Analysis: The Drug Problem Was Mishandled

A business owner misses some good opportunities to confront a cocaine-using worker—and leaps into a counterproductive initiative to contend with the situation

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When suspected drug use turned a model worker named Amber into an unpredictable threat to the business—and she was even caught snorting a powdered substance in the ladies room—her boss Liz deduced she was using cocaine.

To help, she left drug counseling pamphlets on Amber's desk and asked that she seek help. But all that resulted was a vigorous denial from Amber, followed by her resignation the next day. So what did the employer do wrong?

Well, pretty much everything, say experts.

Waited Too Long

Not that Liz's intentions weren't good and honorable. By confronting Amber, Liz hoped to compel her back into her former admirable work habits and keep her on the payroll. And Liz's assumption that Amber was abusing cocaine was probably correct—in fact, it was fairly obvious, even before Liz caught her in the act. Requests to borrow cash, increases in absenteeism sometimes followed by marathon stints of productivity, frenetic mannerisms, and "sick" days called in right after pay day (when the employee is flush with cash to purchase contraband) are all signs of a cocaine problem, according to drug counselor John Bliss.

Here's where Liz erred. First, she waited too long to confront Amber. "When people begin using drugs, there's often a period where they could swing either way," says Bliss, a psychoanalyst who counsels substance abusers at the Second Wind clinic in Manhattan. "If her boss had made an issue right after Amber's performance started lagging, it might have halted the drug abuse before it became serious."

But leaving pamphlets and making accusations aren't good routes to positive change. "You don't want to do anything public that could embarrass her, like placing literature on her desk," says Bliss. "And you don't want to make accusations. Instead, stick to behavior-based criticisms. Explain to her that the lateness and absenteeism and rudeness to clients are unacceptable and bad for business."

Allegations Spell Trouble

You can also cite other workplace rules early on. "The first time an employee asks to borrow money, you could step in and stop it if it's against company policy," says Linda Wong, a partner in Wong Fleming, a Princeton (N.J.)-based legal firm that specializes in employment law.

But making allegations based on the employee's physical behavior could spell trouble. "But you don't want to bring up physical impairments unless you're sure they're related to drug use. It could be a person is limping not because he's drunk but because of an orthopedic problem that's protected as a disability [under the Americans With Disabilities Act]," Wong says.

So how can an employer find out for sure whether a worker is abusing drugs or alcohol? The answer is easier than it seems, even for tiny businesses like the five-person PR agency in our case study: a written drug-testing policy and a contract or relationship with an outside facility that can perform the tests immediately upon request. According to the Partnership for a Drug Free New Jersey, it's companies with fewer than 250 employees that tend to lack formal drug policies.

Drug Policies Help

Implementing drug policies serve a higher purpose than simply rooting out employees who aren't pulling their weight. According to figures from the Occupational Safety & Health Administration, 10% to 20% of people who die on the job test positive for alcohol or drugs. (Hence the prevalence of random drug testing in industries that involve driving, shipping, or use of heavy equipment.)

"If you have a suspicion that an employee is using illegal drugs [or abusing alcohol], you should send the worker to have a drug test right there," says Manesh Rath, an attorney in the Washington, D.C., office of the law firm Keller & Heckman LLP.

For companies that can't afford to pay attorneys or other HR consultants to formulate drug-testing policies, Rath suggests contacting a trade association such as the National Federation of Independent Businesses for help.

It Can Happen Here

Employers can also look to local nonprofits for assistance. One such organization, the Partnership for a Drug-Free New Jersey, based in Millburn, offers a free kit that instructs businesses how to set up policies for drug and alcohol use and where to direct employees for substance-abuse counseling.

And for those employers who think drug abuse "can't happen here," there are sobering facts. Of the 17.2 million illicit drug users 18 years or older, 12.9 million (74.8%) were employed either full time or part time, say 2005 figures from OSHA.

Gerard Marini, a business consultant to the Partnership for a Drug-Free New Jersey, suggests employers use drug policies as an avenue to help workers control their substance policies—rather than as a basis for firing them. "There are regimens such as Alcoholics Anonymous and Narcotics Anonymous that don't have to cost," says Marini. Some firms large and small actually pay for the entire cost of an employee's multi-week stay in a long-term rehabilitation facility.

Either way, the effort could prove itself well worth the employer's time and effort. Says Angelo Valente, executive director of the Partnership for a Drug Free New Jersey: "Workers who are rehabbed with the help of employers often end up becoming very good and loyal employees."

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