illegal substance

As an HR manager what responsibility do we have if we have become aware that an employee is using an illegal substance after work hours? We have no random drug testing procedures or for cause for that matter.

Comments

  • 22 Comments sorted by Votes Date Added
  • If it's not affecting the person's work performance, I would say none. If there are performance issues, they should be dealt with independently of the reason for them, even if you know or suspect that it's drug use.
  • Ditto the above. You've no reason to get involved in any employee's off-duty behavior unless the individual appears to be impaired while at work, and even then your options are limited absent any drug policies or testing protocol.
  • I also agree with the other respondents. The only time we would get involved in a situation liek this was if the employee was officially representing the company outside of work hours.
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-02-04 AT 04:01PM (CST)[/font][br][br]I'm not letting you off the hook that easily. Not with the see-nothing, say-nothing, do-nothing advice given so far. I would say it depends on the substance. If it's cocaine, for example, speed, marijuana, chrystal meth, I would sure as hell NOT do nothing but wait for someone to tell me there's been a finger sliced off or a body gone out a third floor window. It also depends on your level of proof and we could go on about that for days.

    Go through this mental exercise for us: Assume what you have here to be gospel. Now assume later in the week you have an industrial accident caused by or contributed to by this individual. A death or amputation results or an eye is put out. Now imagine the lawsuit that might follow and picture yourself at the deposition saying, "Sure I knew it. But since we don't have a policy, I didn't feel I had any obligation to do anything. But I am sorry Henry's dead."
  • responding to Don's answer (which I appreciate). So let's say the word is "gospel". We are in an office environment (not manufacturing). You recommend what in that situation?
  • Definitely get a policy in place! Besides, just b/c the ee does the illegal drug the night before does not mean that the substance is out of the body's system.
  • Yes, HDDC I understand that. To date there has been no incidents at work. I just KNOW what is going on AFTER work!
  • Get a policy in place now. Once something happens, it will be too late. Furthermore, you know what is going on after work. Depending on the drug and the strength of the addiction, how can you be sure nothing is happening at work.
  • Whatever - OK so let's say we put a policy in place. What then? No one has reported any incidents thus far and even I myself have not noticed any strange behavior.
  • Because if something does happen you have a procedure in place. Bad comparison, I agree, but still, we all do fire drills. Never had a fire, I'm not planning on one but if something happens a procedure is in place. If an employee is suspected of being under the influence of an illegal substance (or, in the case of alcohol, a legal substance), you need to have a policy on testing, what to do if the result is positive etc.
    I don't know how large your company is, but the odds are that someday the problem will arise.
  • absent a policy, in an office environment and no performance issues I would take this opportuniy to look into creating a drug policy.
  • njjel: the analogy/scenario I used was more slanted toward manufacturing. I spent most of my years in office environments and can easily give you a 'what if' for that:

    Mary's been to the water cooler at least 8 times. Now she's disappeared into the ladies room. She's been in there at least 40 minutes. You finally go to check on her and she's passed out in the stall, dead to the world. Two of you clean up the vomit and the ambulance comes at your request. 4 hours later you learn her stomach was pumped and she's overdosed on the drug you knew she was using recreationally. She also cracked her skull when she hit the tile floor. Wonder what the comp cost will be?

    or

    Mary's left for lunch. So have six others on the same lunch schedule. All of them have a one hour lunch. Four of the six others will return. Mary will not and the other two will not because on the way to their car to go to lunch together, Mary ran them down and sped out of the parking lot. Now she's in jail, shaking like a leaf and doesn't even remember being at work this morning. Your trying to decide which family to visit first.

    I like the analogy about the fire drills. Don't wait for something to happen before your company takes action. If nothing else ask your company attorney to recommend something to you.

    I can't think of a single illegal drug or prescription narcotic, which, if abused, is out of the human system the next morning.
  • Njjel, What does the "burden of knowledge" mean to you? Since you are in a management position and charged with protecting your company and employees from a wide variety of exposures, you do have a higher duty than line staff or others not in that same level of trust.

    Rather than looking to Don to come up with scenarios justifying the need to be responsible, you should think of ones that would match your companies business. Don't get me wrong, Don has done a good job of illustrating a couple of possibilities, and the main thing to keep in mind is the picture of yourself on the witness stand confessing your prior knowledge of the illegal substance use that may have contributed to the accidental injury, death, etc.

    It is not comfortable to be placed in a situation that makes you think of these kinds of things, but it comes with the territory of being in HR and in management. What would your advice be to another supervisor who came to you with the scenario you described? Is it easier to advise others to do the right thing than it is to do it for yourself?

    Get that drug policy in place and work in the reasonable suspicion testing criteria. Then enforce it. It will save you money in the long run. By the way, it is good for the EEs if you have an EAP program that can step in as necessary.

    "The right thing to do is usually the hardest thing to do." I am paraphrasing a quote here and I do not know who to attribute it to, but it is more often true than not.

    I can sense your struggle with this issue by the questions you have raised. Good luck, I hope you win the fight.
  • Marc, NY - Sorry but I believe that this forum is the EXACT place to ask for advice, and especially from members like Don who has a proven record. In light of the fact that this ee has done NOTHING at all in the work place to arouse suspicion, I was curious to know how others in this situation would handle it.
  • Njjel,

    It was not my intent to offend you or suggest you were misusing this forum.

    I agree that the forum is a great place to seek advice and counsel, and many contributors (like Don D) have a depth and breadth of experience that make their words of wisdom particularly relevant.

    Your initial post asked what level of responsibility you had and early responses said none, absent evidence of effects at work. I disagree with that position and believe all management levels have varying degrees of higher duty, especially HR.

    I sensed that you were looking for reasons to ignore the off-work substance abuse because of the lack of glaring evidence of an at-work performance problem and because you were not in a manufacturing environment, you did not see the safety of the EEs as being an issue. As illustrated by Don's second set of possibilities, safety can still be an issue in an office setting.

    If you were just looking for guidance in the absence of a policy, then I misread your responses and humbly apologize.


  • Several years ago we had an employee who used drugs off the worksite. We found out about it when he had such vicious mood swings he would throw books around his office.... by the way, he also forgot to credit fees collected to the company, but used them to support his new habit.

    Get a drug policy written and make it known to all employees. Make arrangements with a local clinic or other drug testing center to take your employees whenever you send them. And make him one of your first 'random' testings.

    Good luck.
  • HRbanker:
    You did good until your last statement. "make him one of your first random selection", one can not pick and choose those to be tested under the random selection model. One chosen for testing by a supervisory chain must have reasonable cause, "reasonable cause" can be association with known culture, or "mood changes", unusual human behavior, etc. Don't destroy the power of your policy with a "chosen random selection", that fish want swim.

    PORK
  • While I am not one to do nothing, I also do not see how this employee would fall under any accepted policy. If you establish a random testing procedure, you can't very well make her the target because as Pork pointed out that's not exactly random. If you set a "reasonable suspicion" standard that won't work either because as you stated she does not demonstrate any suspicious behaviors at work. You also have not clarified how you have knowledge of her substance abuse issues, which to my mind is key to clarifying your level of responsibility. If you have simply heard some rumors I wouldn’t call that solid evidence. If you have videotape of her snorting coke at a party that's a horse of a different color. Perhaps you should separate the two issues. If you don't have a policy establish one ASAP, train your managers and enforce the policy. If she gets caught, great. If not, keep an eye on her and she what happens.
  • I agree with Crout. Again, don't see how you can act on something you just KNOW that isn't related to the workplace. (By the way, how do you know?) Employees have a right to privacy. In thinking of what I would do in this situation, if I knew the employee fairly well and they knew I knew, then I might have a frank discussion with them and encourage them to talk to EAP. That's as far as I would go until the substance use impacted the workplace.
  • Nijel:
    You have a two-part issue:
    1. You most certainly need a drug policy in place so that you can deal with drug use that affects your workplace.

    2. I'll probably take some heat for this but I don't think that an ordinary employee's private actions away from work are anyone's business but his or her own. Of course, I'm not referring to a company official who embarrasses his company in public but only to the personal actions most of us take in private. I too would like to know how you came into your knowledge of this person's drug use. If you have a personal relationship with the individual then speak to her personally and express your concerns. If you have issues with her performance, deal with those. All the rest of it sounds very "Big Brother is watching you" to me.

  • I agree with Carey and Parabeagle. If you cannot identify an issue associated with work performance issues, then there is little you can do. Without a policy in place, there is nothing you can do. The first step is to put a substance abuse policy in place, right now! The policy must be comprehensive in addressing reasonable suspicion issues. Define what constitutes reasonable suspicion, what substances are banned, procedures for testing and what to do in case of a positive or a negative test. Random testing is tricky, unless you can establish a bonafide reason related to safety issues (e.g. truck drivers on a public highway for DOT testing, handling of hazardous materials or processes in a manufacturing setting). Publish the policy, have each employee sign a receipt of policy form and TRAIN everyone. Then if you can identify a work performance issue with an employee that falls within your established reasonable suspicion framework you can proceed with testing.

    Good Luck,

    Uncas

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