Research Paper on Substance Abuse in the Workplace

Introduction

Employees who have more than three jobs within a period of five years are likely to abuse drugs than those with fewer jobs. According to the U.S Department of Labor, 14.8 million people abuse illegal drugs and 70% of this population is employed (O'Connor 2015). In the case study, Ross is one of the people who abuse drugs in the workplace. He is an addict of Marijuana, a commonly abused drug by most employees in America. Ross use of Marijuana in the workplace has a severe effect on his health and safety and also those around him.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

According to Hall & Degenhardt (2009), effects of Marijuana include impaired thinking, low concentration, poor coordination, memory problems among others. The U.S. Department of Labor affirms that workers who abuse substances are 25 percent less productive and are often absent from workplace compared to workers who do not abuse drugs (Phillips et al, 2015). Ross being an operator of heavy equipment in a sand and gravel operation is 65 percent likely to cause an accident and the employer should look into this case before it goes out of hand. To recognize that Ross is indeed abusing Marijuana, the employer should not only depend on co-workers information. The employer should be keen on analyzing his of performance and how he handles his job in the workplace because it is not easy to tell a worker who abuses them. Some addicts are good at hiding their condition which requires close examination and test.

The employer has a legal responsibility to ensure that all employees' health and safety are upheld at all time (Player & Sperino, 2017). Ross' employer should not fire him from the company but he should instead have a way I which he would help him overcome his addiction. He should give him a specified period which he would allow him to recover. The employer should follow the health and safety policy to ensure that he maintains a healthy and safe working environment. A safety policy state in detail what one should do to maintain a smoke-free space and what the violators should be treated. The course of action the employer takes also depends on the magnitude of the employee performance. In this scenario, Ross condition affects his performance on the fact that he is dealing with risky equipment. Moreover, a Marijuana addict tends to be aggressive and may relate poorly to other employees.

According to Doyle (2018) on the laws and regulations of workplace drug and alcohol abuse laws, there are several federal laws that on the course of action an employer may take when dealing with drug abuse in the workplace. These laws mandate the employer to prohibit the use of drugs, test for their use and fire workers who continuously engage in illegal drug use such as Marijuana (Doyle, 2018). The Rehabilitation Act of 1973 and American with Disabilities Act (ADA) are laws that enacted to control employees drug use in the workplace (Player & Sperino, 2017). The Acts provides the employer with the power to stop illegal drug use in the company. It also mandates the employees to be tested to prove that they are under drug use. Ross employer also has the mandate to revoke his employment once he proves that he has been using a drug that can compromise his performance. However, he is not mandated to discriminate against Ross in the company due to his addiction. This is because Ross has already explained to him that he has been having problems with Marijuana addiction for some time. The laws require the employer to enroll the addicted employee in a medical center or rehabilitation where he can receive help and overcome his addiction problem.

Ross employer is not limited by the disability rights to deal with this case in the company since Ross is under the Influence of Marijuana and continues to use it on duty. The employer should use the company's disciplinary procedures to deal with Ross behavior. In this approach, if Ross does not hold sensitive position and, has not created a safety threat then the employer can write a reprimand because it is the first offense he has committed (Player & Sperino, 2017). On the other hand, if it is true that Ross operates the heavy equipment while smoking Marijuana, the employer may take a drastic action against him. In this scenario, Ross admits to his boss that he has a drug problem and the best course of action for him to take is to suspend him until he successfully completes a rehabilitation program which the company may cater. However, some employers take zero-tolerance policy and terminate the employment immediately after suspension. Under such circumstance the employers justify their action by stating that the law prohibits selling, buying and possessing of illegal substances. If Ross boss decides to take this action he would lose his job immediately since it is a crime to engage in this type of behavior in the workplace.

Ross may be terminated if his boss opts to use the drug-free policy. Ross co-workers are certain that he uses Marijuana while on duty. He used to smoke while still operating his employer property which is highly prohibited and results in immediate termination. Another provision that may lead to his termination is that he was under the influence of Marijuana while on duty (Player & Sperino, 2017). He operates heavy equipment for sand and gravel under the influence of a toxic substance which may result in a huge loss if something goes wrong. He is therefore subject to discharge. In addition, Ross knew that he had a drug problem but did not notify his employer (Player & Sperino, 2017). This is prohibited under the workplace laws and regulations and he can lose his job for deceiving his boss.

References

Hall, W., & Degenhardt, L. (2009). Adverse health effects of non-medical cannabis use. The Lancet, 374(9698), 1383-1391.

Phillips, J. A., Holland, M. G., Baldwin, D. D., Gifford-Meuleveld, L., Mueller, K. L., Perkison, B., ... & Dreger, M. (2015). Marijuana in the workplace: Guidance for occupational health professionals and employers: Joint guidance statement of the American Association of Occupational Health Nurses and the American College of Occupational and Environmental Medicine. Workplace health & safety, 63(4), 139-164.

Player, M., & Sperino, S. (2017). Federal law of employment discrimination in a nutshell. West Academic.Doyle A., (2018). Workplace Drug and Alcohol Abuse Laws and Regulations. Retrieved from https://www.thebalancecareers.com/workplace-substance-abuse-regulations-2060490

O'Connor (2015). Substance Abuse in the Workplace: Considerations and Solutions

Retrieved from https://oconnorpg.com/substance-abuse-in-the-workplace-considerations-and-solutions/