Handling Drug and Alcohol Use in the Workplace

Drug and alcohol use among U.S. workers continues to take its toll on performance and productivity. The latest numbers from the federal Centers of Disease Control show a productivity loss of $92.65 billion annually due to substance abuse.

Drug and alcohol abuse can also create a hostile work environment, strain relationships among employees, and damage the organization's reputation. 

Regardless of your relationship with the person affected, your first thought is naturally concern for their well-being. If you're a manager or HR rep, you unfortunately have to balance feelings of worry and compassion with those of legality and protecting both your organization and everyone else in the workplace. Perhaps the most difficult aspect of navigating drug or alcohol use in the workplace is what to do after you've discovered that a current employee has a problem.
 

Helping an Employee Struggling with Addiction

It's important to highlight the difference between social drinking and addiction behavior. Getting a beer with lunch every once in a while, or having a couple drinks at a team happy hour, is rarely cause for concern. However, alcohol use disorder means that the person lacks control over their drinking and will use it to cope with any number of factors that might be ailing them. So what can you do if you discover an employee or colleague is drinking while they're working?

1. Remove the intoxicated person from the situation if needed.

   If reported by someone else – and you observe their report is accurate – or you observe it yourself, you must act immediately. The intoxicated person could potentially harm themselves or others. Involve HR and, if necessary, contact local authorities. 

2. Document everything. 

   Note the complaint, document your own observation, write down steps taken and conversations had with the employee. Leave a paper trail for everything. Ensure that a second person, likely an HR rep, also documents their own observations. Situations like these can be delicate, and so should be handled with extreme care.

3. Honor volunteered requests for help.

   If an employee comes to you and volunteers that they're struggling with addiction, offer assistance. The FMLA allows for employees to take job-protected, unpaid leave to allow them time to address their addiction. In most cases of drinking or using drugs on the job, it's plausible to immediately terminate that employee; but if they volunteer that they need help before anyone else really notices they have a problem, that's a time for patience and understanding.

4. Make policies clear and available.

   Ensure your workplace policy on drug and alcohol use is written down and made available to employees. They should sign off on their understanding of the policy when they first start, but the policy should also be easily accessible for them to view anytime they wish.

5. Ensure privacy. 

   This might be the most important thing you can do. If another coworker discovers the employee drinking on the job, there will be enough talk as it is. Conversations with the struggling employee should be held in a private room, with HR present, and while those conversations should be documented, they should not be repeated to anyone else.
    

When should you involve HR?

A good rule of thumb is to contact Human Resources when an employee's conduct, performance, attendance, safety or policy compliance is being affected. You should always involve HR in any investigation you might conduct yourself, to ensure that you're not violating the employee's rights – especially if the investigation could lead to disciplinary action.

These are common warning signs that an employee might have a problem:

1. Repeated absenteeism or tardiness.

2. Significant decline in work quality or productivity

3. Erratic, disruptive or concerning behavior

4. Safety incidents (or near misses) 

5. A pattern of violating company policies

6. Complaints from coworkers or customers

Approaching Drug Use in a Remote Work Environment

Currently, 24 states and Washington, D.C. have legalized the use of marijuana at a recreational level. Only 10 states have yet to legalize it for medicinal purposes. 

Protocol is that employers must follow the law of the state in which the employee resides. So an employer based in Texas that employs a remote worker living in Colorado means that a drug test for marijuana use wouldn't be allowed. 

Directly related, an employer is not allowed to ask a candidate if they have ever undergone treatment for drug addiction or alcoholism. This violates medical privacy laws.

Recent surveys show that approximately 1 in 5 remote employees have admitted to using alcohol or drugs during work hours. It can be harder to tell if a remote employee is intoxicated, but if there's a reason to suspect it, keep a record of all potential evidence. These could be emails, chat messages, or a record of tardiness and absenteeism. Follow the same process of recordkeeping and FMLA laws as you would for an in-office employee.
 

Applying the ADA to Drug and Alcohol Use in the Workplace

The Americans with Disabilities Act (ADA) protects current and prospective employees from discrimination regarding drug or alcohol addiction, with caveats. Someone who has gone through rehab and no longer engages in drug use, someone currently going through rehab, and someone who was erroneously regarded as a drug user are protected. 

However, someone who only uses drugs or alcohol recreationally would not receive the same protection.

Employers also need to exercise caution when implementing any sort of drug testing. Someone who "looks the part," or exhibits any physical signs of intoxication – such as slurred speech or a lack of coordination – may just have a disability such as diabetes or a mental impairment. 

Employers also can't ask about what prescription medications an employee might be taking. If an employee volunteers this information of their own accord, that's not illegal, but the company can't directly ask about it.
 

Using Employee Assistance Programs

While the ADA covers the law regarding discrimination and leave policies related to drug and alcohol abuse, employer-sponsored Employee Assistance Programs (EAPs) can provide comfort and relief to someone who's struggling. HR plays an essential role in implementing EAPs, facilitating access to services, and ensuring confidentiality. 

A manager or HR rep can't be expected to be a psychologist or clinical expert. Providing access to professional help can be the best way to help the employee with their addiction. An alcoholic or drug addict is never truly "cured"; there's no "thanks, I'm all better now" moment. But employer-sponsored programs that focus on treatment can be the best way for that employee to turn the proverbial corner, and find a way to no longer use drugs or alcohol.

While the employee will likely have friends and family to turn to in their time of need, they still need to know they can count on their employer. Following state law and federal leave policies, providing assistance programs, and showing compassion can be best practice for everyone's long term health when drug or alcohol use becomes a problem in the workplace.

For more on important HR issues like this one, check out How to Conduct Effective Workplace Investigations