Employers are required to make their employees aware of federal regulation 21 CFR 1301.90, where employees with knowledge of illegal drug activity are expected to be mandatory reporters. In addition, the hospitals should also let employees know that the hospital’s overall operations and liabilities are more important than one individual and the hospital cannot afford to be placed at risk by people violating drug laws. Employees violating these laws should know not only that they are expected to obey laws and policies, but they should know to expect repercussions for violations.

Code of Federal Regulations​

21 CFR 1301.91 Employee responsibility to report drug diversion

Reports of drug diversion by fellow employees is not only a necessary part of an overall employee security program but also serves the public interest at large. It is, therefore, the position of DEA that an employee who has knowledge of drug diversion from his employer by a fellow employee has an obligation to report such information to a responsible security official of the employer. The employer shall treat such information as confidential and shall take all reasonable steps to protect the confidentiality of the information and the identity of the employee furnishing information. A failure to report information of drug diversion will be considered in determining the feasibility of continuing to allow an employee to work in a drug security area. The employer shall inform all employees concerning this policy.

21 CFR 1301.92 Illicit activities by employees

It is the position of DEA that employees who possess, sell, use or divert controlled substances will subject themselves not only to State or Federal prosecution for any illicit activity, but shall also immediately become the subject of independent action regarding their continued employment. The employer will assess the seriousness of the employee’s violation, the position of responsibility held by the employee, past record of employment, etc., in determining whether to suspend, transfer, terminate or take other action against the employee.