Many service employers wrongly believe that substance abuse is a problem with safety-sensitive industries which require the operation of heavy machinery, vehicles and tools.Of course, much attention is given to those industries to ensure a safe work environment; however, much attention should also be given to those service industry jobs, too, since those service industries are the largest employers in this country.Moreover, the general services industry usually gives employees access to financial records, maintain confidential information or are heavily involved in the company’s plans and ideas.Mistakes due to drugs have huge consequences for employers.So, what are employers to do?
Simply put, employers must have workplaces that are alcohol and drug free and have employee manuals that address the situation and consequences for such use.
The U.S. Department of Labor published statistics based on a 1996 US Department of Health and Human Services Substance Abuse and Mental Health Services Administration study.
Service Category
Current Illicit Drug Use (%)
Past Year Illicit Drug Use (%)
Current Heavy Alcohol Use (%)
Business and Repair Services
11.1
19.8
9.7
Finance, Insurance, Real Estate
5.4
14.6
4.5
Personal Services
10.3
19.3
5.8
Professional and Related Services
4.2
11.05
3.1
Public Administration
3.7
8.8
7.2
Small and large businesses alike must have a drug free policy in place to ensure that mistakes due to drug involvement can be avoided or at least reduced.One first step is simply to develop an employee manual with a specific section that addressed drugs in the workplace.That employee manual should address drug testing and the procedure to follow.The Department of Labor strongly recommends that before any drug-testing program is implemented, an employer have a written policy that is shared with all employees and clearly outlines why drug-testing is being implemented, prohibited behaviors and the consequences for violating the policy. If drug testing is used, it should only be one component of a comprehensive program that also includes training for supervisors on signs and symptoms of substance abuse, education for employees about the dangers of substance abuse and some form of assistance or support for employees who may have problems with alcohol and other drugs.
The moral of the story is that employers cannot close their eyes to the situation and recognize that drugs in the workplace are serious.With a well written employee manual, an employer can reduce the risks of mistakes and liabilities to customers, other employees and the company overall.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
