Arielle Cruz
Alcoholism in the workplace is a serious issue, with 15% of employed Americans admitting to working under the influence of alcohol. While federal laws protect those in recovery for substance abuse, employers can take action when alcohol affects an employee's performance and conduct. Signs of alcohol use may include slurred speech, disorientation, and the smell of alcohol on an employee's breath. Employers can address this issue by initiating conversations about job performance and offering support. If an employee is suspected of being under the influence, they should be sent home by taxi or rideshare to avoid liability issues. Companies with alcohol and drug testing policies can request a test, and disciplinary action may be taken based on the results.
| Characteristics | Values |
|---|---|
| Smelling like alcohol | Reasonable suspicion |
| Slurring words | Reasonable suspicion |
| Disorientation | Reasonable suspicion |
| Sweet-smelling breath | Reasonable suspicion |
| Appearance of intoxication | Reasonable suspicion |
| Role involves driving or operating heavy equipment | Reason to suspect alcohol misuse |
| Role involves operating public transport | Reason to suspect alcohol misuse |
| Refusal to undergo testing | Grounds for termination |
| Positive test result | Grounds for disciplinary action |
| Negative test result | Send employee home via Uber/taxi |
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What You'll Learn
Reasonable suspicion checklist
A reasonable suspicion checklist is a tool used by employers to document observations of an employee's behaviour and physical demeanour when there is a reasonable suspicion that they are under the influence of drugs or alcohol at work. It helps to identify concerning behaviours that violate the company's Drug and Alcohol-Free Workplace Policy. Here is a suggested reasonable suspicion checklist:
- Employee Information: Document the employee's basic information, including their name, job role, and any other relevant details.
- Observations: Record specific observations that led to the reasonable suspicion. This may include signs such as slurred speech, erratic behaviour, or the smell of alcohol. Note the time of day these observations took place and any witnesses who can corroborate the information.
- Behavioural and Physical Mannerisms: Describe any changes in the employee's behaviour or physical appearance. This could include irritability, shortness with colleagues or clients, impaired coordination, or a deterioration in overall appearance.
- Immediate Threats and Safety Risks: Assess the area for any immediate threats to the safety or well-being of employees. Determine if the employee is throwing objects, verbally lashing out, or causing physical harm to themselves or others.
- Action Plan: Outline the steps that will be taken in response to the reasonable suspicion. This may include conducting drug or alcohol testing, following the company's Drug and Alcohol Policy, and/or seeking appropriate disciplinary actions.
- Documentation and Review: Ensure that all observations, witness statements, and actions taken are thoroughly documented. Regularly review the checklist to track the employee's behaviour and pinpoint any recurring issues.
- Support and Treatment: Depending on the situation, consider providing resources or support for the employee to seek help for substance use. Early treatment can benefit both the employee and the employer, increasing the chances of a successful return to full functioning on the job.
It is important to note that reasonable suspicion should not be based solely on denial or an employee's appearance, as alcoholics may deny their problem and exhibit physical and behavioural changes due to their addiction. Employers should be well-equipped to address these concerns through consistent and repeatable processes while also respecting employees' privacy and legal rights.
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Alcohol testing
There are several types of alcohol testing methods commonly used, including breath tests, urine tests, blood tests, saliva tests, and hair tests. Breath tests are the most common, as they offer quick results and assess current impairment. However, blood tests, although accurate, are invasive, and saliva tests are considered more reliable and easier to perform.
Employers may conduct alcohol testing on active employees if the test is "job-related and consistent with business necessity." This means that the test must be intended to inquire into the employee's ability to perform job-related functions. Generally, testing to achieve protection and safety for employees will satisfy this standard. Employers may test employees if they have a reasonable belief that the employee is under the influence of alcohol, after a workplace accident, or randomly, depending on state law provisions.
Additionally, employers should be aware of certain legal issues, concerns, and prohibitions when questioning job applicants about alcohol intake or when conducting alcohol testing. The Americans with Disabilities Act of 1990 (ADA) considers alcoholism a "disability," and employers are prohibited from asking disability-related questions or conducting medical examinations before making a conditional job offer. At the pre-offer stage, the ADA strictly prohibits alcohol testing and questions about the amount or frequency of alcohol intake, as these could elicit information about alcoholism. However, after a job offer is made, employers may conduct alcohol testing and condition the offer on the results, revoking the offer if the results indicate an inability to perform essential job functions or pose a direct threat to the individual or others.
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Employee observation
Recognising Signs of Alcohol Impairment
Supervisors should be trained to identify common signs of alcohol impairment, such as the smell of alcohol on the breath, slurred speech, disorientation, or difficulties in following instructions and maintaining a regular work schedule. These signs may not always be constant but can indicate a need for further investigation and support.
Direct Communication
Observing employees and initiating direct and private conversations with them is essential. Supervisors should ask if they are okay, enquire about any potential influences, and express concern for their well-being. This approach helps to clarify the situation and determine if further steps are necessary.
Documentation and Witness Statements
When there is a reasonable suspicion that an employee may be under the influence of alcohol, it is crucial to document observations and gather witness statements from multiple managers or supervisors. This documentation serves as evidence and provides a basis for further action, ensuring a comprehensive record of the situation.
Safety-Critical Roles
Employees in safety-critical roles, such as those involving driving, operating machinery, or aviation, may be subject to mandatory alcohol testing and screening. Employers must implement alcohol screening for these positions to ensure compliance with health and safety regulations and mitigate risks associated with alcohol impairment.
Referral to Support Services
If an employee admits to having an alcohol problem or shows signs of impairment, it is important to refer them to the company's Employee Assistance Program (EAP) or similar support services. These programs can provide treatment, counselling, and follow-up care to help employees address their alcohol-related issues and return to full functioning in the workplace.
Overall, employee observation is a vital tool for identifying potential alcohol-related issues in the workplace. By combining observation with direct communication, documentation, and referral to support services, supervisors can effectively address these issues and support the well-being of their team members.
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Disciplinary action
If an employee is suspected of drinking alcohol during work hours, it is important to follow the company's alcohol policy and disciplinary procedure. Here are some steps that can be taken for disciplinary action:
- Private Meeting and Removal from Duties: Start by having a private meeting with the employee. Discreetly remove them from their immediate duties to avoid any potential disruption or safety hazards. This also allows for a respectful and confidential conversation.
- Investigation: Gather evidence and conduct an investigation. This may include witness statements from managers, supervisors, or colleagues who have observed the employee's behaviour. It is important to have a consistent and fair process for all suspected cases.
- Alcohol Testing: If your company policy includes alcohol testing, it is recommended to have a witness present during the test. Some companies may have mandatory alcohol testing for certain positions, such as those involving driving or aviation. In other cases, testing may be voluntary or conducted with the employee's permission.
- Disciplinary Meeting: Arrange a disciplinary meeting to discuss the situation. During this meeting, present the gathered evidence, including the results of any alcohol testing. It is important to follow a fair and respectful process, allowing the employee to explain their side and address any underlying issues.
- Corrective Actions and Treatment: Offer the employee a chance to seek treatment or counselling. Many employers choose to provide a referral to the Employee Assistance Program (EAP), which can offer appropriate treatment options. This step is crucial, as it provides support to the employee and demonstrates the employer's commitment to helping them overcome their struggles with alcohol.
- Performance Management: Regardless of whether the employee admits to an alcohol problem, hold them accountable for their performance and conduct. Set clear expectations and discuss the consequences of failing to improve. This may include further disciplinary actions if their behaviour or performance does not meet the required standards.
- Relapse Prevention: Alcoholism often involves the risk of relapse. If an employee chooses to undergo treatment, be prepared for the possibility of relapse and provide ongoing support. This may include follow-up counselling, AA meetings, and regular check-ins to help the employee maintain their sobriety and successfully return to the workplace.
It is important to note that the disciplinary process should be handled with sensitivity and confidentiality. Employers should aim to provide support and encourage treatment while also maintaining a safe and productive work environment for all.
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Treatment and counselling
Initial Steps:
- Observation and Conversation: If an employee is suspected of being under the influence of alcohol at work, it is important to talk to them privately and point out your observations, such as smelling like alcohol or exhibiting disoriented behaviour. Ask if they are okay and if they are under the influence of anything.
- Send Them Home: If the employee appears intoxicated, ensure they do not drive home. Arrange for them to be sent home safely, using a ride-sharing service or a trusted colleague.
- Reasonable Suspicion Checklist: If there is reasonable suspicion that an employee is under the influence, follow your company's policy. This may include having the employee agree and sign a document for alcohol testing.
- Alcohol Testing: Arrange for the employee to be tested at a clinic or through a voluntary alcohol test, with their permission. If they refuse testing, this can be grounds for termination, depending on company policy.
- Employee Assistance Programs (EAP): EAPs offer short-term counselling, assessment, and referral services for employees with alcohol abuse problems. They are usually staffed by professional counsellors and provide confidential support. The EAP counsellor will meet with the employee, assess the problem, and refer them to a suitable treatment program or resource.
- Treatment Programs: If the employee chooses to enter a treatment program, they will have the opportunity to address their alcohol abuse issue. This may involve inpatient or outpatient care, depending on the severity and stage of their alcoholism.
- Intervention: If the employee is resistant to seeking treatment, an intervention may be organised. This involves scheduling a session with the employee, led by a trained professional, and including significant people in their life. Each participant shares how the employee's drinking has affected them, with the goal of encouraging the employee to accept treatment.
- Follow-up Counselling and Treatment: After the initial treatment program, the employee may require extended follow-up counselling and treatment, which can last up to a year or more. This typically includes outpatient counselling, Alcoholics Anonymous (AA) meetings, and follow-up sessions with the EAP counsellor.
- Back-to-Work Conference: The EAP counsellor can schedule a conference with the employee, their supervisor, and other relevant parties to discuss the employee's treatment progress, performance expectations, and scheduling concerns related to follow-up counselling and AA meetings.
- Relapse Prevention: Relapse is a common challenge in treating alcoholism. Good coordination between the EAP counsellor and the treatment program can help employees deal with and prevent relapse. Basic relapse prevention activities should be included in any effective treatment program.
- Support Groups and Hotlines: Employees can benefit from local support groups and community-based organisations that provide ongoing support and accountability. Additionally, hotlines like SAMHSA's National Helpline offer free, confidential referrals and information for individuals facing substance use disorders.
It is important to remember that early treatment is advantageous, as it increases the probability of less expensive treatment and a greater likelihood of success. Holding employees accountable for their performance and conduct is essential, regardless of whether they admit to an alcohol problem.
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Frequently asked questions
Some telltale signs include slurred speech, disorientation, and the smell of alcohol on their breath or clothes.
It is important to approach the situation with caution and not make any accusations without proof. Start by having a private conversation with the employee to express your concerns and ask if they are okay. If they admit to being under the influence, you can offer to help them get home safely and follow up with a performance improvement plan.
In this case, you can ask the employee to undergo a drug or alcohol test. Make sure to get their consent and have them sign a document agreeing to the test. Send them to a clinic for testing and, if they refuse, you may need to consider termination.
Yes, according to federal law, addiction is considered a disability. The Americans with Disabilities Act (ADA) protects individuals who are in recovery and no longer using illegal drugs or alcohol. However, if substance use is impacting an employee's current job performance, they are not protected by the ADA.
It is important to encourage the employee to seek treatment for their alcohol abuse. Offer resources and information about treatment programs, counselling, and support groups. You can also suggest a leave of absence for them to focus on their recovery. Early treatment increases the chances of a successful return to work and helps prevent further misconduct and poor performance.
