Drug and Alcohol Abuse in the Workplace
| Publication year | 1986 |
| Pages | 31 |
| Citation | Vol. 15 No. 1 Pg. 31 |
1986, January, Pg. 31. Drug and Alcohol Abuse In the Workplace
Drug and alcohol abuse have been part of American life for a long time. However, only recently have they gained recognition as problems of such staggering proportions. In the workplace, such abuse can cause lost jobs, moral problems, illnesses, injuries and deaths. In economic terms, losses include property damage, absenteeism, lost productivity, increased health insurance costs, increased worker's compensation, the cost of replacing and training new employees, employee theft and problems with quality control.
In response to these problems, employers in increasing numbers put workers through tests to determine the presence of drugs in the blood or urine. Many companies require testing as a prerequisite for employment. As employers establish policies to deal with these problems, employees caught using controlled substances are likely to find themselves out of a job.
This article gives a brief overview of some areas of legal concern that may arise in testing for or establishing policies dealing with drug or alcohol abuse among workers. It also discusses existing legislative prohibitions.
The Rehabilitation Act of 1973 ("Act") is a broad, comprehensive statute designed to protect the handicapped.(fn1) The Act does not apply directly to private employers. However, federal contractors with contracts above certain minimum amounts and those who participate in programs or activities receiving federal financial assistance are subject to the Act. The Act requires that federal contractors have a program of affirmative action to employ handicapped individuals and provides a mechanism for complaints to the U.S. Department of Labor by those who refuse to comply with the requirements.
The Act prohibits government contractors from discriminating against "qualified handicapped individuals." A "handicapped individual" is defined in § 706(7)(b) of the Act as follows:
Any person who (i) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such an impairment.... Such term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.
The statutory language does not automatically exclude all current users of drugs or alcohol from the workplace. Literally read, the language appears to require a demonstration that the "current use" of alcohol or drugs prevents performance of the duties of the job or that it renders employment of the individual a direct threat to the property or safety of others. Thus, employees are placed in the untenable position of simultaneously proving that they are handicapped by their chemical dependency, but not so handicapped as to be unqualified to perform their jobs.
The U.S. Department of Health and Human Services has advised employers...
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