AB 2188: Protecting Your Small Business While Managing Workplace Safety

California’s Assembly Bill 2188 (AB 2188), which took effect on January 1, 2024, has introduced significant changes to workplace drug testing laws. Proactive understanding of the law and implementation of necessary changes are crucial. As a business owner, navigating these new regulations is essential to protect your business and maintain a safe work environment.

The Shift Towards Impairment Testing

AB 2188 has shifted the focus from past drug use to current impairment. This means you can no longer rely solely on traditional drug tests to assess an employee’s fitness for duty. To comply, you may need to adopt new testing methods, such as oral fluid testing or on-site impairment evaluations.

Balancing Safety and Productivity

Safety is paramount for any business, but so is productivity. AB 2188 presents challenges in determining when an employee is impaired on the job. It’s essential to strike a balance between employee rights and workplace safety.

By implementing clear policies, providing supervisor training, and offering employee assistance programs, you can create a safer work environment while minimizing disruptions to your business operations.

Insurance Implications

As fellow business owners, we understand the complexities you face in navigating today’s regulatory landscape. AB 2188 adds another layer of complexity to your risk profile. To address these challenges, we offer a comprehensive approach to your small business needs, including insurance, legal compliance, HR, and payroll.

By partnering with us, you gain the advantage of a single point of contact to guide you through these complexities. With our support, you can focus on running your business while we handle the complexities of insurance and compliance.

To protect your business and comply with AB 2188, consider the following steps:

• Review your current drug-free workplace policy: Ensure it aligns with the new law.
• Implement or update employee training: Educate your employees about the policy and the dangers of substance abuse.
• Train supervisors: Equip them to recognize signs of impairment and handle related situations.
• Explore alternative testing methods: Consider options like oral fluid testing or on-site evaluations.
• Consult with legal and HR professionals: Get expert guidance to ensure compliance.

Navigating these changes requires a strategic approach to ensure compliance while maintaining workplace safety and productivity. For more details on these protections and their exceptions, click here.

We’re in the business of helping people navigate complex business challenges. If you need assistance updating your workplace policies and procedures or have any questions, contact us today!