Substance Abuse

One of the most commonly practiced policies employed by businesses of all sizes is random drug testing, wherein employees (and prospective employees) are required to submit to scientific tests to determine whether they have been using illegal drugs. Many experts cite the growing popularity of such policies for the apparent downturn in workplace substance abuse incidents in recent years. Drug testing remains controversial, however, as opponents argue that it violates individual privacy rights and sometimes hurts employee morale.

Another option for small business owners is to actively utilize the hiring/interviewing process to screen for substance abusers. "You get what you ask for," contended Gregory Lousig-Nont and Paul Leckinger in Security Management. "If you want people who are free from substance abuse problems—just ask for them in your ad." They point out that studies and anecdotal evidence suggests that want ads that include phrases like "Applicant must have a clean drug history" effectively dissuade many applicants with substance abuse problems from submitting an application. "Another commonsense approach to screening applicants," say Lousig-Nont and Leckinger, "is to broach the subject on the application form" by bluntly inquiring whether the applicant has used illicit drugs in the past. "Surprisingly, many people will actually list the drugs they have used. People who use drugs but do not want to tell you about it will leave the answer blank or put a dash on the answer line. People who have not used drugs will usually write a bold 'NONE' in the space provided." They note, however, that even though federal laws do not restrict asking questions about drug abuse, companies should check with their state employment commission to see if any state laws might apply in this area.

With current employees, business owners are encouraged to establish clear, written guidelines that explicitly detail the company's stance on substance abuse. "The policy should take a clear stand against the use, possession, sale or distribution (particularly on company time) of any mood altering substances," stated HR Focus. "It should also outline a very clear sequence of events that will ensue if the rules are broken." Small business owners need to make sure that their substance abuse policies abide by various state and federal laws.

Small business owners should also make an effort to enlist the support of employees in establishing a drug-free workplace. "Everyone '¦ has an interest in securing a safe workplace and making sure that colleagues pull their loads," commented HR Focus. "One of the most effective ways to fight substance abuse is for employees to unite against it," concurred W.H. Weiss in Supervisor's Standard Reference Handbook. "Supervisors can spur such a move by making it clear to their people that alcohol or drug use on the job is absolutely unacceptable."

Business owners should also consider providing an employee assistance program (EAP) for its workers. "Adopting an employee assistance program is viewed favorably by both management and employees," wrote Lousig-Nont and Leckinger. "Under such a policy, the company agrees to assist employees who have a substance abuse problem. Assistance generally comes in the form of granting the employee sick leave and paying for a rehabilitation program, and a promise by the company that there will be no retribution against the employee." The responsibility for initiating enrollment in such programs, however, rests with the employee. If management discovers that a worker who has not pursued help through an EAP has a substance abuse problem, he or she may face termination. Employee assistance programs have been hailed by substance abuse experts and businesspeople alike as an effective tool in curbing workplace drug and alcohol abuse, and proponents point out that the cost of such programs is usually far less than the costs that often accrue when a substance-abusing employee is not dealt with.

Finally, when confronted with evidence of workplace substance abuse, managers and owners of small companies are urged to intervene immediately and determine whether a problem exists. If a problem is found, then the business needs to document the performance of the employee. This will offer the company a greater measure of legal protection in case they need to fire the employee or the employee's performance spurs legal claims from outside parties.

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