Say you have an employee that goes from a star performer to an individual prone to absenteeism and inappropriate behavior at work. Or imagine one of your most consistent, productive team members becoming erratic to the point of endangering co-workers around them. Situations like these can signal an employee battling substance abuse. This guide is intended to help you and your organization navigate the complexities of facing addiction and the employees it affects within your organization. By no means is it meant to act as an all-inclusive guide to all the legalities, necessary policies and ethical best-practices that should influence your preparedness and response to individual employee cases. Above all else, it is our suggestion to consult your legal experts, as well as addiction specialists, when shaping policies for substance abuse within your organization. HOW TO HANDLE ADDICTION IN THE WORKPLACE
Transcript
Say you have an employee that goes from a star performer to an individual prone to absenteeism and inappropriate behavior at work. Or imagine one of your most consistent, productive team members becoming erratic to the point of endangering co-workers around them.
Situations like these can signal an employee battling substance abuse. This guide is intended to help you and your organization navigate the complexities of facing addiction and the employees it affects within your organization. By no means is it meant to act as an all-inclusive guide to all the legalities, necessary policies and ethical best-practices that should influence your preparedness and response to individual employee cases.
Above all else, it is our suggestion to consult your legal experts, as well as addiction specialists, when shaping policies for substance abuse within your organization.
HOW TO HANDLE
ADDICTION IN THE WORKPLACE
The National Council on Drug and Alcohol Dependence defines
alcoholism as follows:
Alcoholism is a primary, chronic disease with genetic, psychological,
and environmental factors influencing its development and
manifestations. The disease is often progressive and fatal. It is
characterized by impaired control over drinking, preoccupation with the
drug alcohol, use of alcohol despite adverse consequences, and distortion
in thinking, most notably denial.
The National Institute on Drug Abuse defines addiction as:
… a chronic, relapsing brain disease that is characterized by
compulsive drug seeking and use, despite harmful consequences. It is considered a brain disease because
drugs change the brain; they change its structure and how it works. These
brain changes can be long lasting and can lead to many harmful, often
self-destructive, behaviors.
HOW DO YOU
DEFINE SUBSTANCE ABUSE?
ADDICTION IN THE WORKPLACE TODAY
National Institute of Drug Abuse research says:
• Among Americans over 12 and living in households, more than 70 percent of illicit drug abusers are employed.
• The workplace is becoming a crucial focus of drug abuse prevention and treatment activities.
• The key player in managing employees battling addiction is the supervisor, necessitating adequate training in the area to ensure successful outcomes.
Percentage of employed
illicit drug abusers
ADDICTION IN THE WORKPLACE TODAY
The National Survey on Drug Use reports:
• Data from 2008 to 2012 indicate that an annual average of 8.7 percent of full-time workers aged 18 to 64 used alcohol heavily in the past month, 8.6 percent used illicit drugs in the past month, and 9.5 percent were dependent on or abused alcohol or illicit drugs in the past year.
• The highest rates of past month heavy alcohol use among full-time workers aged 18 to 64 were found in the mining (17.5 percent) and construction industries (16.5 percent).
• The highest rates of past month illicit drug use were found in the accommodations and food services industry (19.1 percent). Accommodations and food services industry workers (16.9 percent) also had the highest rates of past year substance use disorder.
• Studies also have indicated that employers vary in their treatment of substance use issues and that workplace-based Employee Assistance Programs (EAPs) can be a valuable resource for obtaining help for substance-using workers.
ADDICTION IN THE WORKPLACE TODAY
According to the U.S. Department
of Labor, employees who abuse
substances are 25 to 30 percent
less productive and miss work
three times more often than
their colleagues.
The U.S. Department of Labor’s
Occupational Safety and Health
says that in 2005, about
17.2 million illicit drug users
were over the age of 18 and
approximately 12.9 million
were employed.
In 2006, the Substance Abuse
and Mental Health Services
Administration claimed
that recreational abuse of
prescription drugs was common
for 14.5% within the age range
of 18 – 25 with 4.4% common to
the population older than 25.
ADA details to note:
• An individual who is currently engaging in the illegal use of drugs is not an “individual with a disability” when the employer acts on the basis of such use.
• An employer may not discriminate against a person who has a history of drug addiction but who is not currently using drugs and who has been rehabilitated.
• An employer may prohibit the illegal use of drugs and the use of alcohol at the workplace.
• It is not a violation of the ADA for an employer to give tests for the illegal use of drugs.
• An employer may discharge or deny employment to persons who currently engage in the illegal use of drugs.
• Employees who use drugs or alcohol may be required to meet the same standards of performance and conduct that are set for other employees.
• Employees may be required to follow the Drug-Free Workplace Act of 1988 and rules set by federal agencies pertaining to drug and alcohol use in the workplace.
LEGAL CONSIDERATIONSFOR MANAGINGSUBSTANCEABUSE
In compliance with federal law on the subject, the Americans with Disabilities Act (ADA) clearly permits employers to ensure that the workplace is free from the use of alcohol and the presence of illicit drugs. However, the ADA also provides some protections to those in recovery in relation to discrimination. It is important for employers to familiarize themselves with their legal obligations, including the education of current employees on federal law and organizational policies.
In short, no organization is required to tolerate illegal drug use or allow employees to be under the influence of alcohol in the workplace. The ADA also allows employers to require that an individual not “pose a direct threat to the health or safety of other individuals in the workplace.” However, recovering addicts or alcoholics cannot face disciplinary action based solely on their past history with addiction. Their behavior, legally, can never be treated more harshly than those non-addicts engaged in the same behavior — even if it involves substances that have been identified as problems.
IMPORTANT NOTE – ADA directives do not replace or interfere with the Drug-Free Workplace Act of 1988. These include strict regulations for law enforcement positions; regulations of the Department of Transportation for airline employees, interstate motor carrier drivers, and railroad engineers; and regulations for safety-sensitive positions established by the Department of Defense and the Nuclear Regulatory Commission.
LEGAL CONSIDERATIONSFOR MANAGINGSUBSTANCEABUSE
CHECK ORGANIZATIONAL POLICYMake sure expectations and rules are clear in your employee handbook. Also, be prepared to offer and discuss details about your Employee Assistance Program (EAP), as this may be an important first step in your employee’s recovery. You may even enlist the help of your EAP counselor in determining next steps.
ALWAYS START WITH A CONVERSATIONThe goal of this step is confirming that substance abuse is the problem. Express empathy. Show your concern within the safety of a confidential meeting. And always respect the employee’s right to medical and personal privacy.
DOCUMENT ANY RELEVANT BEHAVIORCo-worker interactions, punctuality, attendance, safety, job performance and compliance with organizational rules are all appropriate to note. Also log how the changes deviate from the employee’s normal or expected behaviors.
SOME SIMPLEGUIDELINES FOR EMPLOYERS
SOME SIMPLEGUIDELINES FOR EMPLOYERS
Hopefully, personnel and human resources specialists in your organization have had the opportunity to map out policy and appropriate steps before an employee faces an addiction crisis. If that hasn’t happened already, we suggest taking steps today to design a legal, thoughtful and conscientious addition to employee codes of conduct and available programs.
SOME TIPS ON MANAGING ADDICTION-RELATED EMPLOYEE SITUATIONS
KNOW THE LAWReview your organization’s and your employee’s rights under the ADA. The Family and Medical Leave Act (FMLA) is also important to review, as it affords employees the opportunity to take unpaid leave up to 12 weeks. This time can be used for some treatment programs.
SOME SIMPLEGUIDELINES FOR EMPLOYERS
PLOT OUT THE DESIRED COURSE OF ACTIONWhether your employee denies or
accepts help, you will need to clearly
communicate next steps. Details
worth working out beforehand could
include leave status, expectations for
a return to work, and the importance
of follow-up care — including 12-step
or group meetings as well as sessions
with your EAP counselor.
BE PREPARED FOR RESISTANCEWhile it’s not the outcome your
organization is hoping for, you also
need to ready your response for an
employee not willing to confront
their addiction. Employee censure or
probation, drug testing, suspension
and possibly even termination are
appropriate responses. Consider
contacting your EAP counselor or an
addiction specialist in preparing for a
denial of treatment.
Further Reading
More on workers struggling with drug and alcohol abusetherecoveryvillage.com/recovery-blog/struggle-with-abuse/
More on professions with high abuse ratestherecoveryvillage.com/drug-addiction/professions-highest-rate-abuse/
More on rising positive drug tests for US workerstherecoveryvillage.com/recovery-blog/us-workers-drug-use/
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To learn more about programs available for staff in need, or to get additional information, please contact us today.
