Suspicion

jeanj

We have an ee who we think might be drinking on his lunch hour and occasionally we think we smell liquor on him first thing in the morning. My question is can we require him to take a breathalizer (?) test? What can we do? It is only suspicion, he hasn't come in staggering or using slurred language, it's mostly aromas!
Any help is welcome

Crout

Do you have a drug policy in place and does it spell out the conditions under which you will test? If no, that's the first step.

LarryC

At our company, the smell of alcohol is reason enough to escort the employee to the clinic for a breath alcohol test.

pork1

SUSPICION, that is out right fact, you either smell alcohol or body odor or you don't. Some of us who consum alcohol for pleasure or other reasons, while off of work have a tendency to keep the smell longer than others, but if you smell it as apart of my body aroma, under our policy and procedures, I can expect to be asked to provide a "breath of air for testing". If I refuse, I can be terminated and if it is positive with a .01 level then I can also be terminated. At anytime before the test, I have the right to ask for help and submit myself to company sponsored "help program" and job protection. Otherwise, life goes on and my body odor with the sweet smell of "100 proof Southern Comfort" continues to cause the "meddlin nannies" lots of concern for my well being.

FOLLOW YOUR COMPANY POLICY, THE EE EXPECTS IT.

Pork

LivindonSouth

Just out of curiosity PoRk, how does one provide a sample 'breath of air for testing'? Unless I misread your policy statement, I infer from it that if you confront an employee and are in the process of escorting him to the clinic, he can ask for amnesty and a 'help program'. I've never heard of a policy like that.

If we had someone here who smelled like Southern Comfort, we would indeed be meddling nannies and deal with it.

POPEYE

I am currently waiting on a call from the local testing facility for a verification of blood alcohol content of one of our EEs. In our written policy as long as two (2) individuals of supervisory rank or higher agree that there may be some degree of impairment or possible impairment, we test. We have a ZERO tolerance written policy.

Shadowfax

If you have a policy describing what 'reasonable belief' is (probable cause) and if that description enumerates one of the 'facts' of reasonable belief as the smell of intoxicants on one's breath, then you presumably have the right to test the ee. If you have no policy, or, the policy fails to list the 'odor' of intoxicants on one's breath, then I think you either need a policy, or a better description of what basis of belief gets you the right to test.

E Wart

Just follow your policy.
FYI, in my old life we had an employee who apparently did have a drinking problem (outside of work.) We kept getting complaints of odor smell (from employees and clients as well. No one ever saw him use it on the job nor did he have any impairments.) He continued to take tests and they were always totally negative.
I learned from this that those do "digest" the alcohol differently. If someone does drink a lot, when they prespire, it comes through their pores. Also if the person wears clothes that maybe alcohol was spilled on, you will continue to get alcohol smell until they ware well washed.
Just some thought... so don't think that anyone who smells of alcohol is currently using it. (Also,they may have a very cheap or bad or old cologne.)
E Wart

LivindonSouth

Or a spouse who refused to let them in the house and they had to come to work without brushing their teeth or changing shirts/blouses.