5 Drug Trends Likely Reshaping Your Workplace

Every business owner faces a host of unique liability considerations that increase — dramatically, in many cases — the cost and complexity of doing business. For companies with lots of employees, one of the biggest considerations concerns workplace injuries: what happens, and who pays, when an employee is hurt (or worse) on the job. Property damage, particularly that involving heavy equipment or motor vehicles, is another major issue.

So what to do? David DelCollo, a Philadelphia-based attorney, advises employers to stay informed about the various workplace liability issues that can impact employee attraction, morale and retention, not to mention the all-important bottom line. In the modern workplace, awareness of issues around drugs and alcohol is particularly critical. Here’s what you need to know.

• Legal Opioid Use Is on the Rise

The decade’s most consequential workplace drug trend is without doubt the use and abuse of legal opioid painkillers — and, to a lesser extent, non-opioid medications that cause similar levels of impairment. Since state and federal regulations (notably HIPAA) often prevent employers from keeping close tabs on employees’ prescription regimens and extracurricular substance habits, employers need to do the next best thing: closely monitor employees for telltale behavioral changes and stage one-on-one coaching or intervention sessions if and when circumstances allow.

• Drug Testing Isn’t Always Effective

Many employment law specialists recommend mandatory employee drug tests during the onboarding process, though there’s some debate about the legality of the practice. There’s also some question as to the effectiveness of drug testing during onboarding, given that some serious drugs — including cocaine, alcohol, and certain hallucinogens — remain in the body for just a day or two after use. Negative results don’t necessarily preclude habitual use.

• Drug-Related Terminations Aren’t Always Open-and-Shut

Employees are more likely to sue for wrongful termination, and temporary contractors for breach of contract, today than at any point in history. Employers that fail to follow the letter of the law during the termination process risk costly, reputation-damaging lawsuits down the line. When in doubt, consult an attorney.

• Legal Marijuana Complicates Matters

Despite ongoing federal prohibition, recreational marijuana is legal in several states and looks likely to expand into additional territories as the decade draws to a close. Legalization at the federal level isn’t beyond the realm of possibility at some point in the near future. Employers in “legal” states are already moving away from zero-tolerance marijuana policies, toward approaches that treat the drug like alcohol and other legal intoxicants. Again, given the murky and ever-shifting legalities here, it’s always advisable to consult an attorney.

• Documentation Is Critical

The single most important step employers can take to protect themselves from adverse consequences around workplace drug issues is to document everything: signed employee contracts outlining current drug policies, implied or explicit consent to workplace drug tests, disciplinary actions around drug use, workplace incidents (drug related and not), drug related terminations, and anything else that’s relevant. Proper documentation strengthens the defense against subsequent lawsuits — and often forestalls them completely.

What’s your biggest concern about substance use in the workplace?