A Study of Drug-Free Workplace Policies of Texas Employers with Workers' Compensation Coverage
Executive Summary
The purpose of this study was to develop a description of the drug-free workplace policies and programs implemented by Texas employers covered under the Texas Workers' Compensation Act of 1989. The requirements of the project included determining the current policies and procedures of covered Texas employers, the percentage of the covered Texas work force working for employers with drug-free workplace policies, dates of implementation for drug-free workplace policies, actual experience of employers with respect to drugs in the workplace, and future plans and needs of employers to address the issue of drugs in the workplace.
To collect the needed data, a three-wave mail survey was sent to a random sample of covered Texas employers. The sample was stratified by the number of employees and by high-risk/low-risk industries. In addition, five case studies of employers were also completed. Employers selected for the case studies were: (1) an in-state manufacturer; (b) a transportation company; (c) a manufacturer of electronic components; (d) a large Texas municipality; and (e) a national, interstate business service provider.
The key findings from the survey are presented in three separate sections: (1) All Texas employers with 5 or more employees covered under the Workers' Compensation Act; (2) Texas employers with 15 or more employees covered under the Workers' Compensation Act; and (3) Texas employers with 5 to 14 employees covered under the Workers' Compensation Act. In the first section, the percentages are presented using two methods. The first method uses employers as the basis for calculation and the second method uses employees as the basis of calculation. In sections 2 and 3, employers are used as the basis for percentage calculations.
All Covered Texas Employers with Five or More Employees
Written Policies- Fifty-four percent of covered Texas employers had a written drug-free workplace policy specific to alcohol and/or drug use.
- Eighty-two percent of covered Texas employees worked for employers with a written drug-free workplace policy.
- Forty percent of the employers that had a drug-free workplace policy implemented the policy prior to 1991. Twenty-two percent implemented a drug-free workplace policy in 1991, and 38 percent implemented the policy in 1992 or later.
- Employees were seldom involved (16 percent of the time) in the planning and development of drug-free workplace policies.
- Nearly equal numbers of covered Texas employers had a drug-testing policy for managerial employees and job applicants (26 percent) and nonmanagerial employees and job applicants (28 percent).
- Among employers who used drug testing, a preemployment screen was the most commonly used techniq ue for managerial and nonmanagerial applicants (87 percent).
- Forty percent of the drug-testing policies were implemented prior to 1991. Nineteen percent of the drug-testing policies were implemented in 1991, and 41 percent implemented a drug-testing policy in 1992 or later.
- Relatively few employers (14 percent) indicated they had an employee assistance program (EAP).
- Thirty-one percent of employees had access to EAP services.
- Of the employers who an EAP, 41 percent first offered EAP services prior to 1991. Eighteen percent put an EAP in place in 1991, and the remaining percent put an EAP into place after 1991.
- Of the employers who had an EAP, 62 percent put it into place the same year they implemented their drug-free workplace policies.
- The most common services offered among those employers with EAPs were alcohol and drug-abuse treatment (92 percent), followed by psychological counseling (68 percent), job-related concerns (52 percent) and marital and family conflict (52 percent).
Covered Texas Employers with 15 or More Employees
All covered employers with 15 or more employees are required by the Texas Workers' Compensation Act to have a written drug-free workplace policy. This section provides key findings for these employers.
Written Policies- Eighty percent of covered Texas employers with 15 or more employees had a written drug-free workplace policy that applied to both managerial and nonmanagerial employees.
- The percentage of employers with a written policy increased as the number of employees increased, from 75 percent for employers with 15 to 20 employees to 98 percent for employers with more than 500 employees.
- A larger percentage of employers in high-risk industries (88 percent) had a written drug policy than did employers in low-risk industr ies (79 percent).
- Construction industry employers were more likely to have a written drug policy (91 percent) than were employers in any other industry.
- Thirty-seven percent of the employers developed their written drug-free workplace policy prior to 1991, and 27 percent implemented the policy in 1991. The remaining 36 percent added a drug-free workplace policy after 1991, and 41 percent have updated their policy since adoption.
- Employees were involved in the development of the drug-free workplace policy in only 17 percent of the cases.
- Forty-two percent of the employers had drug-testing programs for managers and managerial job applicants, and 46 percent of the employers had drug-testing programs for nonmanagerial employees and job applicants.
- The percentage of employers with a drug-testing program for managers and managerial job applicants increased as the number of employees increased: 35 percent of employers with 15 to 50 employees conducted drug testing, versus 71 percent of employers with more than 500 employees.
- The percentages were slightly higher regarding the testing of nonmanagerial employees and job applicants: 39 percent of employers with 15 to 50 employees conducted drug testing, versus 77 percent of employers with more than 500 employees.
- The percentage of employers with a drug-testing program for managers and managerial applicants was higher for employers in high-risk industries: 35 percent of employers in low-risk industries conducted drug testing, versus 77 percent of employers in high-risk industries.
- Employers in the construction industry (82 percent for managerial and 89 percent for nonmanagerial) were far more likely to have a drug-testing program than were employers in any other industry.
- A "concern for company liability" and use of drug testing as an "effective early decision procedure" were the two mo st reported reasons for employers implementing drug-testing programs.
- The most frequently reported reason for not implementing a drug-testing program was "lack of a drug problem," followed by "possible legal challenges."
- Forty percent of the employers with a drug-testing program began testing before 1991. Twenty percent began testing in 1991, and 40 percent added drug-testing after 1991.
- One-quarter of the employers indicated that they had an EAP.
- The propensity of an employer to have an EAP increased as the number of employees increased: 21 percent of the employers with 15 to 20 employees had an EAP, compared to 29 percent of the employers with 51 to 100 employees, 39 percent of the employers with 101 to 500 employees, and 54 percent of the employers with more than 500 employees.
- Among employers with EAPs, 75 percent used an outside vendor to supply the services.
- Twenty-two percent of the EAPs were implemented prior to 1991. Nineteen percent of the employers implemented their EAPs in 1991, and 59 percent were implemented after 1991.
Covered Texas Employers with between 5 and 14 Employees
This section provides key findings for covered employers with between 5 and 14 employees. These employers are not required by the Texas Workers' Compensation Act to have a written policy.
Written Policy- Thirty-four percent of these employers had a written drug-free workplace policy that applied to both managerial and nonmanagerial employees.
- A much higher percentage of these small employers in high-risk industries had written drug-free workplace policies (68 percent) than did employers in low-risk industries (27 percent).
- Employees were involved in the development of the drug-free workplace policy in 16 percent of the cases.
- Very few of these employers (15 percent) had a drug-testing program.
- Lack of a drug problem was again the primary reason cited for not implementing a drug-testing program.
- Only five percent of these employers had an EAP.
- Small employers in high-risk industries were more likely to have an EAP than employers in low-risk industries.
