CHAPTER 10

Substance Abuse at Work

Common Questions Asked by Managers and Supervisors

17. How can I tell when an employee is 'not in a condition" to perform his/her work?

1. An employee's physical appearance, unusual behavior, slurred speech, incoherent manner, lack of coordination, etc. may indicate that he/she is "not in a condition" to perform work. Observation of job performance should be indicative. Is he/she drowsy, careless, inattentive? For specific signs of possible alcohol and drug use, you should refer to the training and printed material that has been provided.

17. Is it possible for me to determine whether an employee is actually under the influence of alcohol or drugs?

1. A chemical analysis is the definitive method used to determine the concentration of alcohol and drugs in an individual. Managers should only make a judgment as to whether an employee appears to be fit for duty.

17. How important is it to have another manager present when I question an employee?

1. It is extremely important. The employee may later choose to challenge your action. It is also helpful for you to have the benefit of a second management opinion.

17. What should I do if an employee comes in smelling of an alcoholic beverage?

1. The smell of alcoholic beverages often last longer than their effects, so the presence of an alcoholic beverage odor alone is not a foolproof indication that an employee is under the influence. It is, however, a warning sign that you should keep a close eye on the employee for additional indications. If the employee comes in repeatedly with an alcoholic beverage odor, you should talk to him/her, document these observations and talk about the availability of the company Employee Assistance Program.

17. How should I handle borderline cases where I think the employee may be "unfit for duty" but I am not sure?

1. No guidelines can be so specific as to cover every situation. Two factors should be kept in mind, however. First, safety is always your primary consideration, so if any doubt exists about an employee's fitness to perform a specific task, take the employee off the job.

17. What should I do if an employee will not allow anyone to drive him/her home?

1. You should take all reasonable steps to ensure that someone unfit for duty and possibly under the influence of alcohol or drugs does not drive. If the employee will not ride with a manager, try to get a family member to pick up the employee. If necessary, advance the appropriate funds for whatever transportation arrangements must be made (i.e., cab, bus). If the employee will not accept any of these arrangements and insists on driving himself, the local police should be advised of the circumstances and a record made of what transpired.

17. What should I do if I see a number of employees using drugs and the possibility exists that they may become hostile if confronted?

1. Get help. Contact your immediate superior. You should not allow illegal activity on company property to go unchallenged. You should not, however, subject yourself to unnecessary risk.

17. What should I do if an employee refuses to surrender a suspicious substance when so instructed?

1. Request that the employee accompany you to your office while observing that he/she does not dispose of the substance. Repeat your instruction in the presence of another manager, if possible, warning the employee that continued refusal could result in discipline, up to and including termination of employment. If the employee still refuses, temporarily suspend him/her and send or take the employee home. Contact your superior.

17. What should I do with any drugs that I find?

1. Contact your superior and search the immediate area for more drugs. Keep the suspicious substance under your direct custody to avoid it being tampered with, and turn it over to local law enforcement officials as quickly as possible. Investigate who was in the area prior to your finding the drugs. Once again, time is of the essence. The investigation should be made prior to the end of the shift. Fill out all appropriate evidence forms, such as an incident report, and follow the company evidence procedure.

17. What if an employee is arrested off company property for suspected drug activity?

1. Call your immediate superior. The company has a right to determine if an employee's off-the-job actions represent a violation of company policy. If the facts indicate a violation of company policy, the company has a right to take disciplinary action regardless of the outcome of subsequent court action. Each situation will be judged on the circumstances of the arrest, and the impact the arrest may have on company operations or public image.

17. What if an employee says he/she has been drinking when he/she is called to come to work on a stand-by or emergency basis?

1. You must respect the need for fitness for duty. Get someone else to do the job. Remember company policy prohibits working when under the influence.

17. If I see someone using what I suspect may be alcoholic beverages or drugs on the job, what should I do?

1. Take immediate steps to intervene so that such activity is terminated. Even if the individual does not report to you, as a manager, you should intervene or take steps to see that immediate attention and intervention by management takes place. As a management representative, it is your obligation to support the company policy. Most company policies prohibits possession or use of alcohol or drugs while on the job. Determine as best as you can exactly what was taking place and document exactly what you have observed. Confiscate any containers or contraband found and take administrative action, including relieving the employee(s) from duty, as appropriate.

17. What should I do if I hear about the use, buying or selling of illicit drugs either at work or away from the work site?

1. If you hear rumors of drug use, even though you have not actually seen anyone using illicit drugs, consult your immediate superior about what you have heard. If you have reason to believe an employee is involved in criminal activity, such as stealing to support a drug habit, once again: discuss it with your immediate superior. Specific direction will be provided.

17. What level of alcohol or other drugs does the company consider to be "over the limit"?

1. The issue is not the level of alcohol or other drugs but the use of these substances. The concern is the employee's fitness for duty and that could be a problem even after one or two drinks.

17. Is drug testing accurate or can individuals be falsely identified with drugs?

1. Most company's drug testing program utilizes the most sophisticated equipment and confirmation by gas chromatography/mass spectrometry of all initial positive drug tests to rule out the possibility of a false positive or misidentification of over-the-counter or prescription medications. Two separate tests, using different methodologies, will be used and the testing procedures have been accepted and sustained in Federal Court as the best method of drug testing.

17. If someone is taking cough syrup, antihistamines or prescription drugs, can this be misread and the employee disciplined for such use?

1. Any applicant or employee taking a drug test will sign a consent form providing a listing of any medications, over-the-counter, or prescription drugs being taken. The company-testing program will be able to identify the presence of such drugs through its confirmation procedures. The gas chromatography/mass spectrometry system is such that no false positives would be reported due to over-the-counter or prescription drugs.

17. Can an applicant or employee be identified as a drug user due to being present in a room where marijuana has been smoked?

1. No. Testing procedures and detectable cut-off levels are such that an individual riding in an automobile, attending a rock concert or being present in a room where marijuana has been smoked would not register as positive in a drug test.

17. Can an individual employee's urine or blood specimen be misplaced or mistakenly identified as someone else's sample?

1. No. The chain of custody procedure is such that an individual's urine or blood sample is witnessed and controlled from the time it is provided by the employee or applicant through the testing procedure at the laboratory. Evidence tape is sealed on the specimen bottle and signed by the donor (employee). Strict chain-of-custody procedures apply thereafter.

17. Is drug testing legal?

1. Yes. There is no constitutional or legislative prohibition for an employer to administer a drug test based on the safety and security of the workplace. In fact, employers have a responsibility to take reasonable steps to provide and ensure a safe working environment. Drug testing is one tool that contributes to this objective.