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We have compiled frequently asked questions on various topics within the
Office of the Assistant Secretary for Policy. Search for your question from the
categories listed below.
OASP Mission and DOL History
Q: What is the Office of the Assistant Secretary for
Policy?
A: The Office of the Assistant Secretary for Policy (OASP)
advises and assists the Secretary of Labor in, and coordinates and provides
leadership to, the Department's activities in economic policy issues, both
short term and long term, economic research, and regulatory policies and
procedures bearing on the welfare of all American workers. OASP also provides
leadership and has responsibility for the coordinating and managing of the
Department's public Web site to ensure its information and services are
cohesive, accessible, timely, accurate, and authoritative.
Q: I have an employment-related question. Can you help
me?
A: Yes. The Department of Labor (DOL) developed the following tools
to ensure that America's employers and workers have access to clear and
accurate information on employment-related issues: DOL's Web site provides
access to a wide range of services and employment and regulatory information
and can be browsed by topic,
audience,
top 20 requested items,
form, organization, and location.
The elaws Advisors (Employment Laws Assistance
for Workers and Small Businesses) are Web-based, interactive tools that help
individuals understand federal employment laws.
The Toll-Free
Information Service (1-866-4-USA-DOL; TTY: 1-877-889-5627) is a central
access point to information on DOL employment rules and issues.
DOL's E-Mail Response
Service allows employees to ask questions about employment and regulatory
issues electronically by choosing among a list of topics or internal DOL
agencies.
Q: Where can I find information on the history of the Department of
Labor (DOL)?
A: For information on DOL history, as well as historical
research and selected documents, please visit the
History at DOL Web
site.
Family and Medical Leave
Q: What is the Family and Medical Leave Act (FMLA) Survey and where
can I obtain a paper copy of it?
A: The FMLA surveys offer researchers
and policymakers a wealth of new information on workers' use of family and
medical leave, the policies and practices of employers, and what impact such
leave has on both employers and workers. To obtain a paper copy of the FMLA
survey, contact us at fmladata@dol.gov.
Q: Are data files from the FMLA surveys available in a format other
than SAS?
A: FMLA survey files are only available in SAS format.
Q: Who should I contact if I have specific questions about the
Family and Medical Leave Act (FMLA)?
A: Information about the FMLA can
be found on the DOL website at
http://www.dol.gov/dol/esa/public/regs/compliance/whd/1421.htm
Drug-Free Workplaces
The Working Partners program provides employers with introductory
resources and tools to address the problematic use by employees of any
substance-including but not limited to alcohol, illegal drugs and prescription
and over-the-counter drugs.
Q: How do I identify employees who have a substance abuse
problem?
A: The following performance and behavior problems are common
to many employed individuals who abuse alcohol and/or other drugs; however, it
is important to note that if an employee displays these symptoms, it does not
necessarily mean he or she has a substance abuse problem:
|
Performance |
Behavior |
- inconsistent work quality
- poor concentration
- lowered productivity
- increased absenteeism
- unexplained disappearances from the jobsite
- carelessness, mistakes
- errors in judgment
- needless risk taking
- disregard for safety extended lunch periods and early
departures
|
- frequent financial problems
- avoidance of friends and colleagues
- blaming others for own problems and shortcomings
- complaints about problems at home
- deterioration in personal appearance complaints and excuses
of vaguely-defined illnesses
|
It is important to note that diagnosis of an alcohol or other drug
problem is not the job of a supervisor. However, remaining alert to changes in
employee performance is a core component of every supervisor's job. Because
substance abuse seriously affects an employee's ability to fulfill his/her
responsibilities, supervisors play a key role in keeping a workplace alcohol
and drug free. The
Supervisor
Training section of the Drug-Free Workplace Advisor
Program Builder offers more extensive information about on-the-job
indicators of alcohol and drug abuse. The Drug-Free Workplace Advisor was
developed by the Department of Labor's Working Partners program, which offers
resources to help employers make their workplaces alcohol and drug free.
Q: What do I do if I have an employee who has a substance abuse
problem?
A: The following principles of intervention may be followed by
supervisors who need to confront an employee about a performance problem that
may be related to substance abuse. The supervisor does not need to be an expert
on alcohol and drug abuse to do so because the intervention should be focused
on the employee's performance problem.
Maintain control
- Stick to the facts as they affect work performance.
- Do not rely on memory; have all supporting documents and records
available.
- Do not discuss alcohol or drug use.
Be clear and firm
- Explain company policy concerning performance.
- Explain company drug-free workplace policy.
- Explain consequences if performance expectations are not met.
Be supportive, but avoid emotional involvement
- Offer help in resolving performance problems.
- Identify resources for help in addressing personal problems.
It is important to note that diagnosis of an alcohol or other drug
problem is not the job of a supervisor. However, remaining alert to changes in
employee performance is a core component of every supervisor's job. Because
substance abuse seriously affects an employee's ability to fulfill his/her
responsibilities, supervisors play a key role in keeping a workplace alcohol
and drug free. The Supervisor
Training section of the Drug-Free Workplace Advisor
Program Builder offers more extensive information about intervention
techniques. The Drug-Free Workplace Advisor was developed by the Department of
Labor's Working Partners program, which
offers resources to help employers make their workplaces alcohol and drug free.
Q: Can I drug test?
A: Most private employers have the
right to test for a wide variety of substances. However, it is important that
employers familiarize themselves with the various
state and Federal
regulations that may apply to their business or organization before
designing a drug-testing policy. The majority of employers across the U.S. are
NOT required to test, and many state and local governments have statutes
that limit or prohibit workplace testing unless it is required by state or
Federal regulations for certain jobs. Drug-testing policies protect both
employees and employers. It is important for employers to note that drug
testing without a drug-testing policy — even if an employee is suspected
of having substance abuse problem — exposes them to a number of
significant liability and legal vulnerabilities.
The Drug Testing
section of the Drug-Free
Workplace Advisor Program Builder offers more extensive information about
drug testing and helps employers develop customized drug-testing policies as
part of comprehensive drug-free workplace programs. The Drug-Free Workplace
Advisor was developed by the Department of Labor's
Working Partners program, which offers a
variety of resources to help employers establish drug-free workplace programs
that protect worker safety and health, while respecting worker rights.
Q: What is a drug-free workplace?
A: The term "drug-free
workplace" is used generally to describe employer-sponsored substance abuse
prevention programs. A comprehensive drug-free workplace program generally
includes five components: a drug-free workplace policy, supervisor training,
employee education, employee assistance and drug testing. Although employers
may choose not to include all five components, it is recommended that all be
explored and considered when developing a drug-free workplace program. Research
does show a positive relationship between the number of components included and
a program's overall effectiveness. However, it should be noted that drug
testing is only one part of a comprehensive drug-free workplace program and may
not be necessary or appropriate for many work sites. The Department of Labor's
Working Partners program offers a
variety of resources to help employers establish drug-free workplace programs
that protect worker safety and health, while respecting worker rights.
Q: What is the Drug-Free Workplace Act of 1988?
A: The
Drug-Free Workplace Act of 1988 is legislation that requires some Federal
contractors and all federal grantees to agree that they will provide drug-free
workplaces as a condition of receiving a contract or grant from a federal
agency. The Department of Labor's Working
Partners program developed the Drug-Free
Workplace Advisor to help employers determine whether or not the Drug-Free
Workplace Act of 1988 applies to them and, if so, what specifically is
required. The Advisor's Program Builder section also
provides the fundamental information employers need to establish comprehensive
drug-free workplace programs.
Q: How do I develop a drug-free workplace policy?
A: A
written drug-free workplace policy is the foundation of a drug-free workplace
program. Every organization's written policy should be unique and tailored to
meet its specific needs; however, all effective policies have a few aspects in
common. First, a policy should clearly state why the policy is being
implemented. The rationale can be as simple as a company being committed to
protecting the safety, health and well being of its employees and patrons and
recognizing that abuse of alcohol and other drugs compromises this dedication.
Second, an effective policy should clearly outline behaviors that are
prohibited. At a minimum, this should include a statement that the "use,
possession, transfer or sale of illegal drugs or controlled substances by
employees is prohibited." The third fundamental element is a thorough
explanation of the consequences for violating the policy. Consequences may
include discipline up to and including termination and/or referral for
assistance. Consequences should be consistent with other existing personnel
policies and procedures and any applicable state laws. Employers should also
note that sharing their policy with all employees is essential, and many
businesses find it helpful to ask for feedback from employees during the
initial policy development stage.
The Department of Labor's Working
Partners program developed the
Drug-Free Workplace Advisor
Program Builder to help employers establish customized drug-free workplace
policies that protect worker safety and health, while respecting worker
rights.
Agricultural Workers
The National Agricultural Workers Survey (NAWS) collected information
from over 25,000 workers such as household and family composition and
employment history.
The National Agricultural Workers Survey
Q: What is the National Agricultural Workers Survey (NAWS)?
A: The NAWS is an employer-based survey of randomly sampled hired crop
farmworkers. Conducted under contract for the Department of Labor, Office of
the Assistant Secretary for Policy since 1988, NAWS is the only national
information source on the demographics, and working and living conditions of
U.S. farmworkers. Since 1988, over 30,000 workers have been interviewed.
Q: When and how is the survey performed?
A: The survey is
ongoing; workers are sampled in three cycles each year in order to capture the
seasonality of agricultural employment. Interview cycles are between 10 and 12
weeks long, beginning in February, July and October. Bilingual interviewers
locate and sample workers at their work sites. During the initial contact,
arrangements are made to interview the respondent at home or at another
convenient location.
Q: Who is eligible to participate in the survey?
Employed
workers 14 years and older who are engaged in crop agriculture, including field
workers in nursery products, cash grains, field crops, and all fruits and
vegetables, along with field packers and supervisors, are eligible to
participate in the survey. Livestock workers, mechanics, secretaries and H2-A
workers are not sampled.
Q: How many workers are interviewed each year?
A:
Currently, approximately 3,800 workers are interviewed each year.
Q: What information does the NAWS collect?
A: The NAWS
questionnaire contains a household grid, where the interviewer records the
education level and migration patterns of each member of the respondent's
household, and an employment grid, where a 12-month retrospective history of
employment and geographic movement is captured. The questionnaire also solicits
information on health, occupational injury experience, income, assets, use of
public services, and legal or immigration status.
Q: Where can I obtain additional information on the NAWS?
A: To order the questionnaire or published reports of the data, contact
Daniel Carroll via e-mail at carroll-daniel@dol.gov, or by phone at
202-693-5077. For additional information, including a list of NAWS reports,
please visit the NAWS Web page at:
http://www.dol.gov/asp/programs/agworker/naws.htm
Unified Agenda
Q: What is the Unified Semi-Annual Regulatory Agenda?
A.
The Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda)
provides information, in a uniform format, about regulatory actions that the
Government is considering or regulations it is reviewing. The Unified Agenda
has been published twice a year in the Federal Register — in the spring
and in the fall — since 1983 as required by Executive Order 12866.
The
activities included in the Agenda are generally those that will have a
regulatory action within the next 12 months. Agency Agendas also include
actions or reviews completed or withdrawn since the last Agenda.
The Agenda
does not create a legal obligation on agencies to adhere to schedules within it
or to confine their regulatory activities to those regulations that appear in
it. View the Department of Labor current Unified
Agenda.
Q: What is the Annual Regulatory Plan?
A. Executive Order
12866, "Regulatory Planning and Review," requires agencies to publish an annual
Regulatory Plan as part of the Fall edition of the
Unified Agenda. The Plan provides each
agency's statement of its priorities and descriptions of its most important
significant regulatory actions that agencies reasonably expect to issue in
proposed or final form during the upcoming fiscal year.
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