Dealing with possibly impaired employees is a difficult subject.
Alcoholism and drug use are ongoing problems throughout the United States today. Recreational marijuana is legal in 10 states of the union, and there are 10 more states that may follow in 2020.
Using alcohol while at home and not on the job is legal, and where marijuana is a legalized recreational drug, it is also legal. Workers in federally regulated workplaces, and jobs such as commercial drivers, are the only employees that are unable to use marijuana while off work in states where marijuana has been legalized. Marijuana is legal in 33 states for medicinal purposes, and it’s just a matter of time before marijuana is legal throughout the Unites States.
One of the biggest problems with drug testing; THC from marijuana can be detected in a urine sample for up to three months depending on the marijuana and frequency of use. This can make determining when the person last used marijuana quite difficult.
Then, we have the opioid epidemic in America. According to the Center for Disease Control (CDC), approximately 130 people die per day from opioid overdose, and an estimated two million people had an opioid disorder in 2018.
Most employers do not care if their employees are intoxicated while off work, but being impaired while at work is a different matter. Illegal and legal drug use, as well as alcohol use, at work can cost employers losses in productivity, impair product quality, cause workplace accidents, or result in equipment damage. Substance abuse can also lead to lowered overall employee morale and work performance.
The CDC estimates that addiction to alcohol costs 179 billion in lost productivity, and that employees affected by alcoholism are eight times more likely to have poor attendance. The federal Americans with Disabilities Act (ADA) and many state disability rights laws protect alcoholics from workplace discrimination. Employers must be very careful in the hiring process, since the ADA doesn’t allow employers to make an employment or hiring decision based solely on the fact that an employee is an alcoholic.
You cannot take a person down for a drug and alcohol screen just because you assume that they are intoxicated; they may have an underlying medical condition and have never used drugs or alcohol. I have seen many companies that have a drug and alcohol policy that is signed by employees, but there need to be procedures in place. When it comes to your company’s drug and alcohol program, and your company’s disciplinary procedures, it’s crucial that your company’s policies and procedures be in writing. The disciplinary steps to be taken need to be outlined, and followed exactly the same for every employee. It’s also important to have safety program violations spelled out in your company handbook, as well as your company’s written safety programs.
When it comes to disciplinary procedures it’s crucial that your company’s policies and procedures be in writing. The disciplinary steps to be taken need to be outlined and followed exactly the same for every employee. All policies and procedures for your company’s drug and alcohol policy must be in writing. It’s also important to have safety program violations spelled out in your company handbook, as well as your company’s written safety programs.
All policies and procedures must abide by state and federal regulations in regard to drug and alcohol programs. Therefore, it’s highly recommended by the U.S. Department of Health and Human Services that you have an employment attorney review your policies and procedures to prevent costly mistakes and lawsuits. The Substance Abuse and Mental Health Services Administration (SAMHSA) Drug-Free Workplace Helpline provides confidential, practical, impartial, and up-to-date information, advice, and support free of charge to employees and their families.
You can call the Drug-Free Workplace Helpline at 800-967-5752 for free and confidential help with creating and maintaining drug-free workplace programs. Information is available at the following link: https://www.samhsa.gov/workplace/workplace-programs
SAMHSA also has a video available to assist employers: https://www.youtube.com/watch?v=ZpTv-M-RVwI&feature=youtu.be
10 Signs of Addiction
• Visual evidence
• Personality or mood changes
• Changes in daily patterns
• Financial problems
• Getting into trouble
• Secretive or suspicious behavior
• Missing items
• Poor performance or attendance
• Presence of alcohol, drugs, or drug paraphernalia
• Concerned family and friends
Key Steps for Workplace Safety Involving Drugs and Alcohol
Important documentation components of a drug-free workplace program:
- Written drug and alcohol policy
- Written disciplinary policies and procedures
- Written safety program policies and procedures
- Employee acknowledgement of your company’s drug and alcohol policy
Drug and alcohol screen testing and lab requirements:
- Set up a drug and alcohol screening program with an approved and certified facility prior to taking employees in for testing
- All tests must be performed by an approved and certified drug and alcohol screener
- All testing must be completed by an approved and certified lab
Important documentation steps when an employee is assumed to be impaired or intoxicated at work:
- Document the actions of the employee
- Document the signs and symptoms observed
- Document and photograph evidence that supports the drug and or alcohol use
- Document all witness statements
What to do when you have the information to support your concerns of alcohol or drug use:
- Have a company supervisor drive the employee to the screening facility
- Have the company supervisor accompany the employee through the process
- When the testing is completed, and the results are positive, transport the employee to their home, or have them driven home by a friend or family member. Never allow employees to drive when they’re impaired.
Editor’s Note: Jary Winstead is a safety consultant, author and trainer who serves a variety of industries, including the forest products sector. He owns Work Safety Services LLC and can be reached at SAFEJARY@gmail.com
