Drinking on the job

denjen

Of course everybody knows that drinking on the job is an automatic termination. I don't believe I can fire someone because I heard that someone smelled liquor on their breathe. Or that the EE stumbled out of his chair. Can I? Should I?
How do I catch him at it? We have never done a drug testing at the plant. Everyone works in close range of each other. Even in the office, where this EE is. Help! I want to handle this fairly but very firmly.

joannie

"We have never done a drug testing at the plant."

Do you have a drug and alcohol testing policy at all? If not, the best suggestion I have would be, if your state allows, to develop one, include reasonable suspicion testing, and then follow your policy. To test without a policy would certainly put you on a very slippery slope. Good luck.

denjen

There is a concern that if we address it as a drinking problem than he can claim a disability. If the right person smells alcohol on him, he can be fired on the spot. Naturally, his performance is less than desirable. We plan to terminate based on a bad 60 day review. Hopefully liquor can be left out of the discussion. When does alcoholism become a disability?

davids

I think that unless you have a policy, you are walking a fine line even if the offense is only alcohol on the breadth. I have been in HR long enough to have heard it all from employees. At a past employer we had a report from co-workers that an employee had alcohol on the breadth. The employee had various excuses (lingering odor from drinking the night before, cough medicine, etc.). We redrafted our policy to prohibit "offensive odors, such as alcohol, on the breadth." The next employee we caught with an alcohol odor claimed it wsn't on his breadth. His story was that at lunch time, a waitress, carrying drinks to another table, spilled a drink on him. We redrafted our policy again to prohibit "offensive odors such as alcohol on the breadth or person." Our bottom line was whether it was alcohol, garlic (which I personally don't find offensive), skunk, lack of hygiene habits, etc., the expectation was that employees not have offensive odors on themselves.

As for the real issue of the employee being at work under the influence, can you make a case that he/she was impaired. Again, unless you have a policy that prohibits the employee from having consummed alcohol prior to coming to work, you may have to show that you reasonably believed that the employee was impaired.

As for the possibility that you may get into a disability issue, I think you deal with the issue at hand and not worry about where it may lead. If it turns into an ADA issue, you deal with it at that time.

denjen

We do have an alcohol and drug policy stating that our work place and employees are "free from impairment caused by alcohol or drugs." However there is nothing on testing based on suspension. I think I will force the issue at the next handbook meeting.

ACU Frank

Another thing to keep in mind... there are some illnesses and/or prescription medications that cause an alcohol-like odor on your breath.

ray a

David and Frank are right. I've had to deal with this several times and have heard the excuses David listed. We have a drug testing policy so that is easy, but when it comes to alcohol, we do say ee's cannot come to work impaired but do not have a formal testing procedure. I tell ee's that appear to be under the influence that we can send them out for blood/alcohol testing. But, watch for behaviors related to the appearance of being under the influence. How are they walking? talking? How is their performance? Are there physical signs of impairment other than odor? You mention a 60 day review, in my world that means they would still be in the Introductory Period and I have more freedom to release them since they are not considered a full time ee yet. If his performance is not acceptable, I would cut immediately and leave the alcohol out of the conversation.

E Wart

If you don't have a "testing policy", I wouldn't touch it unless you have a witness that has seen this happening while at work (especially if on work property and then you still shouldn't test.)
In my former life we had a customer call and report one of our employees "smelled as if he was drinking". (He was a delivery person and at least wasn't driving). We did have a policy and immediately pulled the person and sent them for a blood test, which was done within an hour of the "smelling". It was negative. It turns out that this person does drink after work and apparently when he gets hot, it "comes out through his pores", long after the alcohol affect is gone.
Unless you just feel like a heart to heart conversation is needed (just want you to know that an offensive body oder smelling like alcohol has been reported and you may want to try to do something to stop this so it won't affect how people react to you) or something like this. Not write it up. Then if you get the testing in place, you could act on it.
E Wart

denjen

Thank you for all the help. We let him go at the end of the day, based on poor performance.

ritaanz

There are some days you just want to say "duh".