Firm Policy Can Ensure a Drug-Free Environment
One of the toughest problems an employer can face is dealing with a worker who appears to be abusing alcohol or drugs. On a personal level, it can be an unpleasant situation, but for a small business, an employee who is a substance abuser can cause some severe economic damage as well.
With alcohol or drug abuse, as with many other employment issues, it’s best to have a policy and procedures in place. Being prepared helps reduce the risk of legal repercussions, and it might also ease some of the stress you’ll feel in handling such a difficult situation.
If you have no idea how to begin putting a policy together, you can start with information from the National Clearinghouse for Alcohol and Drug Information. Its Web site contains a section called “Making Your Workplace Drug Free: A Kit for Employers,” at https://www.health.org/govpubs/workit. Or you can get a copy by calling (800) 729-6686.
Another way to create it is with the help of a human resources professional. Chances are, if your firm is small, you can’t afford--and probably don’t need--a full-time HR person. There are plenty of independent HR consultants who can advise you.
If an employee has a problem, the odds are good that you’ll first notice something’s wrong because his or her attendance, performance or behavior will change. Maybe the first sign will be tardiness, or work that isn’t getting done. Maybe money or equipment will be missing. Maybe customers will have complaints.
Unless you’re experienced in handling this kind of situation, don’t try to do it alone; get some help from an outside HR consultant. There are several reasons, including some legal issues, that could affect your company. For example, if you have 15 or more workers, your employee might be covered under the federal Americans With Disabilities Act. State laws might also apply.
Employers Not to Determine Abuse
It’s almost inevitable that a supervisor--and that could be you, the company owner--will need to confront the employee. Human resources professionals say you should address the symptoms of the problem--the performance and behavior changes--and not tell the worker that he or she has a substance-abuse problem.
“You’re not qualified to make that determination. You’re not a doctor,” said Mary Beth Ryan, a senior professional in human resources and a principal and senior consultant with Ryan & Associates in Federal Way, Wash.
She noted that sometimes employees are having problems related to prescription drugs. If you accuse an innocent person of drug abuse, you might find yourself with an angry employee--or even an ex-employee.
The National Clearinghouse’s Web site has a very helpful section called “The Drug-Free Workplace: A Guide For Supervisors and Managers,” at https://www.health.org/govpubs/workit/guide.htm, which spells out the process for dealing with employees you suspect of substance abuse. It starts with being attentive to changes in the employee’s behavior or performance, observing the employee to see whether these changes continue and then documenting any problems.
When you confront the employee, it isn’t going to be easy. You’ll be nervous, and your employee will very likely answer your complaints and questions with denials, anger or excuses.
That’s another reason to be prepared. A human resources expert can coach you on how to handle the roadblocks a defensive worker tries to place before you. The National Clearinghouse site has sections called “How to Begin and End a Conversation” and “Barriers That Arise When Addressing Employee Problems.”
Address Worker’s Performance Problems
Ryan suggests starting out by stating the performance problems.
“Tell them they’re jeopardizing the product or the customer or there’s been some problems with other employees complaining or feeling uncomfortable,” she said.
You can ask the employee for an explanation, and then you need to state that you expect to see an improvement within a specified amount of time. You should also give the employee a letter spelling out what you’ve discussed.
Let’s say you’ve given the employee three months to shape up. At the end of that time, nothing’s changed. Go back to your HR consultant; it might be time to dismiss this worker.
It might be that the employee’s behavior involves something more egregious than lateness or sloppy work. Perhaps you can prove the employee has committed a crime against your company, such as theft. In that case, you want to terminate the worker immediately; get a lawyer and be sure you’re on solid ground.
But it may never come to that. Ryan said many employees when confronted will quit on their own.
You might want to help the employee get some help. Some HR experts advise against it, saying you should stick to the performance issues and let employees resolve the substance problems.
Perhaps the best thing to do is to make all employees aware of help for all kinds of emotional and substance abuse problems. If you can afford to affiliate with an employee assistance program, do so. If you provide health insurance, your plan may include one.
Ellen Bayer, practice leader in human resources management for the American Management Assn., suggests letting troubled workers know that help is available.
“The real benefit is both to the company and the employee in that a potentially health-threatening, as well as business-threatening, situation is being responded to in a humane manner,” she said.
