What to Do If You Suspect an Employee is Impaired at Work

With cannabis now legal in many places, handling suspected impairment at work is more complex than ever. It's crucial to prioritize safety while respecting employees' rights. If you suspect an employee is impaired, here's a simple guide to managing the situation.

Know the Signs—But Don't Jump to Conclusions

When you suspect an employee might be impaired, observing carefully and recognizing the various signs of potential impairment is important. But equally important is resisting the urge to assume the worst. Here's a closer look at what to watch for and why it's crucial to approach these situations cautiously.

Physical Signs of Impairment

Physical indicators of impairment are usually the first clue that something is off. However, they should be noted alongside behavioral changes for a more accurate assessment.

• Red or Glassy Eyes: This is often associated with cannabis or alcohol use. However, fatigue, allergies, or even eye strain from screen use can cause red eyes, so don't assume impairment based solely on this.
• Unsteady Movement or Lack of Coordination: An employee stumbling, swaying, or showing delayed reactions may be under the influence of substances. However, other possibilities include medical conditions (e.g., vertigo or an inner ear issue) or extreme fatigue.
• Slurred Speech: Difficulty speaking or slurred words is a classic sign of alcohol or drug use, but it can also be linked to stress, dehydration, or health issues like low blood sugar.

Behavioral Signs of Impairment

Changes in behavior are another key indicator that an employee might be impaired. However, many of these signs overlap with other issues like stress, anxiety, or personal problems.

• Confusion or Lack of Focus: Difficulty concentrating, forgetting tasks, or acting disoriented are common symptoms of impairment. However, these can also be linked to fatigue, stress, or lack of sleep, mainly if the employee deals with personal issues outside work.
• Mood Swings or Irritability: Sudden shifts in mood, unusual aggression, or irritability could point to substance use. However, high stress, burnout, or underlying mental health issues could easily lead to similar behaviors.
• Unusual Drowsiness or Lethargy: A lethargic or overly drowsy employee may be impaired, especially if they appear to "nod off" during work hours. But again, consider if the employee may have stayed up late, worked overtime, or been struggling with something like a cold or medication side effects.

Why You Shouldn't Jump to Conclusions

It's easy to assume impairment when someone shows physical or behavioral changes, but many non-drug-related reasons could explain these signs. Here's why caution is key:

• Medical Conditions: Health issues such as diabetes, low blood pressure, migraines, or even side effects from prescription medications can mimic signs of impairment.
• Mental Health: Anxiety, depression, or stress can cause forgetfulness, difficulty concentrating, or unusual mood swings. In some cases, medication taken to manage these conditions could also lead to drowsiness or slowed reaction times.
• Fatigue: Lack of sleep or long work hours can lead to similar physical symptoms, like red eyes, poor coordination, or drowsiness. Fatigue can affect someone's ability to focus and perform, just like substance use.

That's why it's crucial to look for a pattern of behavior and document it before taking further steps. You want to ensure you're acting fairly and legally.

Prioritize Safety

If the employee works in a safety-sensitive role (e.g., operating machinery, driving), immediately remove them from potentially dangerous tasks. Always focus on safety first, but avoid making accusations.

Document What You See

Keep a record of what you observed:

• Date and time
• Specific behaviors (e.g., difficulty speaking or unsteady gait)

Use a reasonable suspicion checklist to ensure accuracy and consistency. Documenting properly protects your business legally.

Talk to the Employee Respectfully

Have a private conversation focused on safety and performance. Avoid accusations and give the employee a chance to explain.

Example:

"I've noticed you seem off today, and I want to check in to make sure everything is okay."

This approach helps maintain professionalism and respect.

Stay Within Legal Boundaries

In places where cannabis is legal, you can't punish employees for off-duty use. The key issue is impairment while on the job, not whether they use cannabis legally outside of work. Avoid relying solely on testing, as it may not show immediate impairment.

• Training for managers to identify impairment.
• Clear policies on substance use at work, including cannabis.
• Regular safety meetings to reinforce the importance of being fit for work.
• Take Action—But Be Fair

If you believe the employee is impaired after documentation and discussion, follow your company's policies for disciplinary or termination process. This could mean sending the employee home for the day or requiring a test, but only after consulting HR or legal counsel.

Conclusion

Handling suspected impairment requires balancing safety with respect. By following a fair and documented process, you can uphold workplace safety and employee rights.

For more help navigating these complex situations, Flex Force HR can provide tailored policies and guidance.