Ask the Expert: When Does an Employee's Substance Use Become an Employer's Responsibility?

Many businesses of all shapes and sizes struggle with the same question: What an employee does on their own time is their business, so when does substance use become my responsibility as an employer?

The short answer is that an employee's substance use becomes an employer's concern when it begins to affect workplace safety, job performance, conduct, or the well-being of others.

Employers are not responsible for diagnosing addiction, providing treatment, or monitoring employees' personal lives. However, they are responsible for maintaining a safe and productive workplace. If an employee appears impaired at work and poses a safety risk to themselves, coworkers, customers, or the public, the employer generally cannot ignore the situation. Workplace safety will look different for each organization, but when it comes to substance use, ignoring the issue can expose the employee and business to significant risk.

Substance use will inevitably affect job performance. What may start as a minor productivity issue can escalate into tardiness or significant problems. Here are some examples of workplace performance issues you might encounter:

• Frequent absences or tardiness
• Declining work quality or productivity
• Safety violations or accidents
• Impaired judgment or decision-making
• Conflicts with coworkers or customers
• Unusual behavior that affects workplace operations

In these scenarios, employers should focus on observable facts rather than assumptions. Managers do not need to determine whether someone is addicted. Instead, they should address performance, behavior, or safety concerns showing up in the workplace.
This can be particularly challenging for small businesses. When you work closely with employees, it is natural to want to give someone "just one more chance," or work with the devil you know instead of the devil you don’t. In larger organizations, formal policies and HR departments often provide guidance and structure. Regardless of company
size, however, the principles remain the same: address concerns consistently, document what you observe, and follow established policies.

A common misconception is that employers must choose between accountability and compassion. In reality, the most effective approach often includes both. Employers can hold employees accountable for meeting workplace expectations while also providing information on treatment, employee assistance programs, and community resources.
The most compassionate action is to hold boundaries that guide employees toward the help they need and support them when they return to work.

From a business perspective, early intervention matters. Ignoring concerns can lead to increased safety risks, lower team morale, reduced productivity, and higher turnover. Addressing issues promptly may not only protect the workplace but also give an employee an opportunity to seek help before they suffer grave consequences and the
company incurs significant liability.

Ultimately, an employee's substance use becomes an employer's responsibility when it affects the workplace. At that point, the employer's role is not to diagnose or treat the problem, but to ensure safety, address performance concerns, enforce policies fairly, and connect employees with resources and support when appropriate.

In today's workforce, community leaders who understand this balance are often better positioned to protect businesses, support employees, and promote retention of valuable team members. Learn to Live Clinical Services is here to support business and community leaders as they grow their knowledge and understanding of substance use
and recovery.