Having an intoxicated employee in the workplace poses serious risks to safety, productivity, and company liability. The risks increase exponentially for jobs that involve operating machinery, driving, or interacting with customers because alcohol impairment can lead to on the job-injuries, motor vehicle accidents, poor decision-making, and damage to a company’s reputation. Other issues include lost productivity, increased absenteeism, and additional healthcare costs.
According to the 2023 National Survey on Drug Use and Health (NSDUH), 28.1 million adults ages 18 and older suffered from Alcohol Use Dependence (AUD) in the last year. In addition, SAMHSA studies have estimated as many as 9% of full-time U.S. workers engage in heavy drinking and that most binge drinkers (79.3%) are full-time or part-time employees. It is therefore very likely that employers will have to deal with an employee drinking on the job at some point.
5 Steps for Investigating and Responding to On-the-Job Drinking
If an employer suspects that an employee has been drinking on the job or is intoxicated at work, they should act quickly and appropriately to protect their business and employees, while complying with employment laws. Here are five steps for investigating and responding to suspected on-the-job drinking:
- Confirm and Document. The first step is to confirm and document observations like slurred speech, poor coordination, or the smell of alcohol. Gather evidence such as witness reports, video footage, or attendance records. If your company policy allows it, you may also wish to search the employee’s workspace.
- Conduct a Private Meeting. Once suspicions have been reasonably confirmed and documented, call the employee into a closed-door meeting. Calmly share your observations and ask if they have been drinking on the job. It is okay to ask the employee if they are okay or if something is affecting their ability to perform their job, ideally with a witness present, but do not make accusations about the employee being an alcoholic, as this can create legal problems under disability laws. Document everything that happens in the meeting, including the time and location, as well as what was said, how the employee behaved, and their appearance. Keep the conversation confidential.
- Offer An Agreement. If the employee admits to a drinking problem, your company may wish to offer a leave of absence to allow time for addiction treatment. If you enter into an agreement of this nature, it is important to communicate that drinking at work won’t be tolerated going forward and that if they violate the agreement or endanger others, it may be necessary to terminate their employment, even if they are in treatment.
- Breath Test. If your company policy and state laws allow it, you may send the employee for a professionally administered breath test after the conversation is complete. If there is no testing policy, arrange for safe transportation home through a ride service or contact a family member. It is a liability to let the employee drive home if you suspect or they admit that they have been drinking.
- Implement Consequences. The consequences for drinking on the job can vary depending on the situation and company policy. Disciplinary actions may include a final written warning, suspension without pay, or even immediate termination. Employers should apply these consequences consistently while taking the severity of the behavior and any previous incidents into account.
Does Your Employee Handbook Address Drinking on the Job?
It is important for companies to include a section on workplace intoxication in their employee handbook to protect themselves from legal liability, workplace accidents, and inconsistent disciplinary actions.
If there is no section for workplace intoxication, it is important to work with an HR expert to develop clear policies. If there is a section, take a moment to review it. Does it clearly outline the process and consequences for employees who drink on the job? Does it cover how HR will handle alcohol-related complaints, including those that happen at company-sponsored events? What about beverages like kombucha, which may contain trace amounts of alcohol? Does your policy address whether fermented drinks are permitted in the workplace? Does your policy allow managers to search the employee’s workspace if intoxication is suspected?
It’s also important to clarify whether your company follows a zero-tolerance policy or takes a progressive discipline approach, starting with a verbal warning for a first offense. A well-defined policy helps ensure consistency, protects the company, and sets clear expectations for employees.
Risk Management with Seay HR
Protect your company with strong policies, clear documentation, and proactive employee relations strategies. As HR management consultants, our team can help you create or update workplace policies that clearly address drinking on the job, set expectations for behavior, and define consequences for violations.
We can also guide employers through legally sound disciplinary actions and help ensure compliance with federal and state laws to reduce the risk of costly lawsuits or liability from employee misconduct. Click here to learn more about how we can support your business.
Please note: This article is for informational purposes only and does not constitute legal or professional advice. Seay HR makes no representations or warranties, express or implied, regarding the accuracy, completeness, or applicability of the information contained herein.
Seay HR disclaims all liability for any actions taken or not taken based on the information in this article. Readers are solely responsible for their own interpretation and use of this information.
