Legal Briefs™ Substance Abuse:
Creating & Maintaining a Drug-Free Workplace

How to Spot Impairment Before it Impacts Safety and Productivity?

Substance abuse in the workplace can cost lives, not just dollars. From hidden signs of impairment to the very real danger of impaired employees causing harm, these challenges require more than just awareness—they demand action. Managers must recognize the fine line between protecting employee privacy and ensuring workplace safety. The ability to address performance issues, enforce policies, and intervene with confidence can make the difference between a safe, productive environment and a devastating legal and ethical misstep.

Legal Briefs™ Substance Abuse is an essential training program designed to equip corporate leaders with the knowledge and tools to tackle substance abuse effectively. Covering legal compliance, identifying signs of abuse, addressing performance problems, and safeguarding confidentiality, this program provides actionable steps to ensure a safe, productive, and legally compliant work environment.

How to address performance issues tied to substance abuse?

Do not tolerate unprofessional behavior and ensure equal job opportunities for all employees. Provide support options, such as Employee Assistance Programs (EAP) or peer support initiatives, and refer employees to qualified professionals for diagnosis and treatment as needed. Schedule regular follow-up meetings to monitor progress and clearly communicate the consequences of failing to improve behavior.

Issue: Appropriate Action

Summary: This video covers the impact of alcoholism on job performance and its relation to the ADA, clarifying that unprofessional behavior need not be accommodated. It stresses the importance of offering equal job opportunities while addressing substance abuse issues directly and referring employees to assistance programs.

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How to handle suspicions of employee substance abuse in the workplace?

Managers should address suspicions with privacy and professionalism, following company policies and seeking guidance from HR or EAP professionals when necessary.

That Wasn't a Smart Move!

Summary: This video discusses how to address potential substance abuse in the workplace, focusing on identifying signs like absenteeism and decreased productivity. It provides guidance on approaching employees about concerns and handling situations where an employee is visibly impaired, with a focus on safety.

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What are the legal requirements of drug testing in the workplace?

Drug testing programs can be effective in reducing accidents, absenteeism, and turnover. Legal compliance, communication, and confidentiality are key to ensuring fairness and lawful implementation.

Issue: Substance Abuse Testing

Summary: This video discusses the importance of drug testing in the workplace for pre-employment and accident investigation purposes. It highlights legal considerations and the need for clear communication about testing policies to employees.

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Scenarios Covered

Identifying Signs of Substance Abuse: Detect early warning signs like erratic behavior, frequent absences, or declining job performance that could indicate substance abuse.
Addressing Performance Issues Related to Substance Abuse: Focus on documenting and discussing job performance issues without making assumptions about the employee’s substance use.
Implementing and Enforcing Drug Testing Policies: Apply company drug testing procedures consistently, ensuring compliance with legal standards while protecting employee rights.
Referring Employees to Professional Help Without Crossing Legal Boundaries: Guide employees toward support programs like EAPs while maintaining your role and avoiding offering medical or personal advice.
Safeguarding the Confidentiality of Employee Health Information: Ensure that all health-related information, including drug test results and suspicions, remains confidential and only shared with authorized personnel.

Key Benefits for Trainees

Enhanced Awareness: Gain a deep understanding of the impact of substance abuse on workplace safety and productivity.
Legal Compliance: Learn about legal responsibilities and how to comply with relevant laws and regulations.
Effective Communication: Develop skills to communicate policies clearly and effectively to employees.
Early Detection: Learn to identify signs of substance abuse early and take appropriate action.
Crisis Management: Acquire techniques to handle substance abuse situations calmly and professionally.
Support Systems: Understand the resources available for assisting employees with substance abuse issues.
Risk Reduction: Implement strategies to reduce the risk of accidents, absenteeism, and legal liabilities.

Competencies Covered

Legal Knowledge: Understand relevant laws and regulations regarding substance abuse in the workplace.
Communication Skills: Develop the ability to communicate policies and concerns effectively and professionally.
Observation Skills: Learn to identify signs of substance abuse and document observations accurately.
Crisis Management: Acquire skills to handle substance abuse situations calmly and effectively.
Supportive Leadership: Gain knowledge of resources and support systems available to assist employees.
Policy Implementation: Learn to enforce substance abuse policies consistently and fairly.
Risk Management: Implement strategies to reduce the risk of accidents, absenteeism, and legal liabilities.

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Frequently Asked Questions

What are the key signs that may indicate substance abuse in the workplace?

Common signs include frequent absenteeism, decreased productivity, erratic behavior, mood swings, or a noticeable decline in job performance.

How should I handle an employee who appears impaired during work?

Remain calm and professional, gather a witness, assess the situation, and immediately remove the employee from their duties while ensuring they do not drive or endanger others.

What should I do if an employee becomes emotional or defensive during a performance-related conversation?

Stay focused on the facts, keep the discussion professional, avoid diagnosing, and ensure the conversation remains centered on job performance, not personal issues.

How can I prevent an impaired employee from driving or posing a danger to others?

Never let an impaired employee drive. Arrange alternative transportation, such as a taxi or contacting a family member, to ensure their safety and avoid legal liabilities.

How do I handle a situation where prescription drug use seems to be affecting an employee’s performance?

Treat it like any other performance issue. Focus on the job performance, document concerns, and refer the employee to Human Resources or an Employee Assistance Program (EAP) for further evaluation.

What are the key steps to implementing and enforcing drug testing policies in the workplace?

Ensure all employees are aware of the policies, apply the policies consistently, follow legal guidelines, and make sure employees understand the consequences of non-compliance.

How should I address medical marijuana use in the workplace?

Follow company policies and state laws. While medical marijuana may be legal, if it impairs an employee's ability to perform their job safely and effectively, action must be taken just as with any other impairing substance.

How can I refer an employee to professional help without crossing legal boundaries?

Refer the employee to the company’s EAP or HR department for assistance, and avoid diagnosing or providing personal advice. Your role is to ensure job performance standards are met, not to counsel employees.

How can I ensure confidentiality when dealing with an employee’s substance abuse or health issues?

Always keep information related to an employee’s health private, sharing it only with those in management who have a need to know, and never discuss the issue with coworkers or other employees.

What is the best way to approach performance issues if I suspect substance abuse?

Address performance issues by focusing solely on the employee’s work behavior, documenting specific incidents, and avoiding any direct accusations about substance use unless verified by a drug test or professional evaluation.

What if I don't have a training program for workplace substance abuse in place?

Here are some of the risks that may arise:

Legal Liability: You may mishandle substance abuse situations, exposing the company to lawsuits or violations of employment laws.
Increased Workplace Accidents: Failing to recognize or address signs of impairment could lead to accidents, putting both employees and the organization at risk.
Inconsistent Policy Enforcement: Unfair or inconsistent application of drug testing and substance abuse policies, leading to discrimination claims.
Reduced Productivity: Ignoring substance abuse issues can contribute to lower employee productivity, absenteeism, and overall workplace inefficiency.
Harm to Employee Well-being: You may miss opportunities to guide employees toward professional help, which could worsen their condition.
Damage to Workplace Culture: Allowing substance abuse problems to go unchecked can create a toxic work environment, decreasing morale and fostering mistrust among employees.
Personal Liability as a Manager: You may be personally held responsible for the consequences, especially if it results in harm to others.