Substance Abuse

 

Substance abuse in the workplace costs employers billions of dollars annually in lost productivity, absenteeism, and theft, to say nothing of Workers' Compensation, health insurance, and medical costs. Creating a workable substance abuse policy is complicated by: the fact that states vary as to what they allow in the way of testing; the Americans with Disabilities Act (ADA) which affects how drug and alcohol addiction can be confronted; and legal proscriptions for acting on suspicions of actual workplace illegal drug and alcohol use.

 

Applicable Law(s): Drug-Free Workplace Act (DFWA)

 

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FAQs

1. Is it legal under the Americans with Disabilities Act (ADA) to terminate an employee who is currently using illegal drugs? 
   
   
2. Is testing for illegal drugs permissible under the ADA?
   
   
3. Is it legal to decline to hire an applicant who refuses a pre-employment drug test?
   
   
4. Can an employer's drug policy prohibit the use of certain prescription drugs?
   
   
5. An employee has been coming to work with what "seems" to be alcohol on his breath. However, nobody's actually seen him drink. At what point can an employer do something, and what is the best way of handling it?
   
   
6. Is addiction to alcohol considered a disability under the ADA?
   
   
7. What can an employer do when a recovering alcoholic who's in an agreed-upon treatment program shows up for work with red eyes, slurred speech, and whiskey on his breath?
   
   
8. What are some of the symptoms that indicate that a worker could be abusing drugs or alcohol?