West Virginia Employers Seek Solutions for Drugs in Workplace

They might have red eyes and constricted pupils. They might be nodding off at their desk, if they show up at all. They might not be as certain as they should with a heavy piece of machinery, or maybe have let their personal hygiene lapse. They could be disappearing into the bathroom for a lengthy period of time and coming out in a different mood.

Employers throughout the Huntington, West Virginia area have seen these symptoms and others among their workers – so often that the Huntington Area Development Council and Prestera, in cooperation with Huddleston Bolen and the Huntington Regional Chamber of Commerce, recently hosted a workshop on drugs in the workplace.

“It’s a problem everywhere,” said Maria Okuno, general manager of Okuno International in Prichard, who attended the workshop to see if she could learn anything new.

The 30 business people who attended the event heard about the recognizable symptoms of drug usage, the legalities of drug testing and terminating employees because of the issue.

According to 2007 statistics from the U.S. Department of Health and Human Services, there are about 12 million people with substance abuse problems in the workplace.

Kim Miller of Prestera Center said that the stakes are high for employers. Drug use among workers not only means absenteeism but also less productivity from the users who do show. It raises safety issues that could lead to liability or workers’ compensation claims. It also increases the potential for violence on the job.

However, treatment does work, Miller said. “Employers can do a lot. You might think this is a personal problem, but … this affects everything that employee does.”

She offered advice to employers who suspect an employee has a problem. She advised they document every suspicious observation. They should have drug-free workplace policies in writing, as well as return-to-work agreements so employees know if they get one chance or no chances before termination.

When it’s determined an employee has a problem, employers should get the person evaluated and seek out local treatment options, she said.] She suggested employers call their health insurance providers, or read the fine print, to learn what treatment options are covered for addicts.

Companies must also educate supervisors on the symptoms of abusers and have an employee assistance program.

According to Huddleston Bolen labor attorney Scott Sheets, drug testing suspicious employees can be a tricky situation West Virginia. Random drug testing can only be done when drug use poses a safety risk with that employee’s job, or when there is “good faith reasonable suspicion” to believe the person is using drugs.

When safety isn’t an issue, Sheets advised employers make sure at least two supervisors or people have observed any employees in question, talking to them and documenting the suspicious behaviors or physical signs of addiction.

“As an employer, you really are going to need some backup,” he said.

In the case of a positive drug test, it then becomes an issue of whether the drug is illegal or a prescription. In the case of a prescription, the employee should be given a chance to provide evidence of obtaining the drug legally from a physician, and if so, the prescribing doctor needs to get involved.

Sheets advised that employees be required to obtain a statement from their doctor about whether they should be performing their job while on that drug.

He agreed that every company should have a written policy.

The business people asked what the school system is doing to fight drug abuse. Cabell County Superintendent William Smith said one school is conducting anonymous surveys to gather information. There is some evidence that kids are starting as early as the sixth grade and usually drinking or using drugs at a friend’s house on the weekends.

Surveys also indicate that drug use is lower among kids involved in after-school activities, so the school system is working to get kids involved in extracurricular activities, Smith said.

There are efforts to address the problem at the state level as well, said West Virginia Delegate Don Perdue, D-Wayne, who is also the director of the Wayne County Economic Development Authority.

“There’s no way we’re going to ignore this problem any longer because it’s not only affecting the fabric of our society but it’s undermining our economy,” he said.

The Legislature approved $7.5 billion for substance abuse last session, and the state is working on a program to help place recovering addicts in good jobs. “If we don’t find them a meaningful job, they’ll go right back,” Perdue said.

Topics Commercial Lines Business Insurance Virginia West Virginia