Are You a Grinch Employer?

DRUG/ALCOHOL TESTING AND THE HOLIDAY SEASON;
Are you going to be a “Grinch” employer?

Note: Although this is not a specific Federal issue, the following applies to both Federal and non-Federal programs.

Yes, the year is coming to a close. Time to close the books, estimate the damage/profit for this year, and maybe end the year with a couple of company parties to keep employees happy – instead of giving bonuses. Drug or alcohol test anybody at this time? Why? The year is almost over, you have met your random testing quota, and besides, who would be doing drugs during Christmas?

Well, you have to remember the purpose for having drug/alcohol testing programs – deterrence! Yes – unexpected, unannounced testing helps some of your employees to abstain from using drugs and from inappropriate use of alcohol. Unfortunately, the Holiday season is one where there are a lot of different pressures on many individuals. It is a time when some people get depressed (for a number of different reasons), some get more stressed out with the increased pace, shopping, family issues, etc., and others just get carried away with year-end celebrations.

The end result is that many people “self-medicate” themselves with prescription medication, illegal drugs, and/or increased alcohol use. Regrettably, this behavior is frequently accepted by co-workers and employers; the fact that an employee is a little off kilter, more abrasive, louder than usual, angrier are all attributed to the stress of the Holidays. Rarely, are these behaviors seen as something to get concerned about.

By the way, many employers stop all drug and alcohol testing two to three weeks before the end of the year. Frequently, this is common knowledge at the company and really a “get out of jail” card for those who want to celebrate a little harder. Also, many employers feel that since they have met their minimum random testing quota, this is all the testing they can or should do. This is a misconception. An employer can always test more than the minimum and some employers will tell their employees specifically that testing will be conducted through the Holidays – just in case some of them are planning on stepping over the line.

If you have a 24/7 operation nothing prevents you from testing even on Christmas Day. It may cost you just a little more to conduct a test, but it may potentially save you a lot more money in the long run by possibly preventing an accident that could be attributed to drug or alcohol impairment. Will some of your employees call you a Grinch? Maybe, but consider what you may have accomplished: you may have saved an employee’s life or that of someone else on the road and at the same time kept your company from facing devastating litigation.

Take a look at your random testing schedule. When was the last test conducted? What kind of testing did you conduct during this same time frame last year? Did you ever test during the Holidays since the start of the program? All of these questions should help you determine if and when you should conduct drug/alcohol tests during the Holiday season.

A more problematic issue is that of office parties and the approval or permissive use of alcohol. Many employers now have strict policies about office parties and availability of alcohol. They have learned that in most states courts will hold them accountable if an employee leaves an office party inebriated and subsequently has an accident while driving – or even falling down a staircase. This is frequently true even if the company-sponsored event is held off company premises. Obviously, if a company office party will include alcohol, make sure that there are non-alcoholic beverages available, that whoever is serving drinks pays attention to how much someone is ingesting (similar to bartenders), have food available, and of course make provisions to drive or get a taxi for anyone who is unable to drive. For sure, you do not want someone who is scheduled to start a safety-sensitive function to stop by at the party and have a drink before they go on the job.

BOTTOM LINE: You should spell out your specific concerns and requirements so that everyone knows about them – either as a Holiday reminder of company policy or maybe as part of the announcement about the party. Reaffirm that drug use during this time is not condoned and emphasize that the company may conduct drug/alcohol testing during this time frame. If you do not permit alcohol use at company parties, make sure you state that in no uncertain terms. Common sense is a key ingredient here, but you have to use it – and enjoy the Holidays!