Make no mistake about it, the opioid epidemic is a workplace issue. Left unchecked it can lead to a host of serious problems including a lack of production, unexcused absences, turnover, increased healthcare costs, work-related accidents, and even workplace violence. The sooner you implement a strategy to address this issue, the better off you and your employees will be.
The first step in minimizing the impact of opioids in your workplace is understanding the problem. A good place to start is the Centers for Disease Control and Prevention website.
Most opioids are prescription medications that relieve pain. They can also include heroin and other illegal street drugs. They are all highly addictive.
The medical community regards addiction as a disease and not a lack of willpower. Be proactive and reduce the stigma associated with addiction by educating yourself and your employees on the dangers of opioids, the warning signs of addiction, and the types of available treatment. Encourage employees to seek help for substance abuse and aim to provide health insurance that will cover rehabilitation programs in a meaningful way.
A work culture that supports prevention and recovery will be better for you and your employees in the long run.
Chronic absences, tardiness, lack of personal hygiene, napping, sloppy work product, and unexplained and unexpected mood swings can all be signs of substance abuse. You should always be on the lookout for trouble and you should train your supervisors to do the same.
When it comes to opioids in the workplace there’s a wide range of legal issues that can arise, from federal and state antidiscrimination laws to privacy regulations to state workers’ compensation statutes. Most cases, however, center on the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
The ADA applies to employers with 15 or more employees and prohibits discrimination in the workplace based on a qualified individual’s disability. A disability is a physical or mental impairment that limits a major life activity, such as seeing, hearing, eating, sleeping, walking, learning, and concentrating. Employers must provide reasonable accommodations to qualified employees with a disability.
Under the ADA, opioid abuse can qualify as a disability. This issue typically arises in the context of preemployment drug testing and with employees who are discovered to be using opioids on the job.
Applying the ADA in these scenarios is complicated and fact specific. Nevertheless, there are two general rules to remember:
This means that job applicants or employees who have completed a treatment program for opioid abuse or who are currently seeking treatment for opioid addiction are generally protected by the ADA.
When it comes to preemployment drug testing, federal and state laws are not uniform. Employers, however, can generally require perspective employees to take a drug test as a condition of employment. If a drug test comes back positive the employer should give the applicant the opportunity to produce a prescription, as the opioid use could be legal. In addition, some drugs are used to treat addiction, so be wary of the possibility that the person who tested positive is actually in treatment for addiction and potentially protected by the ADA.
Keep in mind, too, that an employee using legally prescribed opioids can be covered by the ADA even if the use of the drug interferes with the employee’s ability to perform an essential job function. In this situation the employer must consider providing a reasonable accommodation to the employee unless it creates an undue hardship. A reasonable accommodation could include modifying the employee’s job duties or work schedule.
The employer will have more leeway when it comes to making an adverse employment decision if the employee poses some type of direct threat to himself or others that cannot be reasonably accommodated. Despite the protections afforded to employees using opioids legally, the employer must still operate the business in a way that considers the safety of other employees and third parties. In these situations it's a good idea to contact a labor or employment law attorney.
The Family and Medical Leave Act (FMLA) is a federal law designed to help employees strike a work-life balance. It allows an eligible employee who works for a covered employer to take 12 weeks of job-protected leave per year without pay for the purpose of, among other things, recovering from a serious health condition or caring for a family member suffering from a serious health condition.
Opioid addiction can qualify as a serious health condition that would allow an employee to take protected FMLA leave. While the FMLA does not protect an employee who simply misses work because of drug abuse, it can protect someone who is enrolled in an opioid rehabilitation program or someone who is caring for a family member seeking treatment.
Institute a coherent, company-wide policy that protects your business, employees, and third parties from illegal conduct, yet supports those recovering from addiction. Under your policy, all employees must be treated equally. If you’re uncertain how to educate your workforce and implement a successful plan, consider seeking help from legal and medical professionals.
Opioid abuse is a deadly crisis that costs employers and insurers billions every year. By getting ahead of the problem, you can help turn someone’s life around before it’s too late. You will also safeguard your company against future productivity and legal issues that could cripple your business.
