Substance abuse and addiction is not a new issue. According to a report published by the Substance Abuse Prevention and Treatment Agency, from 2009 to 2010, 4.7 percent of those 12 and older reported having used an illegal drug in the past month in Nevada, whereas nationwide that rate was 3.6 percent. Similarly, the Substance Abuse Working Group reported that in 2015, deaths attributed to heroin and methamphetamine use in Nevada rose by 25 percent and 22 percent respectively compared to the prior year. One aspect that shouldn’t be overlooked is how substance abuse and addiction can affect your business.
An employee facing a substance abuse problem, whether the substance is illegal or otherwise, can pose many challenges in the workplace. Aside from the cost of lost productivity and increased potential for errors, employers also risk a loss of morale to other employees that are affected by their coworker’s aberrant behavior. In order to minimize complications and keep the workplace professional, companies should follow a few basic steps when facing issues of substance abuse in the work environment.
Have clear company policies in place
Having clear company policies is the first step employers should take to deal with potential addiction issues in an optimal manner. Allison Kheel, attorney at Fisher & Phillips, notes policies on the Americans with Disabilities Act, requests for leave, drug testing, employee assistance programs, etc. are all beneficial to have in writing. Employees should be made aware of the company’s expectations and the potential consequences of substance abuse and opportunities for assistance. A great place to start is with an employee handbook. Commonly, businesses require new hires to sign a handbook or similar onboarding documentation, which outlines acceptable actions, behaviors and responsibilities in the workplace. The clearer the policies a company has in place pertaining to employee use of drugs or alcohol and acceptable workplace conduct, the more likely that company’s bases will be covered if employee substance abuse issues arise.
Apply policies consistently
“Having clear policies and enforcing them evenly is your saving grace,” said Kheel. The last thing an employer wants is legal trouble because a policy, such as a pre-employment drug test, was only applied to certain select groups of individuals before they were hired. At that point, a legitimate policy turns into possible discrimination in the workplace. In Nevada, there are no laws regulating the use of drug and alcohol testing by private employers. However, unequal policy enforcement decreases employee morale and causes employees to lose faith in management, making employees more apt to pursue legal action. This is a headache no employer wants to deal with, so applying policies evenly and consistently should be a top priority for a company.
Ensure HR department is properly trained
After an employee demonstrates aberrant behavior and signs of potential substance abuse, the next step is to involve the human resources department. It’s certainly in an employer’s best interest to ensure all employees are aware of reporting policies and the HR department is trained on how to properly handle such circumstances.
Usually, situations fall into one of two categories:
(1) employee is presenting significant aberrant behavior, creating a disruption or safety concern in the workplace, or
(2) the employee is merely developing a pattern of unusual behavior and deficient job performance. Generally, situations in the second category are not so emergent that you can’t take a day to involve HR, outside counsel, inside counsel, and come up with a game plan,” said Kheel. However, not every company has the luxury of maintaining a large HR department, and depending on the size of the company, may require outside assistance to determine the best course of action. “If you’re unsure, call an attorney to get advice. He or she will usually be able to walk you through the right steps to take,” said Kheel. “In my experience, a short preventative phone call can save a company thousands of dollars in later litigation.”
It’s impossible to predict when issues of substance abuse will crop up in the workplace, or to what extent it will disrupt operations and services. Of course, each instance of addiction is different and should be handled on an individualized basis with the involvement of both management and the HR department for the company. However, by considering and integrating some basic steps, especially prior to such a situation arising, your business will be much better prepared to face issues of substance abuse and addiction in the workplace and equipped to support your employees in getting the assistance and care that they need.
Offer a confidential employee assistance program
A confidential employee assistance program is something no company should overlook. “I would encourage this in any workplace,” said Frank Reagan, director of crisis services for WestCare Nevada. “If you don’t have one, create one.” By giving employees the opportunity to come forward, say they have a problem and get the help they need, a company is simply protecting its assets. Hiring and training new staff is a costly investment for a company. If an employee is willing to take advantage of an assistance program and successfully change his or her behaviors, an employer can save both time and money in the long run. Of course, not every staff member facing addiction will choose to use the confidential employee assistance program. It’s crucial for an employer to listen to other employees, take notice of potential substance abuse and act accordingly. However, this can be difficult depending on factors such as which substance the employee is abusing or how much their behaviors have changed in the period leading up to the present. “Not always does someone present, especially if they’ve been using a long time,” said Reagan. “Until someone has depressed motor skills, slurring, etc., some people function normally.” Reagan also notes that reporting persistent, aberrant behaviors is not the sole responsibility of management. “You have to have open lines of communication with all your staff, and they owe it to each other to look out for one another,” said Reagan. “Other employees have a duty to report unusual behaviors. It could be nothing, but if it’s something we have to address that as an agency.”