I suspect a worker is drinking on the job. I've pulled him aside and tried to talk to him about it and he denies it. I can't prove it but I don't believe him. He hasn't caused an accident but i'm worried that he might. I'm also worried about the safety of my other two employees. Does anybody have any suggestions about what else I can do? We're a small body shop in NY.

Do you have an established zero tolerance drug/alcohol policy at the shop?  If not, implement one.  There is a good example of one in the written plans section of this website. At my former workplace, the existing program allowed for unannounced screening on a random basis, or of an individual if circumstances warranted it. 

 In the meantime, consult a labor lawyer to see what your options are.  You can probably demand that the employee take an unannounced drug screen to prove his innocence, or maybe have every one take one to avoid any sense of discrimination (that's why I'd talk to the lawyer).  If he is drinking he probably won't go thru with the screen; if he's not you may havve an upset employee but at least you'll know the work place is safe from that threat.

I know you are a very small business, so some advice you get may be designed for larger organizations with more formalized policies and procedures.

You don't mention the worker's attendance record and your attendance policy , if any.  If he has been missing work, this may be the way you can bring up the subject again.

Also, I would avoid using the word "alcoholic" when speaking with him. This is a "hot button" word that will cause him to deny drinking.  Instead, say you are concerned about him and his own personal safety, as well as the safety of the co-workers, and his ability to do the job.  Take a sympathetic, rather than confrontational, tone.

Hi Sams-Shop:

In addition to the recommendations from the other two answers you got, since you can't substantiate on the job use, I would encourage you to get education for both yourself and your employees.  The education for your employees could focus on the safety aspects related to drug and alcohol use, as well as the health effects of drinking and the risky behaviors associated with drinking.  This would help to avoid the use of the word alcoholic as suggested by Bev.

As a start, you might want to look at the information on the following Websites:

US Government's Substance Abuse Worksite Resource Website at http://dwp.samhsa.gov/index.aspx

Get Fit Website at http://getfit.samhsa.gov/

Employee and Manager Training at: http://www.dol.gov/asp/programs/drugs/workingpartners/materials/materials.asp

In addition, you might want to consult with your local hospital community health education office to see what resources they might be able to offer you.  You might also contact the local substance abuse prevention council.  I know that such entities exists in New York, maybe at the county level?  A local substance abuse treatment provider might be able to connect you with the right organization.  You might also check and see what help your worker's comp carrier might be able to offer.  Many insurance companies offer educational programs.

Hope this helps.

Bill McPeck, Director of Employee Health and Safety, Maine State Government

   

I agree with bevhunt . Don't use key words you might trigger something. The spot check is the best way to go. Plus you still have two other empolyees to protect.

---

Orville Murphy, Trainer/ Founder
Homeland America
http://www.homelandamerica.org

This is easy to handle.  Write up a substance abuse policy (I have samples).  It will include drug and alcohol testing.  You can test the employee on-site and know if you have an issue within minutes.

By the way, it is your legal responsibility to provide a safe work environment, as you know.  Thus the above is certainly a best practice for you and employees.

pcholakis:

This is easy to handle.  Write up a substance abuse policy (I have samples).  It will include drug and alcohol testing.  You can test the employee on-site and know if you have an issue within minutes.

By the way, it is your legal responsibility to provide a safe work environment, as you know.  Thus the above is certainly a best practice for you and employees.

Absolutely. You're primary responsibility is overall safety on the jobsite and to ALL employees not just the one with problems. Might sound politically incorrect, but if testing proved anyone positive, they'd be immeadiately suspended. The only way they could return to work is IF they paid for their own re-testing within 12 hours of suspension and it proved totally free from all prohibitive substances. Even if they were prescription drugs, an individual shouldn't be allowed to work if they're taking CLASS I or II narcotics.
If the person is "on something" you don't need them around !. Get rid of them upon confirmed postive results. And if you're large enough a company, that must include management as well, not just rank-and-file.

PS...I'm tired of the mentality it's the employer's responsibility to rehabilitate substance abusers.
I worked for a company where some employees were allowed to enter programs over and over. (Cable Company in Columbia, SC) They'd start laying out of work, screwing up on the job...Know they're about ready to be fired and then CRY in the nick of time.."I neeeeed help!. I neeeeed rehabilitation!".

Fire all the drunks and druggies before some innocent gets hurt,maimed, or killed.

along with your workers comp carrier your work comp clinic should have some great information and programs.  They might even come out to your business and give a presentation.

Install a policy and if you don’t want to start random drug test, educate your staff and tell them that the moment they get injured on-the-job they will be tested.  Tell them that once they are tested after an injury and they test positive for drug and/or alcohol use, they will be refused full insurance and loss of work benefits and they may loose their job.  That threat will keep them sober on-the-job!

Education and awareness ... agreed are critical.. in fact requisite components of any safety / substance abuse managment program.  That said, random testing is also a REQUIRMENT if you want to manage on-the-job substance abuse.  (By the way, despite what some State may attempt to regulate, NO STATE can stop you for random testing safety sensitive employees ...  Supreme Court has set precedence.)

Look at the pschological profile of substance abusers and primary traits include lying and self-deceipt.   While post-accident testing will allow you to determine issue after the fact... it is clearly too late.

All I can reiterate is that you are LEGALLY RESPONSIBLE for the safety of your work environment.   Remember most people who get injured relative to on-the-job substance abuse are NOT the abusers...but innocent employees in the area.   I wouldn't want to be the owner or CEO of a company sitting on a witness stand explaining why I didn't random test...while be sued for millions.

A strong Company Drug/Alcohol Policy should be in place to address that issue and other potential problems. If you are very suspicious that your employee is drinking, get a 2nd person (supervisor) to go with you when you speak this employee. First approach him in a non-threatening manner. Observe him for signs of drinking/intoxication. Signs of alcohol use can be varied but: red, watery eyes, odor of alcohol, slurred speech, uncoordinated movements, gait problems, clumsiness, etc can be good indicators.  If you feel he exhibits such signs, then you have a legal right to test him for drugs and alcohol. 

Dr. Dave Herrera

Agree with Dr. Dave, he's right on the money.... however, assure you have a drug / alcohol policy in writing, and communnicated before you test...  and follow your guidelines.  While there are relatively few lawsuits against employers for drug / alcohol testing...  no reason to be one of them.

All of these ideas are great.  i agree with everyone about having a full and complete D&A program.  The only thing I would like to add is that the federal govmt (I believe under DHS) has certain guidelines that must be followed, especially strict on the suspecion testing. 

 

For example, you must be trained in the recognition of signs of drug or alcohol use and abuse to make the determination to send someone for a test.  (Also, I think it is a requirement that 2 supervisors agree - if not a requirement you should do that anyway). 

One other thing I would recomend regarding suspicion testing is that after the test, you take them home.  Especially if it was an alcohol test that immediately shows positive.  From a liability standpoint you do not want to put a drunk back on the road.