Questions You Should Ask about Your Workplace Drug Free Policy

Many employers have a drug and alcohol free workplace policy tucked into an employee handbook which was carefully written years ago and is rarely revisited unless an issue arises. But the workplace landscape surrounding substance use has changed significantly. Laws are evolving in states and cities all over the U.S., new substances are emerging, and expectations around employee rights and workplace safety continue to shift.

Is your policy still doing the job it was created to do?

Reviewing a workplace drug and alcohol policy is no longer just about compliance. It is an opportunity to evaluate whether your approach still reflects current realities and supports a safe, productive work environment. The strongest policies today function as practical safety tools, not just rulebooks.

A good place to start is by reconsidering the purpose behind the policy. Does it clearly focus on preventing workplace impairment and protecting safety, or does it read primarily as a disciplinary document? Employees are more likely to understand and respect policies when expectations are tied to safety and performance rather than punishment.

This distinction has become especially important as marijuana laws continue to change. While marijuana remains illegal under federal law at the time of writing, many states allow medical or recreational use and provide employment protections tied to off-duty conduct. Employers must increasingly distinguish between lawful off-duty behavior and on-the-job impairment, which is a tricky task. These are two issues that are not always addressed clearly in older policies.

At the same time, marijuana is only one part of a broader challenge. Workplaces continue to face risks related to opioids and increasingly potent substances such as fentanyl, reminding employers that substance trends evolve over time. Policies that worked a decade ago may not fully address today’s risks.

Drug testing programs also deserve renewed attention. Many organizations rely on testing practices established years ago without reassessing whether they still align with current regulations or workplace needs. Employers may benefit from asking whether testing is being used strategically to support safety goals or simply maintained out of habit. Also, consider the types of testing – hair, urine, breath, etc. Have the regulations changed for the types of employees and supervisors you have, or have best practices adjusted?

For multistate employers, complexity adds another layer. Drug testing rules and employee protections vary widely by jurisdiction, meaning a single policy may not work everywhere. Regular review helps ensure practices remain compliant and consistent across locations.

Employers are also seeing more questions related to disability accommodations connected to medical conditions and prescribed treatments. Having a clear, consistent process for handling these situations (and ensuring managers understand how to respond) can prevent confusion and reduce risk while balancing safety responsibilities.

Even the best-written policy, however, depends on effective implementation. Supervisors are often the first to notice potential impairment, yet many receive limited training on recognizing warning signs or documenting concerns appropriately. Ongoing training helps ensure policies are applied fairly and confidently. As always, NDWA is happy to help you with your supervisor training needs!

A meaningful policy review should extend beyond the written document to include training, communication, and testing procedures. A drug-free workplace program works best when all of these elements support the same goal: maintaining a safe and healthy workplace.

Ultimately, reviewing your policy is less about reacting to change and more about preparing for what comes next. Workplace expectations will continue to evolve, and organizations that reassess their approach regularly are better positioned to adapt.

A useful question to guide the process is simple: If we were creating our drug-free workplace policy today, would it look the same?

If the answer is unclear, it may be time for an update.

Sources:

Center, R. T. (n.d.). How often should you update your workplace drug testing policy? Rapid Test Center. https://rapidtestcenter.com/drug%2Falcohol-testing-1/f/how-often-should-you-update-your-workplace-drug-testing-policy?blogcategory=Drug+Testing

Nagele-Piazza, L., JD. (2023, December 21). Workplace drug Policy updates: Just say yes. SHRM. https://www.shrm.org/topics-tools/news/hr-magazine/workplace-drug-policy-updates-just-say-yes

The evolution of workplace drug testing: What employers need to know for 2026 - Ogletree. (2026, January 9). Ogletree. https://ogletree.com/insights-resources/blog-posts/the-evolution-of-workplace-drug-testing-what-employers-need-to-know-for-2026/