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CHAPTER 10

Substance Abuse at Work

It is important for employers to provide a safe working environment for employees. Thus, it is important to implement a substance abuse policy and a substance-testing program in the workplace. There is no way to predict the opinions of the courts in the future with respect to substance testing. We propose a cautious, conservative, and detailed approach because of the potential monetary considerations of an employer dealing with a substance abuse problem. The courts have already strongly enforced the belief that a company has a duty to provide assistance to its employees who may have a substance abuse problem.

A substance abuse policy and testing program will also cut back on the number of substance related accidents. Studies have found that up to 40% of industrial fatalities and about 47% of industrial injuries can be linked to alcohol consumption and alcoholism. These percentages increase when drug use is included in the statistics. Marijuana and cocaine use is on the rise in corporate America. Surveys show that approximately 75% of cocaine users reported that they have used cocaine on the job and about 64% reported using regularly on the job. As we outlined in previous chapters, these drugs can also seriously impair workers' ability to do their job, make them more prone to accidents, decrease productivity and quality of work.

Substance abuse is not limited to either sex, or to any economic or occupational group in the workplace. Detecting which employees are substance abusers may be very difficult, especially for employees who work with little supervision. On the other hand, the employees who are under close supervision will often resort to absenteeism to avoid substance abuse detection. In many companies, several substance abusers will form a closely-knit network, which allows employees to cover up for each other. In this instance, not only does the company have a substance abuse problem-it also most likely has a substance dealing problem.

A growing problem in today's workplace is the substance dealer. The dealer uses the confines of the building as a security blanket to avoid detection or investigation. The workplace is also a good place for him to make money, since everyone there receives a steady paycheck. According to the Institute for a Drug Free Workplace, 73 percent of substance abuser are employed. This causes some serious problems for employers. The economic loss for employers has been estimated at 25 to 70 billion dollars per year. These losses are generally seen as increased absenteeism, lower productivity, theft, increased illnesses, an increased rate of accidents on the job, higher use of medical benefits-and the costs associated with the fact that the affected employee works at only approximately 67% of his/her ability. Substance abuse also contributes to violence and altercations in the workplace. Employers who decide to confront this problem will see a significant decrease in many problem areas and an increase in morale among many employees. It is estimated that for every dollar spent toward the substance abuse problem in the workplace the return will be 10 to 20 dollars. This is why many companies have implemented Employee Assistance Programs (EAPs) to help employees achieve and maintain sobriety. The EAP services are also available to any other member of the employee's household.

In order to deal with drugs in the workplace, companies should do the following:
  1. Write a clear and thorough company policy on drugs, including drug-testing procedures.
  2. Conduct a thorough pre-employment screening of all new hires.
  3. Implement a pre-employment drug-screening program.
  4. Implement an Employee Assistance Program (EAP).
  5. Communicate your policy to all employees. The policy should be communicated via a live or audiovisual presentation.
  6. Train your supervisors and managers to recognize signs of drug abuse and to use an effective documentation system.
  7. Implement an anonymous information tip line.
  8. Give your supervisors and managers an action plan to follow once they report a suspected employee.
  9. Conduct a thorough investigation into reported drug usage and document all evidence.
  10. Confront the employee and follow through with the appropriate action as indicated by company policy.

Usually, you will see various "warning signs" that appear on the job indicating some consequences of substance abuse. These signs may appear singly or in combination and to different degrees. In a few cases, these signs may indicate problems other than substance abuse. For instance, they could involve a diabetic who forgot to take his insulin, someone with a mental or emotional disorder, an employee who had a recent death or serious illness in the family, an employee who is experiencing conflict at home, or an individual who is going through a divorce. The role of the supervisor is to recognize and document work performance and safety issues without making moral judgments or taking the position of diagnosing the employee.

The following are warning signs of possible substance abuse in an employee.

Work Patterns Absenteeism Accidents Behavior Relationship to others on the job Physical signs

Alcohol: Clinical Observations

Alcohol remains in the brain cavity longer than anywhere else in the body.

Alcohol works as a sedative or depressant on the brain and central nervous system, causing dullness and sleepiness.

Effects of Blood Alcohol Content (BAC)
  1. People with blood alcohol levels of .01 to. 05 are considered sober. Characteristics:
         No apparent influence of alcohol
         Person appears normal
         Shows reduced tension
         Has mild feeling of well being

  2. At blood alcohol levels of .03 to .10 the drinker:
         Becomes more sociable and talkative
         Displays increased self-confidence
         Has decreased ambition
         Shows loss of attention and judgment
         Shows loss of intellect and self-control

  3. Blood alcohol levels above .04 are:
         Definitely associated with increased accident involvement

  4. Blood alcohol levels of .05 to .06 and up:
         Motor skills are impaired
         Interfere with brain centers controlling judgment
         Dull the brain's functions
         Relaxed, less tense feelings
         Loss of perceptions
         Senses are dulled
         Fine motor coordination is lost
         Instinct dominates reason

    * At levels as low as .06 the time to adjust from far to near vision may be increased from 1/10th to 2/10ths of a second.

  5. Blood alcohol levels of .08:
         Probability of accident rises sharply
         More severe accidents likely
         More single vehicle accidents occur
         More expensive accidents occur

  6. Blood alcohol levels of .08 to. 10:
         Poor muscle control
         Slurred speech
         Hands don't work well together
         Legs wobbly and clumsy
         Muscle cannot contract as forcefully or as quickly
         Reaction time is longer
         Pupils of eyes dilate and reaction to light is sluggish
         Glare becomes bothersome
         Vision is impaired
         Unable to judge distances accurately

  7. Blood alcohol levels at .09 to .25:
         Feeling of excitement occurs
         Memory is impaired

  8. Blood alcohol levels of .18 to .30:
         Mentally confused
         Basic reaction instincts are exaggerated
         Overreacts to surroundings (laughing/crying/anger)
         Speech is slurred
         Sense of pain decreased
         Dizziness and staggering are more pronounced

  9. Blood alcohol levels of .27 to .40:
         Unable to stand, walk, or react to surroundings
         Sights and sounds are distorted
         Vomiting may occur
         Falls asleep (possible lapsing into unconsciousness/coma)

It is widely believed and perceived that individuals react differently to liquor. We've heard the common expression that, "He/she can hold their liquor well." There is evidence that the brain can learn to function better in the presence of alcohol, with practice. The exact reason for the difference in tolerance to alcohol is still unknown! Tolerance is not a result of difference in alcohol metabolism since the blood alcohol levels remain approximately the same. This difference in tolerance is believed limited to levels of blood alcohol of .10% or less.

One fact that needs to be emphasized is that alcohol affects all persons in a surprisingly uniform manner when we measure not how much the person drinks, but how much he/she accumulates in his/her body fluids. When a person accumulates enough alcohol to reach the .35 to 0.6 level, their most primitive nerve functions are compromised…and he/she could die.

The importance of tolerance has been greatly overrated. The tolerant person may be able to drink more than the novice. The two will be about equally intoxicated when they accumulate the same amount of alcohol. The tolerant individual may eliminate his/her alcohol faster and absorb it more slowly.

Many persons who appear to have high tolerance have actually developed the ability, through practice, of hiding some of the symptoms of intoxication. For example, the often-intoxicated individual may have learned to talk softly, to enunciate clearly, and to drive with exasperating slowness.

It cannot be stressed enough that the testing for alcohol is fair--equitable--because it measures not how much the person has drunk but the accumulated alcohol, and it is the accumulated alcohol that causes intoxication. Two out of three adults in the United States drink alcohol, but just about 10% of the drinkers consume half the nation's beer, wine, and liquor.

As a supervisor, if you observe the use, sale, or possession of alcohol or drugs by employees on the job or company property, you must take the following steps:

  1. Seek assistance in confronting the employee(s) and confiscating, if possible, any alcohol, drugs, and/or paraphernalia
  2. Take the employee(s) involved to a location where they can be questioned by you (with at least one other member of the management team present) about the incident. If more than one employee is involved, separate them so that an objective investigation can be undertaken. If you are the only manager on duty, call you immediate superior for backup. If any employee tries to leave the premises before being questioned, make sure that he/she understands that his/her action will be considered an act of insubordination and may result in disciplinary action or possible termination of employment.
  3. Take the employee(s) involved to the designated medical facility for an alcohol and/or drug test.
  4. Temporarily suspend the employee(s) involved and send or take him/her home, depending on his/her condition. No commitment should be made whether the employee will be paid or what discipline will follow, pending further investigation and management review.
  5. Notify your immediate superior as soon as possible.
Common Questions Asked by Managers and Supervisors Q. How can I tell when an employee is 'not in a condition" to perform his/her work? A. 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. Q. Is it possible for me to determine whether an employee is actually under the influence of alcohol or drugs? A. 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. Q. How important is it to have another manager present when I question an employee? A. 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. Q. What should I do if an employee comes in smelling of an alcoholic beverage? A. 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. Q. How should I handle borderline cases where I think the employee may be "unfit for duty" but I am not sure? A. 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. Q. What should I do if an employee will not allow anyone to drive him/her home? A. 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. Q. What should I do if I see a number of employees using drugs and the possibility exists that they may become hostile if confronted? A. 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. Q. What should I do if an employee refuses to surrender a suspicious substance when so instructed? A. 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. Q. What should I do with any drugs that I find? A. 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. Q. What if an employee is arrested off company property for suspected drug activity? A. 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. Q. 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? A. 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. Q. If I see someone using what I suspect may be alcoholic beverages or drugs on the job, what should I do? A. 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. Q. 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? A. 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. Q. What level of alcohol or other drugs does the company consider to be "over the limit"? A. 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. Q. Is drug testing accurate or can individuals be falsely identified with drugs? A. 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. Q. If someone is taking cough syrup, antihistamines or prescription drugs, can this be misread and the employee disciplined for such use? A. 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. Q. Can an applicant or employee be identified as a drug user due to being present in a room where marijuana has been smoked? A. 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. Q. Can an individual employee's urine or blood specimen be misplaced or mistakenly identified as someone else's sample? A. 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. Q. Is drug testing legal? A. 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.


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