In this, our third and final article in the Substance Abuse series, we examine several suggested tips and protocols in the event of suspected substance abuse by an employee.

1. Reasonable Suspicion

Suspicion of substance abuse by a particular employee calls for action on the part of management. What constitutes “reasonable suspicion”? “Reasonable suspicion” is more than just a feeling but less than probable cause; it refers to observed facts based on the surrounding circumstances. Some examples include alcohol on the breath, the inability to respond appropriately to questions, lapses in performance and the physical symptoms of alcohol or drug influence.

What should management do in a case of “reasonable suspicion”?

1. Notify HR immediately
2. Quietly escort the individual to a private location for a discussion
3. Attempt to locate another supervisor as a witness
4. Express your concerns to the employee, including specific facts and observations
5. Define expected standards
6. Allow the employee a chance to respond
7. Depending on employee’s responses and the advice of senior management, possibly place employee on suspension, pending a formal investigation
8. Arrange for a drug test
9. Organize an escort home for the employee

2. Drug Testing

When an employer becomes reasonably suspicious of an employee, it is acceptable at that point, in most circumstances, to order a drug test. Other circumstances when a drug test may be acceptable include:

1. When screening before hiring
2. During a physical examination
3. During testing following an accident
4. As part of random testing, although the legality of random testing in California is very limited

3.   Post-Testing Investigation

Following a drug test, human resources should conduct an investigation into the matter. Following the investigation and reviewing the results of the drug test, a course of action should be determined.

If the employee returns to work, management should continue to carefully monitor the employee’s behavior and performance.

4.  ADA and FEHA

It is important to note that employees and applicants found to currently be abusing alcohol or using illegal drugs are not protected under the American with Disabilities Act (ADA). Additionally, under California employment law, the Fair Employment and Housing Act (FEHA) also does not protect employees who are under the influence of drugs. However, recovering drug and alcohol abusers are protected and should be treated with care.

Summary

Both HR and management should be familiar with the signs of substance abuse and immediately report and document all concerns and suspicions. When necessary, experienced human resources consultants can assist.

Keep in mind that the safety of all employees and the security of the company should be top priorities. Employees who are abusing substances will inevitably create safety and performance problems in the workplace. Ignoring suspected substance abuse issues can become very costly for a company. Quick action will help the employee receive crucial help and create a safer and more productive environment for the remainder of employees.

In a previous article we discussed the laws regarding substance abuse in the workplace. Let’s examine some of the practical ramifications of those laws.

The Drug-Free Workplace Acts recommend that employers implement several policies and procedures with the goal of reducing the presence of substance abuse in the workplace. Employers should begin by compiling and distributing a report to all employees notifying them of the company’s policies.

Drug-Free Programs

The law requires the establishment of drug-free awareness programs. The programs should include the following 5 components:

1. Written policy
2. Drug testing
3. Supervisor training
4. Employee education
5. Employee assistance program

Employee education is implemented via an orientation, followed by both formal routine reminders and informal reminders such as posters.

Leadership Training

Employers should arrange specific training for their managers and supervisors, given their first-hand contact with the employees. Leaders should be familiar with and impart the company policy, have knowledge of substance abuse symptoms and understand how to approach and when to contact HR.

Confidentiality

Employee privacy laws require managers and supervisors to maintain strict confidentiality regarding discussions with employees suspected of drug or alcohol problems. Information should be divulged on a need-to-know basis in compliance with state and federal laws.

Documentation

Documentation is essential both in assembling solid support for eventual supervisory actions and recommendations, as well as recognizing developing problems, increasing the possibility of early intervention.

Supervisors and managers should maintain both informal and formal documentation.

• Informal Documentation: observations, brief comments or conversations that will eventually support the manager’s explanations but are not considered part of an employee’s file.
• Formal Documentation: progressive disciplinary actions, documented accidents reports and formal complaints that are part of the employee’s personnel records.

Detecting Abuse

Detecting substance abuse is no simple matter. Abusers attempt to hide the problem, and co-workers, friends and family members may be hesitant to speak up. The key to detecting abuse is careful and consistent performance monitoring. Keep in mind that classic symptoms of substance abuse may be indicative of a difference problem entirely, such as a health or family issue.

Managers can detect signs of substance abuse in 5 main categories:

1. Performance: lowered productivity, change in work pace, excessive absenteeism and tardiness, and extended or excessive breaks during work hours.
2. Appearance: sloppy, unkempt or unshaven appearance, inappropriate seasonal dress, physical changes such as slurred speech, shaky hands, red eyes, weight loss or gain and excessive minor injuries resulting from accidents and domestic spats.
3. Behavior: moody, argumentative, suspicious or paranoid, overly emotional, extremely talkative, displaying signs of fatigue, stealing or frequent borrowing of money from co-workers.
4. Safety: careless around dangerous equipment or hazardous materials, more accidents and close calls and damage to equipment or property.
5. Concealment: secretive behavior, isolation, denial of responsibility for problems, rationalizing or transferring blame to others and defensiveness regarding investigation into their private life.

Detecting and managing employees with substance abuse should be handled with the utmost care, and managers should tread lightly when addressing the issue. Alternatively, human resources outsourcing  professionals can be consulted if your management team suspects a problem and does not feel equipped to properly address and defuse the situation. But either way, taking a proactive stance against workplace drug abuse will go a long way in reducing costs and maintaining a productive and safe work environment.

Substance abuse is one of the most critical problems facing employers in the workplace today. Over 22 million Americans are illegally using drugs and 74.8% of them are employed, the majority of whom are full-time.  Substance abuse can affect anyone, at any age and from any walk of life.

The cost of substance abuse in the workplace has been estimated at $81 billion annually! This figure includes direct and indirect costs including loss of productivity, sick time, workers compensation claims, unemployment rating, turnover costs and hiring costs.

Problems in the Workplace

Numerous problems can be traced to employees who use illegal drugs:

• Absenteeism and tardiness. Two of the most common signs of substance abuse are frequent absenteeism and tardiness. These employees are 2 or 3 times more likely to be late and absent, request time off and to be laid off.
• Increased Medical Costs. Substance abusers utilize medical benefits at a rate three greater than regular employees. This in turn increases the cost of medical insurance for both the employer and all the employees in the company.
• Theft. Theft is another issue employers have to face regarding substance-abusing employees. Employers may be shocked to know that up to 80% of drug abusers steal from their workplace to support their drug use!
• Workplace Violence. Substance abuse is known as the 3^rd leading cause of workplace violence. Other leading causes, such as family and marital problems and personality conflicts often result from an underlying substance abuse problem.
• Injuries and Accidents. Up to 40% of workplace fatalities and 47% of industrial accidents can be attributed to substance abuse. A sobering statistic informs us that the injured party in 80% of serious accidents is not the abuser.

Drug-Free Workplace Act

In 1988, Congress passed the Drug-Free Workplace Act. To comply with the law, federal grantees and recipients of federal contracts of $100,000 and above are required to:

• Publish a statement informing employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace. The consequences of violation must be specified.
• Establish a drug-free awareness program to apprise employees of

1. the dangers of drug abuse in the workplace
2. the employer’s policy of maintaining a drug-free workplace
3. the availability of drug rehabilitation, counseling and employee assistance programs
4. possible penalties imposed on employees for drug-abuse violations

• Distribute copies of the statement to all employees directly involved in implementation of the government contract. Such employees must agree to:

1. comply with the terms of the statement
2. inform the employer within 5 days of any drug-related criminal conviction for a violation occurring in the workplace.

• Require satisfactory participation in a rehabilitation program or impose sanctions on individuals convicted of a workplace, drug-related crime.
• Once an employer becomes aware of a workplace-related drug conviction, they must notify the contracting agency within 10 days.
• Constantly endeavor to maintain a drug-free workplace.

In our next article, we will provide detailed guidance to managers and human resources professionals for dealing with employees who are abusing drugs or other substances in the workplace.