Under the Influence at Work

Although substance-abuse testing plays an important role in maintaining a safe workplace, rules, such as the Americans with Disabilities Act, can limit employer actions.

By Rebecca Bentz

One in every 12 adults in the United States abuses or is dependent upon alcohol, according to estimates from the National Institute on Alcohol Abuse and Alcoholism. With such prevalence, alcohol-related problems in the workplace are an almost-certain encounter for employers. Companies are often obligated to act when they suspect an employee has an alcohol problem.

However, because alcohol dependency is a medical condition, the laws governing companies' responses to the impacts of alcohol abuse at work can be complicated. Employers should develop a system for identifying employees with alcohol problems and investigating alcohol-abuse claims.

Testing

Companies that fall under Department of Transportation (DOT) regulations are allowed to conduct random alcohol tests. However, for organizations not covered by DOT regulations, the Equal Employment Opportunity Commission (EEOC) has made clear its position that such tests violate the ADA .

In fact, the EEOC is currently pursuing a lawsuit against a major manufacturer in a federal district court in Pennsylvania for conducting random breath alcohol tests. Employees may be compelled to undergo medical exams only if the exams are job-related and consistent with business necessity.

To require an alcohol test of an employee, the EEOC states that there must be cause to believe the worker is under the influence of alcohol and incapable of performing the essential functions of his or her job. That is reasonable-suspicion testing, also referred to as probable-cause testing. Whether employers may conduct reasonable-suspicion testing depends on state law.

Where it is used, reasonable-suspicion testing requires thorough management training. The company should provide supervisors with clear definitions of what types of behavior or signs justify conducting a test, and remind them that all such observable signs and symptoms must be documented. The U.S. Department of Labor (DOL) recommends supervisors have their suspicions corroborated by another manager or supervisor before proceeding with employee alcohol testing.

Employers may also choose to conduct alcohol testing following a workplace accident or near-accident. This kind of testing requires employers to create a procedure for responding to this type of situation. It should address how to decide if testing should be done and who will make the decision. Again, justification for suspecting the employee of alcohol use should be documented. Companies must also decide when to test an employee following an incident; the DOL recommends testing within 12 hours.

Information about the company's alcohol-testing policies should be provided to employees upon hire. Furthermore, employers must remember that any information gained from tests used to check for alcohol use should be kept in an employee's confidential medical record.

Employer Obligations

A person suffering from alcoholism is considered an individual with a disability under the ADA . Employers cannot take adverse action against an employee (or applicant) simply because he or she is an alcoholic, is a recovering alcoholic or had an alcohol-abuse problem in the past. Also, employers cannot discriminate against alcoholics who are qualified for a job with or without the aid of a reasonable accommodation. However, the ADA does allow employers to hold these workers to the same standards as other employees. If an employee is not meeting performance and conduct expectations, an employer may discipline or fire that individual, but problems with the employee's performance should be well-documented.

The ADA does not protect any employee, including an alcoholic, who is drinking while on the job. However, employers should note that some states require rehabilitation for a first positive test, and there are restrictions on the termination of those employees.

Nevertheless, employers might need to provide a reasonable accommodation to individuals with an alcohol problem. This applies not only to current alcoholics, but to recovering alcoholics and workers with a history of alcoholism as well. Accommodations might include modifying an employee's schedule so he or she can receive treatment for the addiction, or making an exception to a policy barring personal phone calls at work so that an employee may check in with his or her Alcoholics Anonymous sponsor. Employers may also be required to provide leave under the Family and Medical Leave Act for employees seeking treatment for their alcohol-abuse issues.

Beyond Testing

There are certain actions employers can take beyond testing for alcohol use and providing accommodations. One such resource is an employee assistance program (EAP).

Ideally, an employee would utilize EAP services before developing an addiction or abusive habit, but that doesn't always happen. Still, an EAP can provide counseling advice and resources for workers who have developed alcohol-abuse problems. An employer must educate employees about their EAP program and the resources it can offer. Often, an EAP will offer counseling and services to the employee's family members too. Because alcoholism is a problem that can affect the entire family, that additional counseling could prove beneficial for more than just the employee.

Wellness programs are another way to educate employees on the dangers of alcohol abuse. Providing information on alcoholism, as well as resources and methods to curb addictions and patterns of abuse, might motivate employees to make changes in their lives. Employers should not stigmatize alcoholism. However, they should encourage employees to use the services of addiction-abatement counseling through the EAP or other local avenues when such services are needed.

The best medicine is prevention. Employee assistance and wellness programs can go a long way in helping employees understand the effects of alcoholism and encourage those with alcohol-abuse problems to seek treatment.

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Rebecca L. Bentz is an associate editor on the Human Resources Publishing Team at JJ Keller & Associates Inc. She's responsible for monitoring HR legislation, and researching and writing content for J. J. Keller's products, including manuals, newsletters and online services. Bentz specializes in recruiting, onboarding and employee development and communications. She is a member of the local and national chapters of the Society for Human Resource Management.