Impairment in the workplace is a serious issue that affects employee safety, productivity, and can put organizations at risk. Impairment can result from the use of alcohol, marijuana, other illegal drugs, and even medications that have been legally prescribed. Regardless of the substance involved, impairment is never acceptable at work and must be addressed immediately when it is observed.
At the same time, employers must understand that alcohol or substance use disorders (SUDs) can be considered disabilities under the Americans with Disabilities Act (ADA) – read more here. This creates dual responsibility. Employers must act quickly to protect workplace safety while also responding appropriately and compassionately when a substance use disorder may be on the table, especially if an individual is in treatment or recovery. Navigating this balance is essential for maintaining both a safe and legally compliant workplace.
When an employee shows signs of impairment, supervisors are required to act right away. Allowing an impaired employee to remain on the job can put everyone at risk; immediate action is particularly critical in safety-sensitive roles.
Once there is information or evidence suggesting that impairment may be linked to a substance use disorder, the employer’s responsibility expands beyond safety alone. In these situations, employers must consider accommodation, which may include offering time off for treatment, encouraging participation in recovery programs, and supporting access to medical care. The goal is to address the issue without compromising safety or violating employee rights. Ensure that your drug-free workplace policy addresses this specifically!
Substance use disorders are not always present in obvious ways. In many cases, the first signs appear as changes in behavior or performance. These may include erratic or unsafe behavior, declining productivity, frequent lateness or absenteeism, increased irritability, secrecy, or persistent fatigue.
Even if an employee does not disclose a substance use issue, employers are still obligated to investigate when concerning behaviors arise. Ignoring warning signs can increase liability and put others at risk.
When concerning behaviors are observed, supervisors should address them directly and professionally. The focus should always remain on observable actions and workplace impact, rather than assumptions about substance use. Asking an employee to explain changes in performance or behavior opens the door to understanding what may be happening while maintaining fairness.
Because these conversations can be sensitive, it is often wise to include another supervisor or HR representative as a witness. Careful, factual documentation of what is observed and discussed is critical. This documentation becomes especially important if accommodation or disciplinary action is later required.
If an employee refuses treatment or support and unsafe behavior or poor performance continues, termination may eventually be possible. However, this should only occur after careful documentation and consultation with legal counsel.
Supporting an employee through recovery requires both compassion and structure. Employers are generally not required to pay for treatment, but they can offer meaningful support by allowing time off for appointments, providing reassurance about job protection during rehabilitation, and directing employees to appropriate local resources.
In some roles, such as healthcare, veterinary, or safety-sensitive positions, it may be necessary to discuss job-specific risks related to access to medications or equipment. Developing a documented action plan with expectations, accountability, and follow-up checkpoints helps protect both the employer and the employee throughout the recovery process.
Accommodating a substance use disorder does not mean allowing an employee to work while impaired. It means working with the employee as they seek treatment and holding their position until they are fit to safely return to work.
One of the most common challenges employers face is knowing how to properly identify, document, and respond to potential impairment. Without training, supervisors may miss warning signs, document incorrectly, or take actions that expose the organization to legal risk.
We here at the National Drug-Free Workplace Alliance (NDWA) offer comprehensive training for drug-free workplaces, including supervisor training designed to help managers and supervisors recognize signs of impairment, document observable behaviors, and respond appropriately and consistently.
Learn more about NDWA’s training for drug-free workplaces, including supervisor training, here:
https://www.ndwa.org/services/trainingfordrugfreeworkplace/
Well-trained supervisors are a critical line of defense in preventing incidents, reducing liability, and fostering a culture of safety and accountability.
Clear policies, thorough documentation, and supervisor training, such as those offered through NDWA, are essential tools for protecting both employees and the workplace as a whole.
Sources:
Impairment in the workplace. (2024, June 5). https://www.cfib-fcei.ca/en/tools-resources/impairment-workplace
Whaley, B. A., & Williamson, P. (2023). The Americans with Disabilities Act, addiction, and recovery. Journal of vocational rehabilitation, 58, 10.3233/jvr-230018. https://doi.org/10.3233/jvr-230018
