We often think of impairment as a result of substance use or in terms of addiction or dependence to alcohol or drugs (legal or illegal). Impairment commonly refers to an altered state of physical and/or mental functioning. In a workplace context, someone who is impaired may have difficulty completing tasks in a safe manner and may put themselves, their co-workers, and the public in danger.
There are many potential causes of workplace impairment:
- Substance use, including alcohol or other drugs (legal or illegal)
- Medication(s) with side-effects
- Personal problems or crisis
- Conflicts, harassment, bullying or violence at work
- Fatigue (working more than one job, shift work, long hours, new infant at home, etc.)
Employer responsibilities
While there are provisions for certain specific employment sectors, all employers are required to develop and implement hazard prevention programs to protect employees from workplace hazards, which may include policies related to impairment. Because impairment may be the result of various circumstances, employers should clearly communicate expectations and fit for duty standards in their workplace policies and should provide training on those policies and expectations.
Remember that it is not the role of the employer to diagnose a medical issue, or possible substance use or dependency problem. Their role is to identify if an employee is impaired, and to take the appropriate steps as per the organization’s policy. Wherever possible, employers should rely on observation, supervision, and frequent face-to-face conversations as a way to recognize when an employee is impaired.
Safety-sensitive employees – use a safety-first approach
However, when it comes to safety-sensitive positions, employers must always use a safety-first approach.
Safety-sensitive positions in a general context might include forklift operators, drivers, warehouse clerks, maintenance personnel, public safety, etc. where impaired performance can cause direct and significant damage to property, and/or injury to the employee and others around them. Safety sensitive positions subject to the federal regulations under U.S. DOT under federal law 49 CFR Part 40 articulate strict guidelines for impaired behavior meeting the definition of reasonable suspicion.
What should be done if impairment is suspected?
Since an employer can be found liable for irresponsible and negligent actions of employees who may be under the influence of a substance, it is important to understand what impairment looks like, and how to address impairment related issues when they arise in the workplace. If impairment is suspected, employers should consider if there is a risk to the individual’s safety or the safety of others. For example, while impaired:
- Does the person have the ability to perform the job or task safely ie., driving, operating machinery, use of sharp objects, etc.)?
- Is there an impact on cognitive ability or judgment?
Employers must assess each situation on a case-by-case basis and consider if there are other side-effects of a medical condition or treatment that need to be considered. Signs and symptoms may be different from person to person. Keep in mind that when identifying signs of impairment, they do not necessarily mean that the employee has a substance use problem.
AWC can help! Attend D&A trainings!
AWC helps employers and supervisors address impairment at work, understand your responsibilities in a general sense, and comply with federal regulations. See supervisor training schedule.