Smart Business Magazine, December 2018

60 Smart Business Cleveland December 2018 INSIGHTS BUSINESS INSURANCE Ignoring it isnt an option Drug use and substance abuse must be addressed by employers There can be an element of dont ask dont tell to employee drug and alcohol use but this is no time to bury your head in the sand With the opioid epidemic prescription drug utilization has many of the same potential consequences as someone who is using illegal drugs in terms of the ability to be present and fully engaged Additionally shifting societal views and Ohios acceptance of medical marijuana create even more change Job candidates are already coming in for pre employment drug testing and when they test positive for marijuana saying Wait thats not a drug anymore But just because its legal in more than 30 states doesnt mean its not a controlled federal substance says Stephen Ligus vice president and employee benefits leader at Hylant With the low unemployment rate some employers realize not only will they probably employ individuals in the future who may not pass a drug test they already have employees who wouldnt pass A zero tolerance policy and hardline approach may no longer be an option for everyone But a comprehensive policy for a drug free workplace or substance abuse is a must for all business owners Smart Business spoke with Ligus about employer drug policies in businesses today Do companies typically have a drug free workplace or substance abuse policy Given the rapidly changing environment having a current drug free workplace policy is essential Some businesses have integrated a drug free workplace with safety programs and do random drug tests to get discounts on workers compensation premiums Others are federal contractors that must have a drug free workplace policy or they employ drivers which need to meet Department of Transportation qualifications Why is it important to have a comprehensive policy in your handbook If you dont have a policy its difficult to enforce the conditions you want for your workplace Take a holistic approach recognize the risks inherent in your population the potential safety issues involved and understand that society is changing A comprehensive policy doesnt mean a failed test is grounds for immediate termination but it should help protect your organization and provide resources to hopefully help individuals To assist employees with substance abuse employers provide employee assistance programs EAPs awareness of community resources and even peer counseling Whats important to understand about Ohios medical marijuana law Ohios medical marijuana law like other states does not provide a free pass to use marijuana in the workplace Nor does it provide employees freedom to show up to work under the influence Your policy should state that employees cant work under the influence if it interferes with workplace safety ability to work etc Employers also can take a hardline stance against possession and use of the drug and its paraphernalia as well as distribution From a federal standpoint it remains an illegal drug Overall its increasingly difficult to determine whether someone is under the influence Proper training and education of your supervisors and managers is essential As an example mood swings or being lethargic may indicate use of a substance medical prescription or it could mean the person is just having a bad day How does an employers health plan play into this Medical marijuana is not a benefit paid for by health plans however virtually every health plan covers mental health and substance abuse treatment From a mental health parity standpoint its important that employees and their dependents understand their plans access to care For employers there needs to be a firewall between your health plan and your employment decisions For example there may be additional protections for employees through other laws and regulations such as the Americans with Disabilities Act which should be consulted In all instances employers should consult their attorney and employee benefits professional to review their policies STEPHEN LIGUS Vice president and employee benefits leader Hylant 216 447 1050 stephen ligus@ hylant com Insights Business Insurance is brought to you by Hylant WEBSITE To learn more about Hylants employee benefits services visit www hylant com services employee benefits INTERVIEWED BY JAYNE GEST