Last updated : December 16, 2024
If most workers were asked whether or not their employer had the right to ask about their activities outside of work hours, the answer would be an emphatic “no.” In general, workplace culture has progressed beyond the 18th and 19th century laws that allowed employers to dictate private matters like requiring that an employee spend their earnings at the company store or prohibiting them from drinking.
Most such regulations are considered outmoded today, and it is the rare organization that attempts to involve themselves in the private lives of employees. Nonetheless, when it comes to issues of substance abuse, there are strong arguments for employers to gain at least limited access to what otherwise would be considered private matters.
While an employee’s recreational drug use may never occur at work, this does not mean that their professional life is not affected by the practice. The use of drugs may mean that the employee is keeping late hours and getting inadequate sleep. This habit translates to drowsiness on the job and a loss of productivity. Moreover, employees who use illicit substances are more likely to call in sick, affecting the productivity of the entire workforce. Absenteeism and inattentiveness can also lead to accidents that injure or kill employees.
Given the rather dire nature of the potential consequences, it seems clear that employers should be concerned about what their employees are doing in their off hours. Laws regulating how far an employer can delve into the private matters of workers vary from state to state. However, it is safe to say that the employer probably has the right to know whether or not an employee is using illicit drugs if this usage will negatively affect the company’s image or their ability to operate.
For instance, a commercial truck driver who is pulled over and arrested for driving under the influence can reasonably expect his employment situation to be adversely affected by the event. The conditions of his employment likely state that he must maintain a safe driving record, so a blemish like a DUI could result in his dismissal. This example is fairly cut and dry because the employer probably has a written drug free workplace policy and a program of routine drug testing. The employee knew or should have known that he was obligated to maintain a safe driving record, and could reasonably expect that his employer would look into an issue like a DUI.
The answers may not be so clear in other circumstances. If an employer does not have a written drug free workplace policy and does not conduct drug tests, then their employees may have a heightened expectation of privacy. Because they are using drugs outside of work hours and are not specifically prohibited from doing so by company policy, it’s easy for them to assume that their usage is flying under the radar.
All is well and good until the employee shows up at work groggy and lethargic after a weekend of partying. When they are involved in an accident that results in injury or death in the workplace and their drug use is uncovered, they are open to liability for damages. Unfortunately, the employer is often just as liable. Because their employee’s performance was adversely affected by drug use, other employees or their families could easily sue the employer for negligence.
It’s a messy legal situation and one that can cost the organization quite a bit of time and money. Most of these situations can be avoided by establishing a written drug free workplace policy and instituting a drug testing program. Employees who are aware that they may be randomly tested at any time for illicit substances are much less likely to use at home or on the job. When being drug free is a condition of employment, the worker is much more motivated to stay sober to keep earning a paycheck.
Drug testing is an inexpensive and simple answer to a complex problem. It requires only a few moments of the worker’s time, and it has a direct impact on workplace safety. With drug free expectations in place, workers understand that this facet of their private lives could come under the review of their employer.
If you’re interested in implementing a drug testing program to reduce the dangers of employee drug use, contact us online or call us at 440-653-5003 today.
