Part 1 of Drug & Alcohol Problems In The Work Place

November 25, 2011 admin Uncategorized, 7

Today’s employers have to be aware of the economic costs of employee alcoholism.  Statics are starting to show that those costs, however, may be small in comparison to the expenses associated with the generation of new employees that are as likely to use and/or abuse drugs as they are alcohol.  In stark contrast to the popular misconception that drug users typically are unemployed, approximately 75 percent of adult illicit drug users, some 8.5 million people, are employed.  Some estimated the problem is as bad as at least one employee in ten having a problem with alcohol or drugs.  No matter what size your company, large or small, is immune from this problem.  In response to these alarming statistics or to unpleasant first-hand experiences, an increasing number of businesses are developing programs to identify, rehabilitate and, if necessary, discipline and discharge employees who have used or abused drugs and/or alcohol while working.

A properly structured drug/alcohol program may increase employee productivity, reduce employee turnover, reduce health insurance costs, reduce accidents and poor decision making.  On the other hand, a poorly drafted or administered program will not only fail to achieve these goals, but is virtually guaranteed to increase costs, create severe morale problems at best and subject an employer to expensive litigation at worst.

 The Purpose of Drug or Alcohol Testing.

While a number of employers have policies governing situations in which employees have actually been observed consuming alcohol or using narcotics while on duty, such policies often do not satisfactorily address the difficult problem of detection where an individual is suspected of alcohol or illegal drug use, but is not ‘‘caught in the act.’’ Or before they are employed at all.  Due to increased awareness of the costs and risks of employee drug and alcohol usage, a number of employers have adopted requirements that employees and/or applicants submit to urinalysis and/or blood tests for the purposes of detecting narcotics or alcohol.

Factors That Should Be Considered Before Starting on a Drug or Alcohol Testing Program.

One of the first concerns that an employer should review before it implements a drug or alcohol testing program is in identifying the specific problems which the employer wishes to address.

That involves considering the following questions:

• Is the employer concerned with alcohol, drugs or both of these problems?
• With respect to drugs, what substances pose the greatest concerns and/or risks?
• Are there particular regional problems that are unique to a specific operation?
• Is the employer concerned exclusively with on-duty/on-premises use, or is off-duty/weekend use also subject to the discipline policy?  Remember there are laws against discipline of legal substances while not on duty.
• Does the employer wish to treat drug/alcohol issues exclusively through its disciplinary system or does it wish to develop a policy that is designed to prevent and resolve employee abuse of drugs/alcohol, relying on discipline as a last resort?

Typically employers concerned with employee use or abuse of drugs/alcohol may want to rethink considering discipline and discharge policies as the primary tool for changing employee behavior.  The disciplinary approach often leads to costly litigation and potentially troublesome morale problems, but it is also generally recognized that a broad multifaceted programs that include rehabilitation alternatives are the most effective—but also the most costly often out of reach of the typical small business.  On the other hand many believe that rehabilitative programs are preferred for financial reasons in that the costs of rehabilitating an employee experiencing a drug or alcohol problem are often substantially less than the costs of releasing that employee and rehiring and training his or her successor.  Thus the employer is left with a Hobson’s choice:   either the employer pays the costs of alcohol/substance abuse through low productivity, increased workplace accidents, high turnover and potential litigation or they pay the costs of designing and implementing a drug and alcohol abuse program hoping to make up the costs in part by increasing an employer’s litigation defense posture if, prior to discharge, the employee has been afforded an opportunity to enroll in a program but has declined, or if the employee has enrolled in the program but failed to solve the problem.

 

Part 2 of our look at drugs and alcohol in the work place: The Three Aspects of a Well-Defined Drug and Alcohol Program.

alcohol, drug, employer, terminating employee, testing

How Does Wisconsin’s New Concealed Carry Law Affect Small Businesses? Our Second Part of Drugs and Alcohol in the Workplace: The Aspects of a Well-Defined Drug and Alcohol Program.