“An employee’s behavior has changed recently. Jane is working slower and she seems to have trouble paying attention. We think drugs might be involved. Can I send her out for drug testing?”
Your HR Survival Tip
Yes, but you want to be cautious in this area. First, have a conversation with Jane and explain what you’ve noticed. Ask if she has an explanation for her changed behavior. Maybe she’s bored with the work or has personal problems distracting her.
You want employees to let you know when they are prescribed drugs that may alter their behavior or create a danger to the employee or others. However, do not ask what is medically wrong with Jane… you only want to know if she’s on a prescription drug that could explain her behavior.
Several prescription drugs can make you sleepy… which could explain Jane’s inattentiveness and will let you know she shouldn’t operate a vehicle or other equipment. Her doctor may be trying different drugs to find the right balance for a health issue and the changes to the prescribed drugs could be causing her behavior changes. If a prescription drug is the cause, you’ll want to know when Jane will be off them and you can expect her performance to return to normal. You could ask for a note from her doctor if the prescription prevents her from doing her usual work.
If Jane tells you she isn’t on any prescription drug and doesn’t offer any other reason for what you’ve noticed. You might now consider a drug test. However, you want to be fairly sure that what you’ve noticed is actually a sign of drug use. Do your research. A few signs include, but are not limited to:
- Bloodshot eyes or her pupils are larger or smaller than usual
- Unusual smells on her breath, body or clothing
- A change in her appetite or sleep patterns (however, it’s unlikely you’d be aware of this)
- Unexplained changes in work performance (beyond normal ups and downs)
- Sudden weight loss or gain
- Deterioration of her physical appearance and personal grooming habits
- Uncoordinated movements, tremors, or slurred speech
Just so you know, having a medical marijuana card does NOT automatically make it okay for Jane to have used marijuana recently or while working. If your company has a drug-free policy, Jane can’t use marijuana or still have it in her system while working. Marijuana is still a Federal illegal drug and your drug-free policy truly means no state or Federal illegal drugs.
If you’ve decided to send Jane for drug testing, be ready to send her immediately and put a time limit on it… “you need to go for a drug test within the next hour.” In fact, call a cab to take her there and bring her back to work. You should already have a contract in place with a testing company and know where the closest lab is located.
California does not allow random drug testing… you need a reason for testing, which is why you want to be careful. Protect your company with a written drug and alcohol policy that includes pre-employment drug and alcohol screening and/or the possibility of “reasonable suspicion” testing… and the consequences of failing the test or refusing to take the test.
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