Workplace Relevance of the SUPPORT for Patients and Communities Act

(Winter 2018) Employers may also see changes due to the SUPPORT for Patients and Communities Act. There is a high probability that the Mandatory Guidelines for Federal Workplace Drug Testing Programs will be revisited by the Secretary of Health and Human Services (HHS) to decide if the opioid category should be widened to incorporate fentanyl.

The HHS Secretary will determine if the group should be broadened to encompass all Schedule I and II drugs listed in the Controlled Substances Act as well. Any additions made will be posted to the Federal Register before taking effect so workplaces can adjust their alcohol and drug screening policies accordingly.

With the new SUPPORT Act, the Department of Transportation (DOT) is charged with producing a public drug and alcohol database. The Comptroller General will use the database to analyze the DOT’s rules and release a report, which could contain recommendations for DOT policy changes. Although this may not impact employers right away, it’s anticipated that they will be mandated to use the database when it is operational.

The legislation also includes the Fixing America’s Surface Transportation Act (FAST Act). If hair testing guidelines are approved, the FAST Act will allow applicable motor carriers to test with hair instead of urine when screening their drivers.

Additionally, the HHS Secretary must release a final notice for the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid to the Federal Register by the end of 2018. Beyond affecting parameters at the national level, this would affect many states that mandate adherence to HHS/DOT code.

The SUPPORT Act also specifies that a very limited quantity of employers will be able to qualify for federal grants to help addicted individuals in the recovery process. These workplaces will be viewed as eligible organizations if they provide substance abuse treatment and team up with other community, state and/or local entities.

It’s anticipated that qualified employers will be identified within zones having the largest number of deaths attributed to drug overdoses. Workplaces receiving grants are required to use the money to assist those in recovery from drug abuse in merging successfully into the employee pool through vocational training. Grant money may also be applied toward the salaries of recovery support administrators and/or counselors.

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