It sounds so simple. Work and substance use don’t mix. Yet to an employer working to create a drug policy, the deeper you dig, the more complex the labyrinth seems to get.
It sounds so simple. Work and substance use don’t mix. Yet to an employer working to create a drug policy, the deeper you dig, the more complex the labyrinth seems to get. First there are state and local laws regulating drug testing, individual state workers’ compensation laws and unemployment insurance laws. Then layer on state and local legislation over legalization of marijuana, and employers face a daunting maze. But it doesn’t have to be overwhelming to manage.
“Today we have a proliferation of drugs that didn’t exist back then, and users are starting at a much younger age and using at a much older age.”
– CHRISTINE CLEARWATER
Christine Clearwater has been navigating that maze for decades. As founder and CEO of Drug Free Solutions Group, she’d been helping corporations gear their drug policies. “When I started in 1989, the issues often centered around the Department of Transportation and their regulations and requirements. But even early on in the industry, things were much simpler,” she says. “Back then, although there was ecstasy, methamphetamine, and marijuana, overall, there was a steady state or decline in drug abuse. Today we have a proliferation of drugs that didn’t exist back then, and users are starting at a much younger age and using at a much older age.”
How marijuana is changing company drug policies
“Federal laws have become much more complicated to comply with, both for non-regulated and regulated businesses,” Christine says. “State laws have now stepped in, with marijuana, and have driven the legislation to a statutory level, so companies now must comply not only with Federal but also with statutory laws, procedures, restrictions, etcetera. So, for 50 states, there are 50 different multiples that employers must take into consideration.”
“Marijuana has become a very complex issue,” Christine adds. “Right now, about 12 states haven’t legalized marijuana for any reason. About 20 states have legalized marijuana but employers don’t have to accommodate, about the same number of states have legalized marijuana but have provided those people with marijuana cards certain protections, others have legalized marijuana for recreational purposes. If your business is in one state, you just have to comply with Federal and that one state. But if you’re multi-state, as many companies are, now you have to comply with all states. That applies to where companies have brick and mortar, but also to people working out of their homes, which is considered office, as well as where a company has on-going projects so therefore you need to take those states in consideration for statutory reasons.”
Making drug policies affordable
Christine had been serving companies which had the resources to afford her customized consulting work. But in the increasingly complex business of creating drug policies, one issue lodged prominently in her mind: There were companies across the nation without the resources to hire a consultant, yet in great need of a legally sound drug policy. “I loved working with small- and medium-sized businesses, but those were often the businesses who couldn’t afford a $3,000 or $4,000 consulting fee — and they were often the companies who needed a drug policy the most,” she says. Businesses like construction firms, roofing companies, transportation and distribution companies can face devastating impacts from employee substance use. Christine wanted to create a solution for them.
“I could spend up to seven hours with a client building a policy, but with Drug Free Guru, companies can literally obtain my consulting policy shaped in a way that can be done online.”
“The vision just kept dancing in my head,” she relates. “I couldn’t let it go.” So, she began working to bring a more affordable, online version of her drug policy consulting to life. She named it Drug Free Guru. “How do you create something complex and bring it down so it’s simpler, but make sure it’s comprehensive, easy to comply with and give employers the confidence to implement and take action? I wanted to make sure companies had an end result without the cost of a consultancy but had the quality of a consultancy.” Christine began structuring a Drug-Free Workplace Policy and applicable support documents that employers could generate themselves, beginning with a series of questions they could easily answer about their business as well as detailed guidance to assist in the making of informed decisions that best reflects and serves the company’s culture and management. “I could spend up to seven hours with a client building a policy, but with Drug Free Guru, companies can literally obtain my consulting policy shaped in a way that can be done online. It’s something they wouldn’t get with ordinary templates where you just plug in a name and date.”
Christine then worked to bring in partners that would provide discounted rates on associated services companies might need, like employee education, manager training, drug testing, state law reviews, and employee assistance programs. “The policy really needs to be a program. It’s like building a house or car. You need walls. You need the engine,” Christine explains. “An employer’s policy becomes a program by having drug and alcohol testing (oral fluid testing is an effective way to go, by the way), by having education and training and an Employee Assistance Program, which can give you a significant return on investment. I identified the “best of breed,” vetting all the services we connect employers with, and the employers get preferred pricing, so they have the confidence they get the best services at the best rates — it’s up to them what they choose to do. It’s a holistic approach enabling them to have the whole car, or the whole house with all the pillars.”
Ron Adams, Vice President of Risk Management, has seen a thing or two relating to workplace substance abuse. From insuring large corporations against liability to actually running risk management programs for large and complex firms in the U.S., he explains the value of creating a comprehensive, legally sound workplace program through Drug Free Guru. “A company can answer 41 questions and create a drug and alcohol policy based on the company’s DNA — not just “construction, manufacturing or “transportation” but any industry — and it’s a drug and alcohol policy that a company can understand and manage. Plus, the company has access to services through affiliates that have testing kits, education, counseling, state law reviews, employee assistance programs, as well as an extensive library and resource center. And it’s all provided in a cost-effective manner. You have a one-stop shopping platform with on-going access without the barrier to entry. Collectively with all the people involved in Drug Free Guru’s development, we’ve been able to do that in a way that will provide a significant impact for the end user.
“I wanted to create a way for small- and medium-sized companies to have a program that would help them establish a healthier employee base, a healthier bottom line and a healthier community,” Christine adds. “Those are some of the impacts that were crucial for me. From a company’s perspective, substance abuse can be a significant challenge, and we’re able to educate and guide them through the process and give them the confidence to move forward and make a positive difference in their work environment.”