.
What do supervisors need to know about substance abuse?
Supervisors need to know how to look for signs of substance abuse and what to do once they find them. The kinds of information needed by supervisors will vary from one workplace to another. For example, depending on what is available through your company and community, supervisors may be called upon to refer employees to employee assistance programs or to local resources. Keeping your own company's needs in mind, consider some of the following as possible topics to include in your supervisory training program.
What is the role of supervisors in substance abuse?
Supervisors are the key to the successful working of your substance abuse policy. As the people in direct contact with workers, supervisors can detect performance problems that may indicate substance abuse. But their responsibilities should be limited, and that should be clearly explained to them.
What is the National Clearinghouse for Alcohol and Drug Information?
THE NATIONAL CLEARINGHOUSE FOR ALCOHOL AND DRUG INFORMATION (NCADI) is a toll-free service funded by the Federal Government. NCADI's information specialists will help you find information on all aspects of substance abuse from videos and prevention materials, to specific program descriptions, resources in your state, and the latest research results. Many publications and educational materials are available free from NCADI. (1-800-729-6686)
What is the last step in a comprehensive drug testing program?
A drug testing program is the LAST step of a comprehensive program. You should have in place a program which includes all the previous steps described in this pamphlet: a written policy statement, a supervisory training program, an employee education and awareness program, and an employee assistance program.
Where is the DOT drug enforcement office?
For specific information about compliance with the DOT drug abuse regulations, contact the Department of Transportation, Office of the Secretary, Drug Enforcement and Program Compliance, Room 10200, 400 Seventh Street, SW., Washington, DC 20590, or phone (202) 366-DRUG.
Why do employers want to retain current employees?
Employers generally try to retain current employees because an experienced employee can bring value to a company and because of the high costs of hiring and training new employees. When employees experience temporary problems that cause them to violate company policies to the point they are facing termination, employers may want to consider using ...
Do employers have to do drug rehab?
For drug and alcohol problems, the employer often requires the employee to complete a drug or alcohol rehab program, provide periodic status reports or a medical release to contact the rehab facility directly, and periodic drug or alcohol tests upon the employee's return to work. Under the ADA, employers are advised against dictating employee ...
Can an employer terminate an employee for drug abuse?
An employer may choose, but is not required by the ADA, to offer a “firm choice” or “last chance agreement” to an employee who otherwise could be terminated for poor performance or misconduct that results from alcoholism or drug addiction. Generally, under a “firm choice” or “last chance agreement” an employer agrees not to terminate ...
Federal Drug Laws
Possession
Trafficking Or Distribution
Manufacturing
Marijuana Laws
State Drug Laws
Workplace and Drug Testing Laws
- A number of federal requirements surround workplace drug testing. Private employers do not need a policy to ensure drug-free workplaces, with the exception of federal contractors and companies in safety or security-sensitive industries.15,16 There are 2 categories of federal laws regarding substance use in the workplace: those aimed at substance us...
Prevention
- H.R. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act of 2018, was made law to address the nations opioid overdose epidemic. The legislation includes provisions to strengthen the behavioral health workforce through increasing addiction medicine education; standardize the...
Functions
Purpose
Programs
Introduction
Funding
Benefits
Timeline
Accreditation