How to Handle Employees Under the Influence of Drugs or Alcohol

It’s problem business owners hope they never face, but it pays to be prepared. What happens when you witness employees under the influence of drugs or alcohol on the job? Do you have a plan to minimize the risk to the employee, their co-workers and your business?

There are many risks when employee’s show up intoxicated from alcohol, marijuana, or even prescription drugs. The primary risk is the safety of your employees and customers, but there are employer liabilities lurking that can damage your business as well. Depending on the actions you take, you can eliminate most of your liability.

It is very important to have a zero-tolerance policy and act quickly and decisively when employees show up under the influence.

Here are 5 steps you can take to minimize risk of injury and employer liability:

Identify the Problem

Determining if you have employees under the influence is not as easy as it appears. There are several illnesses, and even over the counter medication that will cause an appearance of intoxication or give off an odor like alcohol. If a manager or other employee witnesses something that indicates a problem, be sure to question them on details. It may be necessary to obtain a statement so make sure they know that up front. Stress with them absolute confidentiality.

Observe the Employee

You now need to confirm the initial report otherwise it’s simply hearsay. Have another manager or two independently observe the employee to determine if initial assessment is correct. Document the observation and confer with management witnesses to plan for the next step

Talk with the Employee

If there is a reasonable suspicion the employee is under the influence, ask them to meet in a controlled private. Talk with the employee about what was observed to rule out any other possibilities. Be careful not to get too specific about illnesses or medication, but simply ask them if they have taken anything in the last 24 hours they may have caused impairment or is there anything else that might be causing an odor (Diabetes is one possible issue).

Send the Employee for Testing

If it is determined that they may possibly be impaired, make sure they understand that the next step will be a drug and alcohol test to eliminate any possibility that they are under the influence. DO NOT SEND THEM ON THEIR OWN OR SEND THEM HOME. You will need to set up the test at your designated medical provider (be sure to have them email results immediately) and provide transportation for the employee to get there. The last thing you want is to send the employee home and have them get in an accident on the way. If possible, have a manager of the same sex drive them to the clinic and stay with them until the test is complete.

Act on Results

If the results are negative, be sure to return the employee to work as soon as possible. A good idea is to pay the employee for the time away from work and offer a letter of resolution clearing them of the initial determination.

If the results are positive, be sure to act within your policy and do not discriminate if other employees have been in the same situation. It may be necessary to terminate the employee and you’d be well with your rights as an employer to do so. However, if there has been repeated issues of drug or alcohol use by this employee, you could be facing a disability under the ADA that would require accommodation with regards to rehab efforts by the employee. Be cautious!

In the case of any issue where drugs or alcohol are present, the importance of documentation of each step along the way is critical. Employees can still challenge results, claim discrimination, or claim disability under ADA no matter the facts of the case. Each of these steps will require diligent documentation and preparation for the worst-case scenario.

Infinium is here to help you with policy creation, situation management and resolution of issues related to drug or alcohol in your workplace. Contact the HR pros at info@infiniumhr.com.