Drug-Free Workplace Program
Written drug-free workplace policy, testing triggers, MRO procedures, and employee assistance program requirements.
What this document is
This document is a complete written Drug-Free Workplace Program tailored for construction employers. It establishes clear policies on substance abuse, testing requirements, medical review processes, and support for affected employees.
The regulation that requires it
Federal construction projects fall under 29 CFR 1926, which incorporates drug-free workplace requirements through the Drug-Free Workplace Act and related contract clauses. In California, contractors must also meet Title 8 CCR Section 5194 and state-specific Cal/OSHA expectations for hazard control and worker safety programs. The rule requires employers to maintain a written policy, conduct testing under defined triggers, use qualified Medical Review Officers, and provide employee assistance resources. These measures help prevent workplace incidents linked to substance use.
Who needs it
General contractors, subcontractors, and specialty trades on federal or state-funded projects need this program. Employers in California must comply with both federal 29 CFR 1926 and Title 8 CCR standards. It applies to any contractor whose employees operate vehicles, heavy equipment, or work in safety-sensitive roles. Public works and prevailing-wage jobs in California trigger these requirements most often.
What happens without it
OSHA can issue Serious citations ranging from $15,625 to $156,259 per violation depending on severity and employer size. Willful or repeated violations can reach the maximum statutory penalty of $156,259 as published in the current OSHA penalty schedule. Inspections frequently occur after incidents or complaints, increasing the chance of multi-employer citations on job sites. Lack of a written program also weakens defenses in workers compensation claims and contract disputes.
What's included in the generated document
- Written drug-free workplace policy statement
- Defined testing triggers and procedures
- Medical Review Officer (MRO) responsibilities and protocols
- Employee assistance program description and referral process
- Acknowledgment forms and recordkeeping requirements
How to implement it at your company
- Review the document and customize company-specific details such as testing vendors and EAP contacts.
- Distribute the policy to all employees and require signed acknowledgments.
- Train supervisors on testing triggers, observation procedures, and documentation steps.
- Contract with a qualified laboratory and Medical Review Officer listed in the program.
- Integrate the policy into your safety manual and review it during new-hire orientation and annual safety meetings.