Chew masks alcohol odor?

marc

After one of our EEs came back from lunch, his supervisor thought she smelled alcohol on his breath. She took him aside and spoke with him about it.

He became quite indignant and said she was smelling his mint flavored chew. The conversation is a documented verbal warning.

Our policy is quite light in this area. We indicate that an EE who comes to work impaired is sent home (a ride arranged), and that repeated violations is cause for termination.

It is the opinion of the supervisors boss that the EE was giving us a bunch of BS. That chew does not smell like alcohol.

Have others had experience with this? Does chew mask the odor of alcohol?

LarryC

I don't think it does, Marc. I used to work in the mines in Upper Michigan where everybody chewed. Chew has no more capability to mask the presense of alcohol than does cigarette smoking. Run him in for testing.

marc

That is one of the downsides of an inadequate policy - we do not require testing. My next step, if it happens again, will be suspension with the offer of voluntary testing. This incident has finally helped me convince our Exec Dir to let me draft a policy that at least can require testing on reasonable suspicion or an accident.

Shadowfax

Hemeant mint julep flavored chew!

Don D

I would think it pretty ill-advised and risky to inherit the potential liability you gain from not having a sound policy backed up by supervisory training in recognition and how to respond. There are tons of employees out there who would love to sue you for sending them home based on what you have and leak the word that you suspended them for the apparent misuse of alcohol on the job....with absolutely no proof and a willy-nilly policy.

We prohibit chewing in the workplace too.

marc

As you usually do, Don, you got to the heart of my concern, even though it was not my direct question. Some of our counselors do have some training in this area, and I have had some due to training at a ski resort where I used to work. That aside, the company has stayed away from this - lots of reasons why, but they do not matter now.

The supervisor is one that has some training in the area, but I hesitate to rely on the accuracy of someones sniffer and how well their diagnosis of an alcohol smell would stand up if legally challenged.

As an aside, the accused staff happens to be a person on various medications (depression diagnosis and other "balance" concerns). His Doc has been trying to dial in the right dosages and meds - causing some fairly severe mood swings. This means that observable behavior benchmarks are not easy to apply - thus some of my training is effectively checkmated.

System

Our EAP provided our managers with the Reasonable Suspicion training (free). There's more to the documentation than any of us thought. We don't allow the use of any tobacco products.

Don D

As a disgruntled employee, Marc, I'm wanting now more than ever to haul you into court.

Let my attorney get you up on the stand. I can hear her now. "So, Marc, you've told us that your company, based on something someone thought they smelled, without any proof or corroboration, made a decision to send my client home that evening and you then decided to suspend him, and you've told us that the basis for all of that was a presumption of the use of alcohol while on the job.

Now, you've heard two of your staff members testify that they somehow had knowledge of my client's medical history and somehow they know about medications and you yourself have testified that you are aware of his 'depression and balance issues', as you call them. And you have told the court that you have no effective drug/alcohol policy, no reasonable suspicion referral for testing, right?

And having an education in accountancy, and I'm assuming none in pharmacology, I am going to ask you now to describe your understanding of various medications and the side effects they may cause. Can you tell us, based on your training and experience, which ones might cause halitosis or dry-mouth or sweating or what you might in lay terms call 'the jitters'? Take your time. You can't can you Marc?

So, having no effective policy to deal with such suspicion, no practice of having employees tested so they might be cleared of your heavy-handed suspicions and simply go about the job and provide for their families, your company suspended my client and put out the word that he was drinking on the job, causing him further psychological complications.

And, in the tradition of Mae West, knowing what you now know about personal liability, let me ask you Marc....Is that your wallet in your pocket, or are you just happy to see me? x:-)

marc

Counselor, let me take your concerns in order - ouch, ooch, ouch!

As to the knowledge other staff had, he was written up earlier for excessive absenteeism and came back with an excuse that he shared with his supervisor and her boss. The excuse came from his doctor describing the changed meds and mood swings. He volumtarily chose to share that info with them.

As to the leap from the smell test to suspension - I share your concern and that fat wallet in my back pocket is filled with pizza coupons, which if I lost to a judgement of the court, would significantly impair my net worth and my retirement plans.

I do have some rudimentary training with respect to the side effects of some of the medications, but that training just prepares someone to make the call for testing, not to leap to the suspension or termination. This is a point I was finally able to make when we talked about the next steps in the event of this situation repeating itself.

Now I am diligently cleaning up a drafted policy and calling local testing agencies for pricing and timing quotes. I've wanted to get this policy beefed up for a while now - time to strike while the metal is hot.