Report on Employer Policies for Employee Substance Use in Connecticut and Alignment with Sustainable Development Goals

Introduction: Fostering Decent Work and Well-being

This report outlines the legal framework governing employer management of employee substance use in Connecticut. It emphasizes the critical intersection of corporate policy with global commitments to the Sustainable Development Goals (SDGs), particularly SDG 3 (Good Health and Well-being) and SDG 8 (Decent Work and Economic Growth). By implementing fair, transparent, and health-focused policies, employers can ensure legal compliance while promoting a safe, productive, and equitable work environment that supports employee health and protects labor rights.

H3: Drug and Alcohol Testing Protocols

In alignment with SDG 8, which calls for the protection of labor rights and safe and secure working environments, Connecticut law places specific limitations on employer-mandated drug and alcohol testing to protect employee privacy and prevent arbitrary actions. Private sector employers must adhere to the following guidelines:

• Random Testing: Generally prohibited unless specifically authorized by federal law (e.g., Department of Transportation regulations), or if the employee is in a high-risk or safety-sensitive role as defined by the state.
• Reasonable Suspicion: Testing is permissible when there is a reasonable suspicion of an employee being under the influence at work. This approach balances workplace safety with individual rights.
• Pre-Employment Screening: Prospective employees may be required to undergo a urinalysis drug test, provided they receive written notification at the time of their application.
• Voluntary Programs: Testing may be part of an employee’s voluntary participation in an employee assistance or rehabilitation program, supporting SDG 3 by facilitating access to treatment.

H3: Navigating Recreational Cannabis Legalization

The legalization of recreational cannabis necessitates clear corporate governance that supports both workplace safety and non-discriminatory hiring practices, reflecting the principles of SDG 10 (Reduced Inequalities) and SDG 16 (Peace, Justice and Strong Institutions) at an organizational level.

1. Protection for Off-Duty Conduct: Employers are prohibited from taking adverse action against an applicant or employee for cannabis use outside of the workplace prior to employment, unless federal funding or contracts require it.
2. Establishment of Written Policies: It is imperative for employers to establish and disseminate a clear, written policy regarding cannabis. This policy can prohibit the possession, use, or consumption of cannabis by an employee, thereby ensuring a safe working environment (SDG 8).
3. Workplace Prohibition: Employers retain the right to prohibit employees from being under the influence of cannabis at work and may ban the smoking or vaping of cannabis on company property. This is crucial for maintaining occupational safety standards.
4. Palliative Use: Policies must account for employees’ rights regarding palliative cannabis use, though employers are not required to permit an employee to be impaired while on duty.

H3: Leave for Substance Use Treatment under FMLA

Supporting employees in seeking treatment for substance use disorders is a direct contribution to SDG 3 (Good Health and Well-being). The Family and Medical Leave Act (FMLA) provides a critical mechanism for this support.

• Serious Health Condition: A substance use disorder can qualify as a “serious health condition” under FMLA, entitling an employee to take protected leave for treatment.
• Leave for Treatment vs. Use: FMLA leave is designated for treatment purposes. It does not protect an employee from consequences, such as termination, for being absent due to substance use, provided the employer has a consistently applied, non-discriminatory policy.
• Family Member Care: Employees are also entitled to take FMLA leave to care for a family member who is receiving treatment for a substance use disorder, reinforcing a supportive and healthy community.

H3: Alcoholism as a Protected Disability

Recognizing alcoholism as a disability under the Americans with Disabilities Act (ADA) is fundamental to creating an inclusive workplace and reducing inequality, in line with SDG 10. This recognition requires a shift from punitive measures to supportive accommodation.

• Non-Discrimination: An employee cannot be disciplined or terminated solely for having the status of being an alcoholic. Such actions would constitute discrimination based on a disability.
• Application of Work Rules: Employers may hold employees with alcoholism to the same performance and conduct standards as other employees. Disciplinary action may be taken if the condition leads to performance issues, such as missing deadlines or reporting to work under the influence.
• Reasonable Accommodation: Employers have a duty to provide reasonable accommodations, such as a modified work schedule or leave, to allow an employee to seek and receive treatment for alcoholism, directly supporting their path to well-being (SDG 3).

H3: Non-Discrimination for Off-Duty Tobacco Use

Connecticut law extends employment protections to individuals for their private, off-duty conduct, including the use of tobacco products. This legal standard promotes fair employment practices as championed by SDG 8 and reduces potential sources of inequality (SDG 10).

• Hiring and Employment Protection: Most employers are prohibited from discriminating against current or prospective employees because they use tobacco products outside of working hours.
• Limited Exceptions: This protection does not apply to certain roles, such as municipal firefighters and police officers, or to non-profit organizations whose primary mission is to discourage tobacco use.
• Workplace Rules: While protecting off-duty conduct, employers are not required to provide smoking breaks and must adhere to state laws banning smoking indoors and near building air intakes.

SDGs Addressed in the Article

SDG 3: Good Health and Well-being

• The article directly addresses health issues related to substance use, including substance use disorders, alcoholism, and the use of cannabis and tobacco. It discusses the legal framework for employees seeking treatment for substance abuse, framing it as a “serious health condition” under the Family and Medical Leave Act (FMLA). The text also touches upon palliative use of cannabis, which is a health-related application.

SDG 8: Decent Work and Economic Growth

• The entire article is centered on workplace policies, labor rights, and the legal obligations of employers, which are core components of decent work. It details regulations concerning drug testing, employee discipline, and termination, aiming to create fair and legally compliant working environments. The discussion on drug testing for “high-risk or safety-sensitive” positions also relates to ensuring safe working conditions.

SDG 10: Reduced Inequalities

• The article highlights the need to prevent discrimination against specific groups of employees. It explicitly states that alcoholism is considered a disability under the Americans with Disabilities Act (ADA), meaning employees cannot be terminated simply for being an alcoholic. Furthermore, it points out that Connecticut law prohibits most employers from discriminating against individuals who use tobacco products outside of work, thus protecting them from unequal treatment.

Specific SDG Targets Identified

SDG 3: Good Health and Well-being

1. Target 3.5: Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol.
   • The article supports this target by explaining that substance use disorders can qualify as a “serious health condition” under the FMLA, entitling an employee to take leave for treatment. This directly facilitates access to treatment for substance abuse. It also discusses employer policies around alcohol and cannabis, which are measures related to managing the harmful use of these substances.

SDG 8: Decent Work and Economic Growth

1. Target 8.8: Protect labour rights and promote safe and secure working environments for all workers.
   • The article focuses on protecting labor rights by clarifying the legal limitations on employers regarding drug testing, disciplinary actions, and termination related to substance use. It outlines specific laws (FMLA, ADA, Connecticut state laws) that protect employees. It also promotes a safe working environment by noting that employers can ban substance use at work and must ban smoking indoors, and that drug testing is permissible for safety-sensitive positions.

SDG 10: Reduced Inequalities

1. Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices.
   • This target is addressed through the article’s explanation of legal protections that prevent discrimination. It clarifies that under the ADA, an employee cannot be terminated “simply for being an alcoholic.” It also highlights the Connecticut law that “prohibits most employers from discriminating against individuals who smoke or use tobacco products outside of work.” These legal frameworks are designed to eliminate discriminatory practices and ensure equal opportunity in employment.

Implied Indicators for Measuring Progress

Target 3.5: Strengthen the prevention and treatment of substance abuse

• Availability of leave for treatment: The article implies this can be measured by the number of employees who are able to take FMLA leave for substance abuse treatment, as it states an employee “is entitled to take leave for treatment.”
• Existence of supportive employer policies: Progress can be measured by the number of companies that have policies accommodating palliative use of cannabis, as mentioned in the article.

Target 8.8: Protect labour rights and promote safe and secure working environments

• Prevalence of written policies: The article recommends that “all employers have a policy making their expectations clear.” An indicator would be the percentage of companies with formal, written, and communicated substance use policies.
• Compliance with drug testing regulations: Progress can be measured by tracking employer adherence to legal standards, such as requiring “reasonable suspicion” for drug tests rather than conducting prohibited random tests.
• Implementation of safe environment rules: An indicator is the enforcement of rules that “ban smoking and vaping of tobacco or cannabis entirely on their property” and specifically “indoors and within 25 feet of an air intake vent.”

Target 10.3: Ensure equal opportunity and reduce inequalities of outcome

• Application of non-discriminatory policies: This can be measured by auditing company policies to ensure they are “applied in a non-discriminatory manner,” as stated in the context of FMLA and substance abuse.
• Provision of reasonable accommodations: An indicator would be the number of reasonable accommodations made by employers “to allow an employee to receive treatment” for alcoholism, as required by the ADA.
• Reduction in discrimination complaints: Progress could be tracked by a decrease in the number of formal complaints or legal cases filed by employees for wrongful termination or discrimination related to alcoholism or off-duty tobacco use.

SDGs, Targets, and Indicators Analysis

Source: cbia.com