According to the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA), an estimated 11.5 million people in the U.S. misused prescription opioids in 2016. Given the pervasiveness of opioid abuse, it is only logical to conclude that the epidemic has had an impact on the workplace. Indeed, a 2017 National Safety Council (NSC) survey of more than 500 human resource officials revealed that 70% of the respondents have seen some negative workplace impact from opioid abuse, including increased absenteeism, decreased job performance, and reduced employee morale.
Employers may therefore be tempted to test their employees for opioid use as a means of dealing with a potential abuse problem. As a reminder, however, there are strict limits imposed by the Americans with Disabilities Act (ADA) on if, how, and when drug testing can be conducted in the context of the use of a legal drug. In fact, testing is rarely the best option and can place an employer at legal risk under the ADA.
NT Lakis attorneys have prepared a guide containing some practical pointers, in a user-friendly FAQs format, as to how employers can respond to the opioid epidemic with respect to their own employees without violating the ADA. Keep in mind that the guidance provided is designed to be general and should not be construed as legal advice. Specific compliance issues that arise should be referred to counsel.
Members of the Center for Workplace Compliance (CWC) can read more here.