Editor's Note
Pain, Addiction, and Work
I've been in recovery from alcohol and drug use for about 28 years. In that time, I've learned that we seek relief from emotional pain in the exact same ways we seek relief from physical pain, that all kinds of pain require understanding and care, and that every day is bring-your-pain-to-work day.
Meanwhile, the opioid crisis is getting worse and a lot of us are struggling to find mental, emotional, and physical wellness. Few of us have all three at the same time.
The problem is not addiction. Addiction is a symptom, not a cause. But recovering from the real problems is complex, takes time, and is rarely any of an employer's business, literally or figuratively.
And yet, an employer helped save my life by offering me a choice between being fired for performance issues and a 28-day treatment program. I didn't stay sober immediately; it took some time before I could see past my pain and start making the changes I needed. But without my employer's intervention, I'm sure I would not be here.
When you have an employee suffering with addiction, there are approaches employers can take to help. There are also things employers need to know to comply with the ADA and state laws. Mostly, employers should know how to handle an overdose at work and to address and help employees dealing with chemical dependency.
Pain comes in many flavors and colors. We all experience it differently. If you can remember that you are not dealing with an addict, you are dealing with a human who is in pain, you may help save a life.
This post gives some perspective on the current opioid crisis and has a great list of suggestions on policies, programs, and benefits that can make a difference for your employees and organization.
- Heather Bussing
Executive Summary: Addiction issues, especially the ongoing opioid epidemic, can significantly impact the workplace, and employers should ensure they have policies and procedures in place to address the potential impact of these issues.
The opioid epidemic has been ongoing for roughly two decades. Unfortunately, it appears that the number of Americans dying from drug overdoses, and in particular, opioid overdoses, is still increasing across time. The numbers are, at best, sobering. In 1999, the total number of recorded drug overdose deaths (all drugs) in the U.S. was less than 18,000. Since then, the death totals have consistently increased to the point they are now more than five-fold the 1999 total. In 2021, the Centers for Disease Control and Prevention’s (CDC’s) predicted number of drug overdose deaths (all drugs) was 109,179 with roughly 82,000+ of those deaths attributed to opioids – primarily synthetic opioids like Fentanyl. For 2022, the CDC predicts the number of drug overdose deaths will increase to 109,680, again with roughly 82,000+ deaths being attributed to opioids, and with synthetic opioids being the primary driving force behind the vast majority of these deaths.
As if these numbers were not bad enough, they don’t contemplate those who die indirectly from opioid abuse – for example, from HIV, Hepatitis C, and other medical issues caused or exacerbated by opioid abuse. Likewise, they do not account for the mental, emotional, and financial damage such addiction scenarios and deaths inflict on family members, friends, co-workers, workforces, and communities. Point being, this is an epidemic of incredible proportions which will not be resolved at any point in the foreseeable future.
For employers of any variety, it is hard enough in the current economy to recruit and retain talent that will come to work on time, perform their job duties as requested, and behave in an acceptable manner. Layering on the complexity of the opioid addiction crisis (not to mention the number of Americans grappling with alcohol addiction issues), simply makes this challenge that much more difficult and complicated. The question is not whether as an employer you will deal with a scenario in which an employee (or an employee’s immediate family member) has an addiction issue that creates life-altering problems for the employee, as well as operational readiness and/or legal liability issues for your company, but instead when you will encounter it.
How to navigate this issue is the subject of a much longer discussion. However, the following is a starter list of issues for consideration to help you prepare now and be better positioned to legally and effectively navigate an addiction scenario when it arises.
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Do you utilize drug-testing at the pre-employment stage and during the course of employment?
- If yes, is your program effective?
- Are your drug-testing policies up to date and legally compliant in the states in which you operate?
- Are your drug-testing vendors utilizing the most effective drug-testing protocols?
- Are your behavioral expectations and related policies that discuss intoxication in the workplace up to date and legally complaint?
- Are your employees properly trained on such expectations and policies?
- Are your supervisors and managers trained on what to look for in terms of intoxication in the workplace?
- Are your supervisors and managers trained on how to respond if they believe an employee is intoxicated at work?
- Do you have a plan of action in place, so as to effectively respond to an overdose event in your workplace?
- Are your local first responders familiar with your facilities, such that they can timely respond to an overdose scenario?
- Do you have an effective Employee Assistance Program (EAP) that will help you and an employee who needs to go to rehab effectively navigate that process?
- Are you familiar with the applicable Family and Medical Leave Act (FMLA) regulations dealing with leave for an addiction rehabilitation stay?
- Are you familiar with the applicable Americans with Disability Act (ADA) provisions dealing with addiction issues?
- Are you aware of the significant overlap between addiction and unresolved, underlying mental health issues?
- Do you have a relationship with a mental health provider who can assist you in understanding how to identify and work with employees suffering from mental health issues that impair their ability to appropriately execute the essential functions of their job?
- Do you have an established plan of action for potentially returning an employee to work after he or she successfully completes a rehab program?
