Should contractors be worried about keeping employees, equipment, and projects safe from the negative impact of workplace impairment? The statistics don’t lie — substance abuse in the workplace is a problem across industries with negative consequences for both employees and employers:

A Substance Abuse and Mental Health Services Administration survey in 2019 revealed that almost 86% of the nearly 15 million people who reported using an illicit drug in the last month were employed full-time or part-time. 

A separate National Institute of Alcohol Abuse and Alcoholism study reported that about 15% of U.S. workers say that they consumed alcohol while at work or went to work under the influence of alcohol during their careers. 

A report by the National Safety Council indicated that employees who use drugs are 3.6 times more likely to be involved in workplace accidents than non-users.

The Journal of Occupational and Environmental Medicine reported that approximately 11% of workplace injuries are related to the misuse of alcohol or drugs. 

Most people avoid having drug or alcohol use affect their job performance, but some employees struggle to keep their substance use from affecting their work. This problem is likely to become more prevalent as the use of marijuana becomes as common as alcohol use. As you can imagine, this issue is especially pressing for the trades, where an error from an impaired employee could easily result in the injury or death of themself or others. Prevention, deterrence, and intervention are three legs of a stable approach to addressing this issue.  

Prevention, Deterrence and Intervention 

Prevention takes several forms. Pre-Employment/Post-Offer drug testing is the first line of defense to reduce the risk of bringing someone with a substance abuse problem into your workplace. 

Engaging in and promoting an employee or member assistance program (EAP/MAP) is another form of prevention. These programs are a resource for employees who may need help with their own or a loved one’s substance misuse or addiction. If employees realize their substance use is causing problems in their work or personal life, they may contact the assistance program and obtain the guidance necessary to improve their situation. In that case, their difficulty never requires the attention of the manager or supervisor. 

Finally, ongoing education regarding the risks and dangers of the misuse and abuse of drugs and alcohol may help promote a healthier workforce. 

Discouraging employees from engaging in conduct that violates company policies and safe practices by making the consequences of those violations significant and immediate is the essence of deterrence. Educating employees regarding company policies and the penalties for policy violation is the first phase in creating a deterrence effect. 

The second and equally important factor is demonstrating that the company is serious about enforcing the policy. Often supervisors and managers will “look the other way” or “let it go” when they see a policy violation, eliminating the deterrence effect. If, on the other hand, employees see immediate action taken and the policy equitably applied when a violation of the substance abuse or impairment policy occurs, the policy’s deterrent effect is enhanced. For some employers, random testing is part of a deterrence strategy. 

The most challenging leg of this approach is intervention. A drug-free workplace policy that permits reasonable suspicion drug and alcohol testing and active intervention by an attentive supervisor or manager is required. Although few in leadership positions relish confronting an impaired employee, preparation is the best antidote for hesitation or avoidance. 

Employers must have well-thought-out policies, procedures, conduct regular training, and provide logistical support to aid supervisors in dealing with an employee suspected of coming to work impaired. While policy and procedures cannot address all possible situations, they create a road map for action. Training for leaders can provide meaningful instruction and uncover the unseen roadblocks that create obstacles to action. Reviewing the determinants of reasonable suspicion, discussing necessary documentation, and studying the action steps will enhance a leader’s confidence when addressing workplace impairment. Those called upon to confront this situation benefit from having access to logistical support within the organization, such as human resources or safety professionals, or external to the organization, such as a third-party drug testing administrator. 

Reasonable Suspicion 

What is reasonable suspicion? It is a legal standard used in workplace drug testing that requires objective and specific evidence that an employee seems to be under the influence of alcohol or drugs while on the job. Too often, reasonable suspicion is made more complicated than necessary. Reasonable suspicion does not require certainty, but it must be more than a hunch! If I return from lunch and stagger when I walk or slur my speech, you may have a “hunch” that something is wrong. If I then engage in one of the other behaviors that are associated with impairment, now you have more than a hunch or reasonable suspicion. Examples of behavior or performance that may lead to a reasonable suspicion drug test may include but are not limited to the following:

Behaviors such as slurred speech, unsteady gait, staggering, incoherence 

Physical indicators such as suspicious odors, bloodshot eyes, tremors, or shaking

The presence of paraphernalia associated with alcohol or drug use, or actual substances

Performance indicators such as a pattern of absences, inconsistent or unreliable work, or missing from their work area

Supervisors called upon to determine when a reasonable suspicion test should occur should undergo training on the topic every two to three years. Reasonable suspicion testing is emotionally and operationally challenging for the manager who must request a test and for the employee subject to that request. Policies, procedures, and protocols should be clear, concise, and actively communicated to mitigate the strain. 

If you would like a copy of ScreenSafe’s “reasonable suspicion checklist,” don’t hesitate to contact me and I will send it to you directly. The company has also developed an online reasonable suspicion training program. It is still in development, but those interested can still access the course and provide feedback. Please reach out to bheffernan@screensafeinc.com or 779-379-4850 for more information.

Bill Heffernan, LCPC, CEAP, is the co-founder of ScreenSafe. Backed by an experienced team, ScreenSafe’s comprehensive drug-free workplace consulting and policy management serves as a gateway to a safer workplace. For over two decades, the drug testing consulting and administration firm has offered customized Drug-Free Workplace Program (DFWP) services, helping clients develop comprehensive programs that suit each organization’s needs.