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Your
Not the Person I Hired: How to Handle the Substance-Abusing Employee
( substance abuse in the workplace )
By Dr. Joni Johnston
(written for HR.com)
Joe X works in a small financial consulting firm that was founded
by Mom and Pop. Over the past five years, he has gradually worked
his way up to become second-in-command; in fact, he has developed
so close a relationship with Mom and Pop that even the employees
forget hes not their son.
As Mom and Pop have gotten closer to retiring, they have begun to
take a backseat in the day-to-day operations of their business and
have left it up to Joe to keep the business going.
All heck breaks loose when a trusted secretary calls Mom and tells
her that Joe has been sexually harassing her for the past six months.
An outside investigation, conducted by yours truly, quickly discovers
that these allegations are just the tip of the iceberg. As it turns
out, Joe has a serious drug problem and has:
- Fired employees
for refusing to pick up marijuana for him
- Sold drugs
to his employees
- Smoked marijuana
in his office and during lunch
- Threatened
employees with dismissal if they communicated directly with Mom
or Pop
- Cost the
company thousands of dollars because of the three-fold turnover
since he was promoted to his position.
Then, theres
Charlie the CEO of a large retail chain. Charlies wife
died three years ago and since then, he hasnt been the same.
Senior employees constantly maneuver around him and Charlie, always
a party-hardier, has made a complete boob out of himself at the
last several company parties. No one has had the courage to speak
to Charlie about his increasing moodiness, tardiness, or the smell
of alcohol that is often on his breath. In fact, things only come
to a head when several employees witness him drunkenly groping an
employee, the victim employee threatens to file a lawsuit, and their
outside counsel threatens to quit representing the company if they
fail to take action.
Its interesting that both of these scenarios came to a head
because of offensive behavior complaints when the underlying problem
was substance abuse in the workplace. Not only does a drug or alcohol
problem cloud a persons judgment, in a recent publication,
the U.S. Chamber of Commerce indicated that typical drug users in
todays workforce are 3.6 times more likely to injure themselves
or another person in a workplace accident; in addition, up to 40
percent of industrial fatalities and 47 percent of industrial injuries
can be linked to alcohol abuse and alcoholism.
In this article, well take a look at the signs and symptoms
of substance abuse in the workplace and how an employer can proactively
address the substance-abusing employee in his or her office.
Youre
Not the Person I Hired
One of the sayings
I frequently heard from ex-substance abusers during my internship
stint on the drug/alcohol ward of a veterans hospital was
this: You cant have a real relationship with an alcoholic
because s/he is already married to the bottle. Without question,
a person who is dependent on drugs or alcohol is not the same person
s/he was before using.
There are telltale signs of potential substance abuse problems early
on: Is the employees quality of work inconsistent? Is the
employee's work pace slow, slower than usual, or sporadic? Does
the employee have trouble concentrating on his work? Are there signs
of fatigue? Other telling performance signs include increased mistakes,
errors in judgment, and a sudden inability to fulfill complex assignments
or meet deadlines.
At work, the most common signs of a drug are alcohol problem often
look like this:
Personal Appearance - Comes to work inappropriately dressed;
does not appear healthy or physically capable (e.g. slurred speech,
unsteady gait, blood-shot eyes, sleepy); appears unclean or unwashed
at the beginning of work; no regular change of clothes; offensive
odors such as bad breath or body odor.
Dependability - Takes extended weekends (Monday/Friday absences);
consistently late; leaves early; absent from work area; excessive
sick leave; takes unauthorized leave; repeated absences, misses
deadlines, doesnt follow procedures.
Problem Solving - Solutions which are presented are usually
ineffective; rarely follows through and checks for results; can't
handle complex assignments; tends to ignore problems or delegate
inappropriately; relies too heavily on others to complete the work;
cannot define the problem; covers up the problem; blames others,
work frequently needs to be redone.
Job Knowledge - Skills are not current; doesn't understand
regulations; misuses equipment; doesn't retain instructions; needs
constant supervision; doesn't understand or follow safety/security
procedures; requires frequent instruction or assistance; learns
very slowly; unable to work independently.
Productivity - Low volume of work; takes many breaks; wastes
time; needs constant reminders to complete work; does not complete
assigned tasks; overwhelmed by realistic workload; unavailable for
extra work; cannot increase workload when needed; volatile; easily
upset; inconsistent in the workplace.
Judgment - Makes decisions without regarding available information;
will not reverse decisions in face of mistakes; insensitive; tactless;
does not use common sense; illogical reasons for behaviors; violates
confidentiality; poor ability to size up situations; does not understand
the whole picture; takes inappropriate actions; inattentive to safety
procedures
Working With People - Poor listening skills; inability to
communicate; uncooperative; projects negative attitude to customers,
co-workers, and the public; unable to resolve conflicts; openly
mistrusts many people; edgy; easily and frequently angered or hurt
by others; slows work of others; complains; is hostile; argues;
stimulates complaints from co-workers; tends to blame others.
Codependent No More
Its hard to see someone you care about slowly throwing his
or her life away. Which is probably why the number one mistake managers
make with regards to a substance-abusing employee is to overlook
the employees problem usually with the best of intentions.
In fact, its often the best managers who fall into the trap
of thinking if they pick up the slack or cover for the employee
long enough, s/he will get his or her life back together and everyone
will live happily ever after.
Ive seen managers ignore performance or productivity problems,
coworkers cover up for substance-abusing employee, and employees
pick up the additional workload created by a substance dependent
manager. You probably know someone whose let personal friendship
or loyalty dissuade him or her from taking corrective action. Substance
abuse-related or not, at some point weve probably all allowed
a fear of confrontation to permit us to ignore a problem.
Unfortunately, not only do these favors ultimately hurt
the receiver, they create legal liability for the employer through:
1) an increase in the likelihood the employee will engage in risky
or inappropriate behavior; 2) a higher chance the person will be
involved in on-the-job accidents; and 3) better odds the person
will damage equipment or property. By recognizing and intervening
to hold a substance abuser responsible for his/her own behavior,
you are helping him/her to take the first step on the road to recovery.
Speak Up
and Tread Lightly
What can supervisors
say to employees suspected of drug abuse? What can't they say? First
of all, no manager should assume a job performance problem is a
sign of drug abuse. Remember that stress, lack of sleep, and illness
or health conditions can affect job performance. Even behavioral
signs like slurred speech or clumsiness can be caused
by a prescription medication. Accusing an employee of drug or alcohol
use places the employer at high risk for a defamation lawsuit.
One symptom
is often not enough reason to be concerned. But when a couple of
signs can be put together--decreased productivity and an accident,
for example--there could be cause for concern. In that situation,
here are the steps that should be taken:
1. Observation:
Managers and supervisors are responsible for making sure their employees
meet certain minimum standards; if you do not currently have written
performance standards, take steps now to develop and communicate
a set of objective job performance standards that explain your expectations.
Observe and document any time these standards are not being met.
2. Documentation:
Train managers to document any time an employee is suspected of
drug use by actions, appearance, or conduct while on duty. The report
is to be completed within 24 hours of the observed behavior, and
should focus exclusively on the observed behaviors and the impact
of those behaviors.
3. Make a Plan: When meeting with an employee to document
poor performance and measures to be taken, plan your meeting in
advance. Set your goals for the meeting, anticipate the employees
possible responses, and plan your reply. Know what resources are
available.
4. Talk to the Employee: Have an appropriate second party, preferably
someone from employee relations, attend as a witness and document
your meeting. Limit your observations to specifics regarding the
job performance.
5. Follow Up: Continue to monitor the employee's progress.
When an employee has undergone substance abuse treatment and returned
to the workplace:
- Offer no
preferential or special treatment.
- Give the
individual plenty of feedback concerning his/her progress.
- Continue
to document observed behaviors.
Unfit for
Duty
Safety is always an employers top consideration. If any doubt
exists about an employee's fitness to perform a specific task, take
the employee off the job. When an employee is showing obvious signs
of impairment (drowsy, careless, inattentive) on the job, the following
steps should be followed:
- Do not allow
an individual with safety sensitive duties to operate any equipment.
- Do not yell
at or threaten him/her. Never argue with someone under the influence.
- Do not confront
an impaired employee in public. Bring him/her into a private office
to discuss the situation. Have a witness present.
Never accuse
anyone of alcohol or drug abuse. Even when there is overwhelming
evidence of drug or alcohol use, you are taking an unnecessary legal
risk to make the statement that an employee is an alcoholic, drug
user, or addict. There is no risk in asking an employee what is
wrong, or asking whether he/she is feeling all right.
In fact, there
is an obligation to make an inquiry. There is no risk in recording
what you saw or heard. Simply use your own eyes, ears, nose, and
common sense and record your observations objectively. Do not give
your opinion, or diagnosis of what the problem is even if you are
correct. Make inquiries about observed behaviors, but do not diagnose!
Dont Put the Cart Before the Horse
There are many good reasons for creating a substance abuse policy
and prevention program. Chief among them is safety - the safety
of your workers, your customers, clients, and the general public.
This is particularly true if the work being performed is of a safety-sensitive
nature. Other common reasons could be to improve productivity; to
control the costs of doing business, such as health care insurance,
workers' compensation, and accident insurance premiums; to increase
the overall health and well-being of employees and their families
and help them with their problems; and to minimize employee theft
and other wasteful behaviors.
What the Policy Prohibits
The types of drug or alcohol use that are considered violations
of your company's policy will, in part, be determined by the input
from your task force. While it may be obvious that all illegal drug
use on company time will be prohibited, what will the policy say
concerning off-duty use, criminal drug convictions, and being at
work under the influence of illegal drugs even though the use took
place elsewhere?
Also, how will the policy address alcohol use? Alcohol is legal
and, in many circles, commonly used and accepted. It is also the
most commonly abused substance in America. When measuring the impact
of substance abuse on your company, ignoring the role of alcohol
is almost like ignoring the problem altogether.
It is fully within the rights of a company to require its employees
to report to work fit for duty. It also is completely appropriate
to prohibit any employee from purchasing, manufacturing, transferring,
using, or possessing illicit drugs while on company business. This
includes work performed off company premises. You may also prohibit
employees from being at work under the influence of illegal drugs
and from abusing legal substances, such as prescription drugs or
alcohol.
In general, an effective substance abuse in the workplace policy:
- Applies to
everyone, including top managers.
- Encourages
voluntary participation in substance abuse treatment, whenever
possible, and assures the employee that job security will not
be prejudiced.
- Includes
information about prevention, identification, treatment and rehabilitation.
- Includes
a program on the prevention of alcohol and drug related problems
in the workplace through information, education and training.
- Addresses
how treatment or evaluation referrals are made.
- Clearly explains
the organizations drug testing policy.
- Describes
the duties and responsibilities of the individual during and after
treatment.
- Encourages
reviews of the policy and program at regular intervals.
- Ensures employees
that participation in treatment and information arising from that
participation shall remain strictly confidential.
- Makes clear
that the procedures for assisting employees with substance misuse
related problems are separate from the disciplinary procedure.
- Addresses
at what stage or in what circumstances the disciplinary procedures
will be invoked, for example if an individual with a drug or alcohol
related problem refuses assistance, denies the problem, or discontinues
a course of treatment and reverts to unsatisfactory levels of
performance and conduct.
- Outlines
which tasks are "safety critical," so being under the
influence of drugs or alcohol becomes an immediate disciplinary
offence.
Blues singer Billie Holiday once said, There is no solitary
confinement outside of jail. A drug or alcohol habit not only
affects the addicted employee, it can wreak havoc on the work of
coworkers and managers who must deal with him. An employer who proactively
addresses workplace substance abuse through effective policies,
procedures, and program is not only helping prevent an abusive or
enabling work environment; s/he may ultimately help the employee
escape from the prison of addiction
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