#​37 What businesses can do

Last time we discussed how substance misuse affects businesses.  Today we will look at what employers can do to address substance abuse in the workplace.

According to the National Safety Council, 10-15% of all employees are personally affected by substance abuse, whether it is alcohol, opioids, marijuana or other substances.  When family members are included the number affected is closer to 30%.   

When considering that nearly one out of three employees are directly or indirectly affected by substance use, employers need to have a plan.

Some employers have found success with the following strategies. Please consult your own legal council and professional organizations to discuss your particular circumstances.

1. Some employers make Narcan available at their business.  Narcan is an opioid reversal agent that stops an overdose.  If the individual is not overdosing on opioids, Narcan will not hurt them. Having Narcan in your place of business and knowing how to use it can save lives.
2. Many seek to educate their leaders and employees on substance misuse.  Knowing the signs of substance use can help catch problems early.  The longer a person is involved in substance use, the more difficult overcoming will be.
3. Employers can reduce stigma and build trust by viewing substance abuse disorder the same as other chronic diseases such as diabetes, COPD, hypertension or heart disease.  Supervisors and HR directors set the tone and culture for their work place.  In a conversation with an Indiana employer who implemented a drug-free workplace policy, the business owner said it took six months of daily walks on the factory floor, talking to employees and sharing information about the company policy and available resources, before the first employee asked for help.  When her coworkers witnessed the supervisors following policy without implementing judgement and negative consequences, many more employees reached out to utilize the assistance offered. 
4. Employers may familiarize leaders with resources, such SAMHSA, Indiana Workforce recovery, and the National Safety Council.  These can provide general guidance and sample policies, but a legal advisor is the best source for advice on how your company should proceed.
5. Some find success by developing a Drug-Free Workplace policy that is implemented consistently with all employees. According to WCF insurance company, a drug-free workplace policy reduces workplace injuries, improves productivity, establishes a safe, healthy work environment, decreases workman’s compensation claims and premiums, provides education to employees, and shows them the company cares about their health and safety. And the cost savings improve the company’s bottom line.  Indiana HEA 1007 provides guidelines on how to implement these policies. 

Many employers do not realize that alcoholism and addiction to legally-prescribed opioids is now considered an ADA-protected disability.  Current use of illegal drugs is not protected.  An individual who is in recovery from a problem with alcohol or with legal or illegal drugs is protected from discrimination under the ADA.  However, employers can take action against an employee who uses or possesses alcohol or drugs in violation of the employer's policy, is unfit for duty because of alcohol or drug use, or fails to meet the employer's expectations in terms of performance, conduct or attendance, even if the failure is because of substance abuse.
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Again, this information is not intended to be legal counsel, but only suggestions as to actions employers might take.