Situation: A company is in the skilled trades. When there is an injury at work, Workers Compensation does not cover the employee if they were using drugs or alcohol at the time of the injury. Should you conduct random drug tests at work? How do you make employees aware of company policy on random drug tests?
Advice from the CEOs:
Laws governing Workers Compensation vary by state. Be sure to get the latest update on regulations from your State.
The best policy is preventative. Always test for drugs and alcohol prior to hiring. Let potential employees know that this testing is a requirement of employment, and that a positive test disqualifies the candidate. A candidate has the option to disqualify him or herself rather than be tested.
The use of medical marijuana with a doctor’s prescription does not preclude a candidate or employee from failing a drug test. State laws regarding medical marijuana are evolving, so monitor state regulations.
In your employee policy, specify that you can test for drug use at any time, at your discretion. Additionally, state that you have the option to perform a drug test in case of an injury. If there is an injury on the job, have the treating physician perform a drug test on the injured employee.
Assure that you are consistent in treatment of employees and in how you apply your policy.
There should always be a reason for a drug test – tie it to employee safety.
As you institute a new policy, let all employees know about the policy. Prominently post the policy at your place of work, and remind employees about the policy at appropriate company or employee meetings.
Situation: A company has a long-term employee who recently joined a new church. Based upon the guidance this individual is receiving from their new minister, they have begun to evangelize at work, upsetting both co-workers and clients. Both employees and clients have spoken to the CEO with a request that this behavior be stopped. How do you respond to preaching at work in a compassionate, legal and appropriate manner?
Advice from the CEOs:
You need formal guidelines that are not discriminatory and do not impinge on freedom of speech. Augment the employee handbook – with appropriate legal advice – to specify what is and is not appropriate in communicating strongly held beliefs at work. Use neutral language, addressing political, religious and other strongly-held beliefs. Specify a line that divides appropriate from inappropriate communication. Communicate these guidelines to employees and manage to them.
Conduct internal discussions and training as necessary to communicate to all employees what is and is not appropriate expression of strongly-held beliefs. Emphasize the need to respect the beliefs of all employees. Clearly spell out the line that divides appropriate from inappropriate expression of beliefs.
As situations arise, be aware of the impact that they are having on the team. Address individual situations one-on-one, referring back to the employee handbook and training and discussions that occurred in employee group meetings.
Be particularly careful if you feel it necessary to terminate an employee for repeated violations of company policy in this area. See legal advice to avoid wrongful termination suits.
Situation: A consulting company has an employee who is a perfectionist. They can bill clients for standard work to complete a project to client specifications; however, this employee wants to continue working unbillable time to perfect the work and considers this to be of research benefit to the company. The CEO wants to impress the individual that the company is a business, not a research organization, without discouraging the employee’s enthusiasm for the work. How have you handled perfectionists within your own organization?
Advice from the CEOs:
If the employee possesses skills which are important to the company’s strategic direction it makes sense to work with the individual. One option is to focus this employee on future development rather than current projects.
An increasing number of companies allow employees in development positions 10% to 20% of their time to pursue pure research. Both product and software companies leverage employee enthusiasm to build their products or services. At the same time, they create guidelines to assure that the remaining 80% to 90% of these individuals’ time is devoted to current business.
Why not allow the employee one day per week to focus on research, but limit the focus on pure research to this one day – as well as any evenings and weekends that they want to devote to this on their own time? This way the individual is encouraged to pursue their ambitions, but within a framework that clearly states that we want 80% of your work week to be devoted to billable work.