Why Employers Tolerate Drug Use Among Employees

There are several reasons why employers might choose to retain a drug-using employee rather than firing them. These include legal concerns, the employee's overall performance, and the discretion of the drug use.

Legal Concerns and Accommodation

One significant concern for employers is the potential for legal implications if they terminate an employee who claims that their drug use is due to a disability that should have been accommodated. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations for employees with disabilities unless doing so would cause undue hardship.

Employers might worry that terminating such an employee could lead to costly lawsuits, making it more profitable and strategic to handle the situation internally if possible. This is especially true when the employee is performing their job duties without causing any noticeable issues or complaints.

The Role of Performance and Discretion

Another reason is that many employers are willing to overlook drug use if the employee is performing their job to a high standard and does not cause any disruptions. For instance, in the construction industry, where drug use might be more common, certain employees might sell drugs to other workers, but as long as it remains discreet and the work is of high quality, the employer might choose to turn a blind eye.

A prime example of this is a case where a worker in a previous construction job was selling small amounts of drugs. Despite this known issue, the worker continued to perform their work well and received no complaints. Management chose not to intervene as long as the drug use did not directly impact their job performance.

Government Contracts and Drug Testing

Government contracts often require rigorous drug testing to ensure that contractors meet certain standards. However, some companies find ways to avoid testing certain employees by using known compliant crews for contract work. For instance, a company I worked for received a contract with a drug testing requirement and specifically used crews who were known to test clean. Other employees, though, might still be a part of the company but not on government contracts.

Even in situations where employees are not directly subject to drug testing, the policy often revolves around maintaining workplace productivity and reputation. A story about an installer who used crack cocaine but still performed his job well until a rogue employee complained, shows how quickly such attitudes can change. The incident highlighted the stress such ulterior motives can put on the other workers and the company as a whole.

Staffing in the Construction Industry

The construction industry typically operates with a 4-man crew structure, including a lead installer, a regular installer, and two helpers. This structure allows for knowledge transfer and succession planning, ensuring that experienced workers can train the less experienced, creating a robust and highly functional team.

The lead installer is the most experienced, followed by the regular installer and then the helpers. This arrangement allows for a smooth transition when experienced workers move on. The helpers, being newer or younger, learn from the installers, and as they gain experience, one of them may be appointed as a regular installer, while the others could move up to the lead installer role.

Overall, while drug use is a serious issue, many employers are more concerned with performance and discretion than with immediately terminating employees who engage in such behavior. This nuanced approach can vary significantly depending on the industry and the specific company's policies and culture.