What to Do When an Employee Is Clearly Intoxicated at Work

An employee arrives at work or behaves during the workday in a way that suggests they are under the influence of alcohol or drugs.  This is an urgent situation that requires an immediate, calm, and documented response.  Here is exactly what to do.

Step 1: Remove the Employee From Their Work Area Immediately

Do not address the situation in front of other employees.  Ask the employee privately and calmly to come with you to a private space.  If the employee is in a safety-sensitive role (operating machinery, driving, handling equipment, etc.), remove them from that role immediately before any other steps.

Step 2: Assess and Document What You Observe

In the private meeting, note specifically what you observe: slurred speech, smell of alcohol, unsteady gait, incoherent responses, dilated pupils, or other specific observable indicators.  Document these observations with the specific time and who else was present.

Do not accuse the employee of being drunk or on drugs. Instead, describe what you observe.  'I notice that your speech is slurred and I can smell alcohol' is an observation.  'You are clearly drunk' is a conclusion that the employee will dispute.

Step 3: Do Not Let the Employee Drive

If you are sending the employee home, do not allow them to drive.  Offer to call a taxi, rideshare, or a personal contact to come pick them up.  This is both a legal liability issue and a basic safety obligation.  Document that you offered this option.

Step 4: Consider Drug Testing If Your Policy Allows

If your written policy in your employee handbook includes drug and alcohol testing for reasonable suspicion situations, this is the appropriate time to use it.  The test must be authorized by your policy before the situation arises. In other words, you cannot introduce a drug testing requirement in response to a specific incident without a written policy that has been acknowledged by the employee.

Step 5: Address It Formally

Coming to work under the influence is typically an immediate termination offense in most written workplace policies and handbooks.  If your policy defines it as such, the disciplinary decision is straightforward: document what was observed, follow your termination process, and issue final pay per your state's requirements.

If your policy does not address substance use at work, this situation is the reason to create one.  An employee coming to work intoxicated is a safety, liability, and conduct issue that your policies need to address explicitly.

ADA Consideration

One major point to keep in mind is that alcoholism and drug addiction are recognized disabilities under the ADA.  However, the ADA does not protect an employee who is currently using drugs or who is intoxicated at work. It does protect employees who are in recovery.  You can hold an employee to the same conduct standards regardless of whether they have an addiction, as long as the standard is applied consistently, and as long as your policy allows.

Our employee handbook includes a substance use policy section defining expectations, prohibited conduct, and the consequences for violations, giving you the written foundation for this situation before it arises.

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