What’s Your Legal Duty When Sending An Impaired Employee Home? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

What’s Your Legal Duty When Sending An Impaired Employee Home?

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An employee shows up for work, and appears to be in no condition to work. But is the employee in any condition to drive him/herself home? You should have a policy in place for handling this type of situation.


An employer in New Hampshire had a policy that outlined the procedures to be followed when a manager suspected that an employee was impaired by drugs or alcohol. The policy stated, in part:


"The manager must escort the employee to the medical clinic. An impaired employee should never be allowed to drive, to protect the employee and others and to avoid being held liable for any accidents that occur. Security may need to be alerted to help control a belligerent employee."


The policy also stated that, after a positive alcohol or drug test result, "the employer should arrange transportation for the employee off of the premises. Under no circumstances should an employee be allowed to drive. Taxis or family ...(register to read more)

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