I am concerned about someone
who reports to me

• Don’t try to diagnose – know the signs of on-the-job drinking or drug use (bloodshot or glassy eyes, dilated pupils, slurred speech, delayed reaction time, unsteady gait, erratic behavior, odor of alcohol or drugs, etc.)
• Document what you observe including dates, times, behaviors, and impact of behaviors; remember, this is about the worker’s safe and effective performance of their job
• Don’t accuse a worker of being inebriated or high, as an illness or medication could be the cause of the behavior

State your observations to the individual concerned:

• Point out what you have observed without identifying alcohol or drug use
• Provide backup documentation if appropriate, for example – documentation of what you observed
• Have an HR or managerial witness present (e.g. steward, supervisor, business agent, department head, etc.)
• Be consistent in how you treat each employee
• You can take into account extenuating circumstances such as recent bereavement, divorce, or other life situation, but be sure to document any exceptions you make and the reasons for them

• Remove the impaired person to a designated area away from the ongoing work or have them escorted home
• Check with management and be sure to follow any existing policies and applicable law regarding drug or alcohol testing
• Provide the individual with information about how to get help, including a list of resources
• Check local, state and federal law and regulations, and company policy regarding your options to discipline, discharge or deny employment to an individual
• Maintain the worker’s privacy; limit the matter to those who need to know (e.g.supervisor, HR, department head)

• According to the EEOC, an alcoholic is a person with a disability and is protected by the Americans with Disabilities Act (ADA) if they are qualified to perform the essential functions of a job without putting others at risk. A person who is addicted to drugs is also protected under the ADA, but only if they are not currently using illegal drugs.
• The employer may be required to provide an accommodation to the individual
  • • Accommodations include time off or flexibility to attend meetings, such as 12 step meetings, or to enter treatment
    • Accommodations do not include the use of alcohol or drugs, or being under the influence, in the workplace

• Employers must not retaliate against a worker who reports or helps confirm suspected substance abuse