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Substance Abuse
Editor's Note: Effectively and compassionately address instances of substance abuse in the workplace.
Overview: Substance abuse in the workplace may lead to an increase in avoidable on-the-job accidents, decreased productivity and potential negligent retention/supervision court claims. However, employers need to understand their legal rights and responsibilities under federal, state and local law with respect to employee drug testing and discipline.
Employers must ensure that their employee discipline policies and procedures allow for flexibility in addressing substance abuse problems in the workplace. Although an employer may choose to terminate an employee who has been found to possess illegal drugs on business premises, the option to provide the employee with a firm choice or last chance agreement in lieu of termination (requiring that the employee seek rehabilitative services) may prove a more appropriate response.
Trends: Case and criminal law continues to evolve in states with medical marijuana protections. Although most laws do not protect employees who are under the influence of marijuana while on-duty, certain legislators have added protections for employees who register with the state. However, the enforcement of these provisions is still tenuous due to the tension between federal criminal marijuana statutes and state medical marijuana protections.
Marta Moakley, J.D., Legal Editor
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Termination for Failure to Admit Prior Drug Addiction Does Not Violate ADA
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Transportation Resource Center for HR: Performance and Discipline
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Employee Health: Massachusetts
In-depth review of the spectrum of Massachusetts employment law requirements HR must follow with respect to employee health.
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Employee Health: Michigan
In-depth review of the spectrum of Michigan employment law requirements HR must follow with respect to employee health.
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Employee Health: New Hampshire
In-depth review of the spectrum of New Hampshire employment law requirements HR must follow with respect to employee health.
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Employee Health: North Carolina
In-depth review of the spectrum of North Carolina employment law requirements HR must follow with respect to employee health.
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Employee Health: Pennsylvania
In-depth review of the spectrum of Pennsylvania employment law requirements HR must follow with respect to employee health.
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Off-Duty Conduct Policy
An employer may use this policy to protect against employees engaging in activities outside of work that could jeopardize the employer's interests. Even after the work day ends, employee conduct and behavior can adversely affect an employer's image and business interests.
About this topic
HR guidance on the legal risks of substance abuse.