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Legal Regulation Impacting Human Resources :Drug-Free Workplace Act - Research Paper Example

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Legal Regulation Impacting Human Resources Paper: Drug-Free Workplace Act Name: Institution: Legal Regulation Impacting Human Resources Paper: Drug-Free Workplace Act A drug-free workplace is defined by a working environment that is free from the hazards posed to productivity, safety and health by the use of drugs and controlled substances by employees…
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Download file to see previous pages Use of drugs by any level of employees during their own time has been known to cause absenteeism that works against the initiatives of the Drug-Free Workplace Act. Enacted in 1988, the law was intended to eventually curb the losses incurred by businesses in billions of dollars as a result of annual drops in productivity, with half of the cases related to illnesses and the other half to premature death. This paper will describe and discuss the Drug-Free Workplace Act of 1988 and the history of the law including issues that led to its passage. It will then discuss the impact of the law on health organizations. Description of the Act The provisions of the Act are applicable to organizations that receive annual federal contracts that have a minimum value of $100,000. As a US federal legislation, the main objective of the Drug-Free Workplace Act of 1988 is to minimize the use of drugs by employees in organizations and by individuals that have contracts and grants with the federal government. A fundamental requirement of the Drug-Free Workplace Act of 1988 is for all federal grantees and some federal contractors to show that they will meet the prerequisite mandate to receive a grant or contract from Federal agencies. As a prequalifying condition, this means that they must be able to provide workplaces that are drug-free as per the guidelines prescribed by the Act in Section 706(2) (Bennett & Lehman, 2003). All covered grantees and contractors need to maintain a continuous drug-free environment but, however, depending on whether they are an organization or individual, the applicable specific components required to qualify differ. Potential employees must consent to the policy after reading and understanding it as a precondition of employment. Employers are obliged to publish and distribute to all covered employees a policy statement that informs them of the illegality of possessing, dispensing, distributing or manufacturing of controlled substances in the premises of the covered workplace (Webb, Shakeshaft & Havard, 2009). It should also be clear that such a policy is also applicable to any organization-sponsored projects that take place away from the registered premises. Through the publication, the employees must also be made aware of the legally prescribed actions against violators of the policy. The employer is also required to establish programs for employees that raise awareness of the drug-free maintenance policy; drug-related risks at the workplace; specific penalties relating to different aspects of violations; and available employee assistance initiatives, rehabilitation and drug counseling. All employees must be duly notified of their covered status by reason of being federal employees either by grant or contract. They must, therefore, adhere to policy statement’s terms and, within five days, notify the employer if they are convicted of criminal workplace drug violations. Under the Act, it is also an employer’s obligation to notify a granting or contracting agency in the event that a covered employee gets a conviction of violating the workplace drug policy within 10 days of receipt of the notice. Further, the employer may impose penalties on convicted employees or suggest adequate participation in rehabilitation or assistance programs. Such penalties are ...Download file to see next pagesRead More
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