How to Spot Impairment in the Workplace

It is not always as easy as you would think to spot impairment in the workplace. Many employers simply don’t have (or haven’t been given) adequate tools for dealing with suspected cases of on-the-job impairment. Or, in the worst-case scenario, employers simply ignore it altogether, turning a blind eye to the issue. But with the right training and sound policy, impairment in the workplace can be spotted, managed, and successfully eliminated.

WHO POSES A RISK?

From the accounting department to those working with heavy equipment, the truth is this: An impaired worker poses a risk to your company’s interests. Period. Not only are they less productive, but mistakes can also lead to fiscal errors, deterioration of customer relations, and, in the most severe cases, injury or even death. If an impaired employee is responsible for causing a serious accident in the workplace that results in injury or loss of life, the results are twofold; in addition to the harm caused, under Bill C-45, it can result in catastrophic legal consequences for managers and supervisors.

REASONABLE SUSPICION

I have worked as a consultant for over 20 years, lending my expertise to companies in the forestry, transportation, and resource extraction sectors, among others. During this time, I have discovered that many managers and supervisors are intimidated by the prospect of intervening with an employee who is suspected of being impaired. More than anything else, most of these people are apprehensive because the company has failed to establish solid guidelines as to what constitutes reasonable suspicion.

HOW DO YOU ESTABLISH REASONABLENESS?

If a supervisor or HR Manager has reasonable suspicion, the process of determining whether or not an employee is impaired should be no more difficult than any other type of investigation or disciplinary process and the drug and alcohol test will determine this. But, how do you establish reasonable cause?

Over the years, I have developed a system called SOBA. Among other things, it includes a catalogue of potential warning signs. Covered extensively in my training sessions, SOBA refers to Speech, Odour, Behaviour, and Appearance. During an investigation, the employee’s SOBA can be assessed and, if in contrast to their normal state, all the more powerful. This may require further investigation, including drug and alcohol testing, but medical conditions such as head injury or diabetes must first be ruled out.

SIGNS OF IMPAIRMENT

Depending on the type of substance used, some factors are far more obvious than others. If, for example, you detect what you believe to be the odour of alcohol, this can be confirmed by way of an Evidential Breath Testing unit (a Breathalyzer®) which is capable of determining impairment based on legally accepted principles and specific cut off levels. On the other hand, if an employee is exhibiting suspicious behaviour such as slurring their words or behaving in an erratic manner, they must be removed from the job site first before any further investigation can be carried out.

A WELL WRITTEN POLICY IS YOUR BEST DEFENSE

The key to success when dealing with impairment in the workplace is to have a sound, legally defensible AND up-to-date policy, as well as a well-trained supervisory staff to implement it. While drug and alcohol testing can help to solidify investigations and uncover potential threats, a well-written, legally compliant policy is, without question, your first and most important line of defense.

Keeping your workplace and employees safe is your legal duty, but it also makes sense for the bottom line. If you would like to talk about safety or to find out more about our consulting practice, contact us for a consultation today.

Goal: Frame workplace impairment as a critical corporate compliance and legal risk—referencing Canadian Criminal Code standards (Bill C-45)—to urge HR managers and supervisors to establish clear "reasonable suspicion" training and intervention protocols.

Result: Shifted the conversation around on-the-job impairment from passive hesitation to proactive risk management, empowering leadership with clear, objective guidelines to intervene safely, protect employees, and mitigate severe legal liability.

About:

Established in 1989, Denning Health Group is a workplace safety consulting firm. Working within industries such as transportation, mining, aviation, and forestry, DHG consults and educates upper management on legal culpability, introducing accurate safety standards, and staying up-to-date on changing regulations, as well as designing sound, enforceable policies.

*Please note this is a Canadian firm. As such, I used British/Canadian English.