Alcohol follow-up

Dan McCarthy

I would like some advice on the following. One of our drivers put himself into an alcohol rehab program last week. Upon return to work, he informed his supervisor of this fact. He also agreed to a voluntary testing process, if he is suspected of using again. We have firm DOT regulations against the use of alcohol while at work. Are we acting legally if we ask him to submit to a test, find it to be positive, and terminate him accordingly?
Thanks for the help.
Dan McCarthy

Gerri

I believe he is protected under the ADA because he is in treatment, and termination could get you into trouble. Since he is a driver and there are strict DOT regulations regarding alcohol use - you may find it tough to make a reasonable accommodation for him, but I would get some legal advice on this one.

Gar

I agree with Gerri. The fact that he is in treatment gives him ADA coverage. However, ADA does not protected him from testing due to reasonable suspicion. Moreover, DoT regulations mandate random drug and alcohol testing. So, if you reasonably suspect he's indulging on the job, test him and, if his number comes up vis-a-vis random testing, test him.

System

[font size="1" color="#FF0000"]LAST EDITED ON 09-06-01 AT 04:27PM (CST)[/font][p]I have a few thoughts:

Don't jump to the conclusion that he's an alcoholic just because he has a drinking problem. But if he's been diagnosed as alcoholic and he's in recovery, then the ADA protects him.

With an employee who's alcoholic (or has any other condition that might be a disability), it's important to make a distinction between an employee's actions and his condition (having alcoholism). If he comes to work drunk, treat him the same as you treat other employees who do this -- no worse, no better. Letting him come to work drunk isn't a reasonable accommodation.

And whatever you do, be sure that you follow the DOT regs and your company's drug-testing policy to the letter.

James Sokolowski
Senior Editor
M. Lee Smith Publishers