FIRM POLICY CAN ENSURE A DRUG-FREE ENVIRONMENT

Workplace: Company Rules And Procedures Help Reduce Risk Of Legal
Repercussions, Economic Damage As Well As Stress.

One of the toughest problems an employer can face is dealing with a
worker who appears to be abusing alcohol or drugs. On a personal
level, it can be an unpleasant situation, but for a small business,
an employee who is a substance abuser can cause some severe economic
damage as well.

With alcohol or drug abuse, as with many other employment issues,
it's best to have a policy and procedures in place. Being prepared
helps reduce the risk of legal repercussions, and it might also ease
some of the stress you'll feel in handling such a difficult situation.

If you have no idea how to begin putting a policy together, you can
start with information from the National Clearinghouse for Alcohol
and Drug Information. Its Web site contains a section called "Making
Your Workplace Drug Free: A Kit for Employers," at
http://www.health.org/govpubs/workit. Or you can get a copy by
calling (800) 729-6686.

Another way to create it is with the help of a human resources
professional. Chances are, if your firm is small, you can't
afford--and probably don't need--a full-time HR person. There are
plenty of independent HR consultants who can advise you.

If an employee has a problem, the odds are good that you'll first
notice something's wrong because his or her attendance, performance
or behavior will change. Maybe the first sign will be tardiness, or
work that isn't getting done. Maybe money or equipment will be
missing. Maybe customers will have complaints.

Unless you're experienced in handling this kind of situation, don't
try to do it alone; get some help from an outside HR consultant.
There are several reasons, including some legal issues, that could
affect your company. For example, if you have 15 or more workers,
your employee might be covered under the federal Americans With
Disabilities Act. State laws might also apply.

Employers Not To Determine Abuse

It's almost inevitable that a supervisor--and that could be you, the
company owner--will need to confront the employee. Human resources
professionals say you should address the symptoms of the problem--the
performance and behavior changes--and not tell the worker that he or
she has a substance-abuse problem.

"You're not qualified to make that determination. You're not a
doctor," said Mary Beth Ryan, a senior professional in human
resources and a principal and senior consultant with Ryan &
Associates in Federal Way, Wash.

She noted that sometimes employees are having problems related to
prescription drugs. If you accuse an innocent person of drug abuse,
you might find yourself with an angry employee--or even an
ex-employee.

The National Clearinghouse's Web site has a very helpful section
called "The Drug-Free Workplace: A Guide For Supervisors and
Managers," at http://www.health.org/govpubs/workit/guide.htm, which
spells out the process for dealing with employees you suspect of
substance abuse. It starts with being attentive to changes in the
employee's behavior or performance, observing the employee to see
whether these changes continue and then documenting any problems.

When you confront the employee, it isn't going to be easy. You'll be
nervous, and your employee will very likely answer your complaints
and questions with denials, anger or excuses.

That's another reason to be prepared. A human resources expert can
coach you on how to handle the roadblocks a defensive worker tries to
place before you. The National Clearinghouse site has sections called
"How to Begin and End a Conversation" and "Barriers That Arise When
Addressing Employee Problems."

Address Worker's Performance Problems

Ryan suggests starting out by stating the performance problems.

"Tell them they're jeopardizing the product or the customer or
there's been some problems with other employees complaining or
feeling uncomfortable," she said.

You can ask the employee for an explanation, and then you need to
state that you expect to see an improvement within a specified amount
of time. You should also give the employee a letter spelling out what
you've discussed.

Let's say you've given the employee three months to shape up. At the
end of that time, nothing's changed. Go back to your HR consultant;
it might be time to dismiss this worker.

It might be that the employee's behavior involves something more
egregious than lateness or sloppy work. Perhaps you can prove the
employee has committed a crime against your company, such as theft.
In that case, you want to terminate the worker immediately; get a
lawyer and be sure you're on solid ground.

But it may never come to that. Ryan said many employees when
confronted will quit on their own.

You might want to help the employee get some help. Some HR experts
advise against it, saying you should stick to the performance issues
and let employees resolve the substance problems.

Perhaps the best thing to do is to make all employees aware of help
for all kinds of emotional and substance abuse problems. If you can
afford to affiliate with an employee assistance program, do so. If
you provide health insurance, your plan may include one.

Ellen Bayer, practice leader in human resources management for the
American Management Assn., suggests letting troubled workers know
that help is available.

"The real benefit is both to the company and the employee in that a
potentially health-threatening, as well as business-threatening,
situation is being responded to in a humane manner," she said.