Ala. Admin. Code r. 480-5-6-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-5-6-.02 - Drug-Free Workplace Certification

(1) Employers desiring a Drug-Free Workplace certification pursuant to Alabama Act 95-535 shall submit their request in writing on forms as approved by the Director, to the Department of Industrial Relations, Workers' Compensation Division, Drug-Free Workplace Certification Program.

(a) In addition to the request, the employer may be required to submit the following documentation at the request of the Department:

1. The employer's written policy;

2. A statement identifying each substance abuse test that shall be conducted;

3. A statement describing the employer's Employee Assistance Program, if provided. If an Employee Assistance Program is not provided, a listing of providers of other employee assistance shall be forwarded;

4. A description of the employee education program and a statement verifying the frequency and duration of each educational session;

5. A description of the supervisor's education program and a statement verifying the frequency and duration of each educational session;

6. A statement describing the Drug-Free Workplace Program's confidentially standards and a copy of any related forms; and

7. Copies of any posters or forms utilized in the Drug-Free Workplace Program.

(2) The Department shall use the "Drug-Free Workplace Application," or as subsequently revised, to determine if an employer will be certified.

(3) Employers shall maintain compliance with the criteria for a certified drug-free workplace during the entire year that certification is granted.

(a) The Workers' Compensation Division upon receipt of any allegations or complaints that an employer has not maintained a drug-free workplace, shall investigate the facts and determine on a case-by-case basis whether to revoke a certification.

(b) The Workers' Compensation Division has the authority to revoke certification if it finds that an employer has not substantially complied with the certification requirements.

(4) Before denying or revoking a Drug-Free Workplace Certificate, the Department shall provide the applying employer or certificate holder with the opportunity to file an administrative appeal.

(a) Any person or entity, aggrieved by any action, decision, or order made pursuant to these Rules, may appeal or seek informal redress pursuant to the Department of Industrial Relations Administrative Code, Rules 480-1-1-.05, 480-1-1-.06 and other applicable Rule and law.

(5) The fee for a Drug-Free Workplace certificate is $25.00, payable to the Department of Industrial Relations.

Author: Workers' Compensation Division

Ala. Admin. Code r. 480-5-6-.02

Filed March 8, 1996; effective April 12, 1996.

Statutory Authority:Code of Ala. 1975, §§ 25-5-330 through 25-5-340.