OSHA's 1998 position on workplace drug and alcohol hazards

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

May 2, 1998
Mr. Patrick J. Robinson
Safety Coordinator
Starline Manufacturing Co., Inc.
[Recipient address omitted]
Dear Mr. Robinson:
This is in response to your letter dated April 9, to Gerald Cunningham, Area Director, Milwaukee Area Office. You requested clarification of the Occupational Safety and Health Administration's (OSHA's) viewpoint of providing a safe work environment, specifically related to workers performing work under the influence of alcohol or illicit drugs. Your letter was forwarded to us from the Milwaukee Area Office to answer.
In your letter you asked the following questions:
Question 1. Does OSHA believe that an employer has a duty to provide a workplace free of employees performing assigned duties with mechanical machinery under the intoxicating influence of alcohol or under the influence of illicit drugs?
Response: OSHA strongly supports measures that contribute to a drug-free environment and reasonable programs of drug testing within a comprehensive workplace program for certain workplace environments, such as those involving safety-sensitive duties like operating machinery. Such programs, however, need to also take into consideration employee rights to privacy.
Question 2. If so, has OSHA been in a position to enforce such a viewpoint?
Response: Although OSHA supports workplace drug and alcohol programs, at this time OSHA does not have a standard. In some situations, however, OSHA's General Duty Clause, Section 5(a)(1) of the OSH Act, may be applicable where a particular hazard is not addressed by any OSHA standard.
Citations for violation of the General Duty Clause are issued to employers when the four components of this provision are present, and when no specific OSHA standard has been promulgated to address the recognized hazard. The four components are: (1) the employer failed to keep its workplace free of a "hazard;" (2) the hazard was "recognized" either by the cited employer individually or by the employer's industry generally; (3) the recognized hazard was causing or was likely to cause death or serious physical harm; and (4) there was a feasible means available that would eliminate or materially reduce the hazard. An employer's duty will arise only when all four elements are present.
Question 3. Generally speaking, what steps would be deemed reasonable in attempting to provide an alcohol/drug free workplace?
Response: On April 12, 1996 the U.S. Department of Health and Human Services (DHHS) released a study of drug abuse among U.S. workers. An announcement of this study may be found on the DHHS Internet website [at http://www.hhs.gov/news/press/1996pres/960412.html.] The DHHS announcement (copy enclosed) gives an 800 number for employers to call for guidance and technical assistance in setting up a substance abuse prevention program. This service is free and available to all employers during regular working hours in both English and Spanish languages. The number is: 800-WORKPLACE.
An employer's trade association, or workers' compensation insurance company may also be able to give helpful advise. Any educational/training activity that helps employers and employees become aware of the dangers of working under the influence of alcohol, illicit drugs, and even some over-the-counter and prescription medications would be a good first step.
Thank you for your interest in occupational safety and health. If we can be of further assistance, please contact Helen Rogers of my staff at (202) 219-8031 x106.
Sincerely,
John B. Miles, Jr., Director
[Directorate of Enforcement Programs]
Enclosure
[Corrected 10/22/2004. The referenced DHHS document is now archived. Please see the Department of Health and Human Services Topic Index for a list of web sites that have additional information on Substance Abuse.]

[HHS press release enclosed on OSHA's page; omitted here.]