Legal Considerations

Special Industry Considerations

Under federal and state guidelines, some industries may have specific regulations that apply to what they are required, able, or unable to do when addressing substance use in their workforce.

Employer Size and Type

These characteristics affect compliance with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA.)

Safety- and Security- Sensitive Industries

These organizations are subject to drugtesting regulations from the U.S. Department of Transportation (DOT), U.S. Department of Defense (DOD),  and Nuclear Regulatory Commission (NRC).

Labor Union

Unions can play a major part in what actions employers can take in addressing substance and opioid use, per the National Labor Relations Act of 1935. Collective bargaining is an opportunity for employers and labor to come together to agree on benefits and policies for the union represented workforce.

Federal Agencies, Contractors, and Grantees

These entities are required to implement a drug-free workplace program under the Drug-free Workplace Act of 1988.