Real-World Scenario: When an On-Call Employee Shows Up Under the Influence

One of the key goals of a Drug-Free Workplace Program is to protect employees, maintain a safe work environment, and provide support when someone needs help. The following real-world scenario demonstrates how a company can respond appropriately while balancing accountability with compassion.

*NAMES HAVE BEEN CHANGED FOR PRIVACY

The Situation

Fred*, an 18-year Maintenance Technician, was part of his company's rotating on-call schedule. One evening, he received a call to respond to an emergency equipment failure that had brought production to a halt. When Fred arrived, his supervisor immediately noticed several concerning behaviors. Fred had bloodshot eyes, slurred speech, appeared unsteady on his feet, and there was a noticeable odor of alcohol on his breath. During a brief conversation, he struggled to answer routine questions and had difficulty locating the tools he needed for the repair. Because Fred's job involved working around energized equipment and moving machinery, his supervisor knew allowing him to begin work could place both Fred and his coworkers at serious risk.

Rather than allowing Fred to start work, the supervisor followed company policy. Fred was escorted to a private office, where the Program Administrator independently observed and documented the behaviors they witnessed. Their observations focused only on objective facts rather than opinions or assumptions. After reviewing the documented observations together, calling and discussing this situation with their Working Partners® experts they determined there was reasonable suspicion that Fred may have been under the influence. The company's Drug-Free Workplace Program Administrator then ordered Reasonable Suspicion Drug and Alcohol Test. Following company policy, Fred was informed that he would not be permitted to work and would be transported to the company's designated testing facility. For everyone's safety, he was not allowed to drive himself and remained off the job without pay until his test results returned.

A few days later, the Medical Review Officer verified the laboratory results. The alcohol test was positive and confirmed that Fred had violated the company's Drug-Free Workplace Policy. There was no legitimate medical explanation for the result. The Program Administrator met with Fred and Human Resources to discuss the findings. Fred admitted he had consumed alcohol before being called in, believing enough time had passed before reporting to work. He accepted responsibility for his actions and acknowledged his poor judgment.

Although a confirmed positive reasonable suspicion drug test constitutes a serious violation of the company's Drug-Free Workplace (DFWP) policy, the policy also provides that employees may be considered for a Second Chance Agreement under appropriate circumstances. In Fred's case, the company considered his exceptional employment history. Over nearly two decades of service, Fred had established himself as a dependable employee with excellent attendance, a strong safety record, and no prior Drug-Free Workplace policy violations. In recognition of his long-term dedication and his willingness to accept responsibility for his actions, the company elected to offer him an opportunity to participate in its Employee Assistance process rather than terminate his employment immediately. Fred voluntarily entered into and signed an Assistance Agreement that outlined the requirements for returning to work. These conditions included completing a professional substance use assessment, complying with all recommended treatment, successfully passing a Return-to-Duty drug and alcohol test, and participating in any required follow-up drug and alcohol testing.

The Program Administrator quickly arranged an appointment with a qualified Chemical Dependency Professional (CDP), who completed a comprehensive assessment. Based on the evaluation, Fred participated in an outpatient treatment program that included counseling and education focused on substance misuse and workplace safety. Fred attended all required sessions, successfully completed treatment, and received documentation from the Chemical Dependency Professional confirming he was ready to return to work. Before returning to his maintenance position, Fred completed a Return-to-Duty Drug and Alcohol Test. The test results were negative and Fred met all requirements to safely return to work. After reviewing workplace expectations and the terms of his Assistance Agreement with the Program Administrator and his supervisor, Fred returned to his position with a renewed commitment to maintaining a drug-free workplace. He acknowledged that, in accordance with the Drug-Free Workplace Policy and the recommendations of the Chemical Dependency Professional, he will be subject to six unannounced, random drug and alcohol tests over the following 12 months.

This scenario highlights how an effective Drug-Free Workplace Program protects employees while offering support to those willing to seek help.

✔ Safety always comes first.

✔ Supervisors rely on objective observations—not assumptions.

✔ Reasonable suspicion testing follows established company procedures.

✔ Long-term employees may be offered rehabilitation opportunities when appropriate and consistent with company policy.

✔ Assistance Agreements create clear expectations for recovery and continued employment.

✔ Professional assessment and treatment help employees address substance use concerns.

✔ Employees must successfully complete treatment, produce a negative Return-to-Duty test before returning to safety-sensitive work and complete any follow up testing that is required.

The difference between simply having a policy and having a comprehensive one is knowing exactly what steps to take when an issue arises. Fortunately, as a member of the Working Partners® Consortium Membership Program, the company had immediate access to experienced experts who guided them through the situation with confidence and clarity.