Template · Policies and handbooks
Drug and alcohol policy
In short
A drug and alcohol policy prohibits working while impaired, sets out when and how employees and applicants may be tested, explains what happens after a positive result or refusal, and points people to help. This template covers prohibited conduct, prescription drugs, testing types, cannabis rules that vary by state, confidentiality, and the federal Drug-Free Workplace Act statement.
Drug- and Alcohol-Free Workplace Policy template
Drug- and Alcohol-Free Workplace Policy
Replace each [Placeholder] and delete testing types you will not use. DOT-regulated employers must follow 49 CFR Part 40 and their agency's rules for covered employees; keep a separate DOT policy for them. State testing and cannabis laws differ widely, so have counsel review for each state where you operate.
1. Purpose and scope
[Company Name] is committed to a safe, healthy and productive workplace. This policy applies to all employees, applicants who receive a conditional offer, and, where their agreements say so, temporary workers and contractors. It applies on company premises, in company vehicles, at customer sites, while working remotely during working time, and at company-sponsored events.
2. Prohibited conduct
Employees may not:
- report to work or work while impaired by alcohol, cannabis, illegal drugs or misused prescription or over-the-counter medication - use, possess, sell, distribute or manufacture illegal drugs or drug paraphernalia while working or on company property - consume alcohol during working time, including paid breaks, except at company events where it is served with management approval [and never for employees in safety-sensitive roles who are on duty or on call] - tamper with, substitute or adulterate a test specimen
For this policy, "illegal drugs" means substances that are illegal under federal or applicable state law, and prescription drugs used without a valid prescription or not as prescribed.
3. Prescription and over-the-counter medication
Employees may use legally prescribed or over-the-counter medication as directed. If a medication may affect your ability to work safely (for example, it causes drowsiness and you drive or operate equipment), tell [HR or occupational health] before starting work. You do not need to name the medication or the condition. We will keep the information confidential and discuss temporary changes or accommodation where needed.
4. Cannabis
Being impaired by cannabis at work is prohibited everywhere. Cannabis remains a controlled substance under federal law. Where state law protects lawful off-duty cannabis use or limits testing for it, [Company Name] follows that law: [for example, in California we do not take action based on off-duty use or on tests that detect only nonpsychoactive metabolites, except for positions exempt under state law]. Employees in safety-sensitive and federally regulated positions are subject to stricter rules described in section 5.
5. Testing
Where permitted by law, the company may require drug and, where noted, alcohol testing in these situations:
- **Pre-employment:** after a conditional offer, for [all positions / safety-sensitive positions]. Alcohol testing is not done before an offer. - **Reasonable suspicion:** when a trained supervisor observes specific signs of impairment, such as slurred speech, odor, unsteady movement or unusual behavior, documented on the [Reasonable Suspicion Checklist] and confirmed by a second manager where practical. - **Post-accident:** after a workplace accident where drug or alcohol use could reasonably have contributed, or where required by law. Testing is not used to discourage injury reporting. - **Random:** for [safety-sensitive positions listed in Appendix A] only, selected by a neutral computer-based process. - **Return-to-duty and follow-up:** after a policy violation, as a condition of returning to work.
Testing uses [urine / oral fluid / breath] specimens collected by a qualified collector and analyzed by a laboratory certified by the U.S. Department of Health and Human Services (SAMHSA). Positive drug results are reviewed by a Medical Review Officer, who gives the person a chance to explain a legitimate prescription before reporting the result. Employees are paid for time spent testing, and the company pays the cost.
6. Results, refusals and consequences
A confirmed positive test, or a violation of section 2, may result in discipline up to termination, or for applicants, withdrawal of the conditional offer. Refusing a test, failing to report for a test within [two hours] of being told, or tampering with a sample is treated the same as a positive result. Employees sent for reasonable-suspicion or post-accident testing will be taken off duty pending results and will not be allowed to drive themselves. [At the company's discretion, a first violation may be handled through a last-chance agreement that includes assessment, treatment and follow-up testing.]
7. Getting help
Employees who are concerned about their own alcohol or drug use are encouraged to seek help before a problem affects their work. Confidential support is available through our Employee Assistance Program at [phone / website]. Asking for help before a violation or a test is scheduled will not, by itself, lead to discipline. Employees may be eligible for leave for treatment under the FMLA or company policy. Seeking help does not excuse a policy violation that has already occurred.
8. Drug conviction notice (federal contractors and grantees)
As a condition of employment, employees must follow this policy and must notify [HR contact] in writing of any conviction under a criminal drug statute for a violation occurring in the workplace no later than five calendar days after the conviction. The company will notify the relevant federal agency within ten days of learning of the conviction and, within 30 days, will take appropriate personnel action or require participation in an approved assistance or rehabilitation program.
9. Confidentiality and searches
Test results and related medical information are kept confidential, stored separately from personnel files, and shared only with people who need them to make employment decisions or as required by law. The company may inspect company property, such as lockers, desks and vehicles, where it has reasonable grounds and where permitted by law.
Acknowledgment
- I have received and read the Drug- and Alcohol-Free Workplace Policy and agree to follow it as a condition of employment.
- My position is designated safety-sensitive and subject to random testing
- YesNo
- Employee name
- Employee signature
- Date
How to use this template
- Decide which positions are safety-sensitive and list them in an appendix; only those should be in a random testing pool.
- Check each state where you have employees for testing restrictions, notice periods and cannabis protections, and add state inserts.
- Pick a testing vendor that uses SAMHSA-certified labs and a Medical Review Officer, and agree turnaround times for pre-employment results.
- Train supervisors on reasonable suspicion: what to observe, how to document it, and how to get the employee to a collection site safely.
- Set up your EAP details and the self-referral route before you publish.
- Distribute the policy, collect signed acknowledgments, and give applicants written notice of pre-employment testing before they are tested.
Do you need a drug-free workplace policy
Some employers must have one. The Drug-Free Workplace Act of 1988 requires covered federal contractors and all federal grant recipients to publish a statement banning unlawful drug activity in the workplace, run an awareness program, and require employees to report workplace drug convictions within five days; section 8 of the template covers that. It does not require testing. Employers regulated by the Department of Transportation (trucking, aviation, rail, transit, pipelines and maritime) must test covered employees under 49 CFR Part 40.
For everyone else, a written policy is about safety and consistency. Logistics, manufacturing, healthcare and construction employers almost always have one. Office and contact center employers often keep a short impairment rule in the handbook and skip testing, which is a reasonable choice when there are no safety-sensitive tasks. Pair the policy with a drug test consent form if you test, and put it in your employee handbook.
Testing: what each type is for
Pre-employment testing after a conditional offer is the most common. Under the ADA, a test for illegal drugs is not a medical exam, but an alcohol test is, so alcohol testing must wait until after an offer. In high-volume hiring, the drug test is often the slowest step: a warehouse hiring 200 seasonal associates can lose 10–15% of them in the gap between offer and result if collection sites are far away or results take a week. Instant oral-fluid screens with lab confirmation of non-negatives can shorten that, where state law allows them. Tell candidates what to expect with a drug test notification email.
Reasonable suspicion testing depends on trained supervisors and good notes. Without documentation, it looks like targeting.
Post-accident testing should be tied to whether impairment could have played a part. OSHA's injury-reporting rule prohibits retaliation for reporting injuries, and the agency has said testing used to deter reporting can violate it.
Random testing belongs only in safety-sensitive pools. Several states restrict it for other employees. More on methods and panels in our glossary entry on the drug test.
Cannabis, prescriptions and the ADA
Cannabis is where policies most often fall behind the law. A growing number of states, including California, New York, New Jersey, Minnesota and Washington, limit adverse action based on off-duty use or on pre-employment cannabis tests, usually with exceptions for safety-sensitive and federally regulated jobs. Several cities have their own rules. Many employers now drop cannabis from pre-employment panels for non-safety roles and focus on impairment at work. Federal law has not followed, and DOT-covered employees are still tested for it.
The ADA protects employees in recovery who no longer use illegal drugs and may protect people with alcoholism, but it does not protect current illegal drug use, and employers can hold everyone to the same conduct and performance standards. Handle prescription medication questions as you would any medical information: ask about safety effects, not diagnoses, and keep records confidential.
State drug testing laws differ in notice, lab, and confirmation requirements; check each state before testing.
Common mistakes
- Copying a DOT policy for non-DOT staff, which imports rules you do not need and some states would not allow.
- Random testing everyone, including remote office staff.
- Reasonable-suspicion testing with no written observations.
- Pre-offer alcohol tests or asking applicants about prescriptions before an offer.
- Ignoring state cannabis protections because "it's still federally illegal."
- No EAP or self-referral path, so people hide problems until an accident.
Frequently asked questions
What should a drug free workplace policy include?
A statement of purpose, who it covers, prohibited conduct, rules on prescription drugs and cannabis, when testing happens and how, what happens after a positive result or refusal, confidentiality, how to get help, and, for federal contractors and grantees, the conviction reporting requirement.
Is a substance abuse policy required by law?
Only for some employers: covered federal contractors and grantees under the Drug-Free Workplace Act, and DOT-regulated employers for safety-sensitive staff. Some state workers' compensation discount programs also require one. Everyone else adopts one voluntarily.
Can employers still test for marijuana?
In many states yes, but a growing number limit testing or action based on off-duty use, usually with exceptions for safety-sensitive roles. Impairment at work can be prohibited everywhere, and federally regulated employees are still tested.
Can an employer do random drug testing on all employees?
It depends on the state. Many employers limit random testing to safety-sensitive positions because several states restrict it for others and because it is hard to justify for office roles. DOT-covered employees must be in a random pool.
What happens if an employee refuses a drug test?
Most policies treat a refusal the same as a positive result, which can lead to discipline or termination. Make sure the policy says so clearly and that the employee was told in writing that a test was required.
Does the ADA protect employees who use drugs?
Not current illegal drug use. The ADA can protect people in recovery who no longer use illegal drugs and people with alcoholism, though employers may still require everyone to meet the same conduct and safety rules.