The number of overdose deaths 2021 was 18 times greater than in 2013. The value of lost work productivity from substance use disorder-related ("SUD") conditions in 2021 ranged from $11.6 to $12.7 billion for days of work missed, from $95.2 to $96.5 billion for hours of work lost, and from $190.6 to $226.3 billion for wages. Recognizing and responding to active substance use disorder in the post-COVID workplace is an absolute for every employer; yet, due to remote assignments, flexible work arrangements, and the advent of expanded and unlimited PTO programs, employers do not oftentimes exercise physical control over their employees, such as they might once have exercised. Consequently, this loss of control and observation, combined with the negative phycological and social effects of the pandemic, have led to increasingly prevalent instances of active substance use disorder, for which even suspecting employers often feel hand strapped to respond. This program defines the current SUD crisis in terms of the employer experience and response, offering an in depth analysis of employer policy and benefit plan design recommendations. Also, participants will explore current legal protections and other requirements from employment and privacy laws designed to offer for a comprehensive employer response to today’s SUD crisis.