Chemical Dependency and the Workplace



Posted: Wednesday, March 16, 2011

by Crystal O'Brien
MMC Inc.

About once a week, MMC is asked to provide guidance in how to address suspected chemical dependency in the workplace.  Sadly, among health care professionals, it is estimated that up to 15% of all deal with some form of chemical dependency, and among nurses up to 35% according to employee assistance experts.  Across all industries, studies show that alcohol and drug abuse cost the economy an estimated $246 billion.  Nearly 73% of drug users in the USA are employed, which amounts to 6.7 million full-time employees and 1.6 million part-time employees.  Studies show chemically dependent workers have more on-the-job accidents, higher absenteeism and more health care and workers' compensation claims.  In short, the problem of alcohols and prescription drug misuse/abuse, and illicit drugs in the workplace is not insignificant.

In this month alone, this author has managed problems inherent to employees calling in prescriptions for financial gain, a notice to a physician client that the Department of Justice has flagged excessive narcotics being prescribed (that were never authorized by physician) and erratic behavior (including theft of prescription pills from a co-worker’s purse) of employees suspected of being intoxicated while on the job.  What to do?

As an initial matter of safety, forcing these employees to leave the work premises and return home is not an option.  Driving employees to a drug testing facility or allowing employees to call others to help them leave the workplace is preferred.  This also begs the question of whether the workplace has a comprehensive Alcohol and Drug Policy prohibiting abuse and misuses, and permitting random drug testing.  Assuming the policy is in place, confronting employees regarding the problem conduct, with a witness, and as much support documentation as possible is also key.  Besides knowing whether there is a legal duty to allow time off from work, without pay, an employer equipped with resources such as Employee Assistance Program benefits can generally manage on-the-job suspected intoxication.  However, if an employer errs with attempting an intervention the employee may be entitled to employer-sponsored benefits that the business was never obligated to provide --- some outpatient rehabilitation programs can cost upwards of tens if not hundreds of thousands of dollars if an employee is unsuccessful and goes in and out of programs that the employer unwittingly demands as a condition of employment and then becomes liable for paying the bill.
Crystal M. O'Brien, Esq. serves as MMC's Employment Law Manager/Corporate Counsel. After receiving a double-degree in psychology and sociology from Oberlin College in 1988, Ms. O'Brien earned a workers' compensation insurance claims adjusting license in 1991. She completed post-graduate studies in Human Resources Management at Portland State University's Graduate School of Urban & Public Affairs from 1996-1998 and earned a Juris Doctorate and Certificate in Dispute Resolution from Willamette University College of Law in 2001. Immediately following law school, Ms. O'Brien served as a judicial clerk to the Honorable Faith Ireland (ret.) of the Washington State Supreme Court. She is licensed to practice law in California Washington as well as before U.S. District Courts in each state. Collectively, Ms. O'Brien has 19 years of litigation experience.

To view her complete bio click here.

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