The following is the state law for an Alabama Drug Free Workplace.
Section 25-5-332
Premium discount where drug-free workplace program implemented.
| (a) |
If an employer implements a drug-free workplace program substantially in accordance with this article, the employer shall qualify for certification for a five percent premium discount under the employer's workers' compensation insurance policy. |
| (b) |
For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 1996, there shall be granted by the insurer a five percent reduction in the premium for the policy if the insured has been certified by the Department of Industrial Relations, Workers' Compensation Division, as having a drug-free workplace program which complies with the requirements of this article and has notified its insurer in writing of the certification. |
Section 25-5-333
Elements of program
| (a) |
A drug-free workplace program shall contain all the following elements: |
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(1) |
A written policy statement as provided in Section 25-5-334. |
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(2) |
Substance abuse testing as provided in Section 25-5-335. |
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(3) |
Resources of employee assistance providers maintained in accordance with Section 25-5-336. |
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(4) |
Employee education as provided in Section 25-5-337(a). |
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(5) |
Supervisor training in accordance with Section 25-5-337(b). |
| (b) |
In addition to the requirements of subsection (a), a drug-free workplace program shall be implemented in compliance with the confidentiality standards provided in Section 25-5-339. |
Section 25-5-334
Notice of testing; written policy statement
| (a) |
One time only, prior to testing, all employees and job applicants for employment shall be given a notice of testing. In addition, all employees shall be given a written policy statement from the employer which contains all of the following: |
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(1) |
A general statement of the employer's policy on employee substance abuse which shall identify: |
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a. |
The types of testing an employee or job applicant may be required to submit to, including reasonable suspicion or other basis used to determine when the testing will be required. |
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b. |
The actions the employer may take against an employee or job applicant on the basis of a positive confirmed test result. |
Section 25-5-335
Types of tests; procedures for specimen collection and testing; laboratory; confirmation of tests.
| (a) |
An employer is required to conduct the following types of tests in order to qualify for the workers' compensation insurance premium discounts provided under this article: |
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(1) |
An employer shall require job applicants to submit to a substance abuse test after extending an offer of employment. Limited testing of job applicants by an employer shall qualify under this article if the testing is conducted on the basis of reasonable classifications of job positions. |
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(2) |
An employer shall require an employee to submit to reasonable suspicion testing. |
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(3) |
An employer shall require an employee to submit to a substance abuse test if the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group. |
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(4) |
If the employee, in the course of employment, enters an employee assistance program or a rehabilitation program as the result of a positive test, the employer shall require the employee to submit to a substance abuse test as a follow-up to the program. Notwithstanding the foregoing, if an employee voluntarily entered the program, follow-up testing shall not be required. If follow-up testing is conducted, the frequency of the testing shall be at least once a year for a two-year period after completion of the program and advance notice of the testing date shall not be given to the employee. |
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(5) |
If the employee has caused or contributed to an on-the-job injury which resulted in a loss of work time, the employer shall require the employee to submit to a substance abuse test. |
Section 25-5-336
Employee assistance program or resource file of employee assistance providers.
| (a) |
If an employer has an employee assistance program, the employer shall inform the employee of the benefits and services of the employee assistance program. In addition, the employer shall provide the employee with notice of the policies and procedures regarding access to and utilization of the program. |
| (b) |
If an employer does not have an employee assistance program, the employer shall maintain a resource file of providers of other employee assistance including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems and shall notify the employee of the availability of the resource file. In addition, the employer shall post in a conspicuous place a listing of providers or employee assistance in the area. |
Section 25-5-337
Semiannual education program; supervisor training.
| (a) |
An employer shall provide all employees with a semiannual education program on substance abuse, in general, and its effects on the workplace, specifically. An education program for a minimum of one hour should include, but is not limited to, the following information: |
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(1) |
The explanation of the disease model of addiction for alcohol and drugs. |
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(2) |
The effects and dangers of the commonly abused substances in the workplace. |
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(3) |
The policies of the company and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so. |
| (b) |
In addition to the education program provided in subsection (a), an employer shall provide all supervisory personnel with a minimum of two hours of supervisor training, which includes, but is not limited to, the following information: |
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(1) |
How to recognize signs of employee substance abuse. |
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(2) |
How to document and collaborate signs of employee substance abuse. |
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(3) |
How to refer substance abusing employees to the proper treatment providers. |
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