As laws and attitudes around cannabis, prescription medications and substance use continue to change, workplaces are having more conversations about what it means to be safe, supported and fit for duty. One important reminder is that something can be legal and still create concerns in the workplace. This is especially true when substance use, medication side effects, fatigue or emotional distress may affect alertness, judgment, reaction time, communication or the ability to perform safety-sensitive work.

Cannabis is one example. In New York State, adult-use cannabis is legal for individuals age 21 and older. However, legalization does not mean employees can be impaired while working. Employers may still have policies that prohibit impairment during work hours, possession or use on company property and working in a way that creates safety concerns. The same concept can apply to alcohol, prescription medications, over-the-counter medications, and other substances. A medication may be legally prescribed and necessary for someone’s health, but it may still cause drowsiness, dizziness, slowed reaction time, confusion or other side effects that could impact work tasks.

This becomes especially important in safety-sensitive positions. Employees who drive, operate equipment, provide direct care, supervise vulnerable populations, respond to emergencies, handle hazardous materials, or perform tasks where alertness is critical, may need to be especially mindful of anything that could affect their functioning. In these roles, impairment is not only a personal issue, it can affect coworkers, clients, customers and the broader workplace environment.

Policies exist to help create clarity. A good workplace policy should explain expectations around substance use, impairment, reporting concerns, safety-sensitive duties and available resources. Employees should know that being at work means being able to perform work safely and effectively. At the same time, policies should be paired with compassion. People may struggle with substance use, medication changes, grief, stress, burnout, anxiety, trauma, or other life circumstances that affect how they show up. A supportive workplace does not ignore safety, but it also does not shame people for needing help.

It can be difficult to know when someone may be struggling. Some possible signs may include noticeable changes in mood, behavior, appearance, attendance, communication, work performance, focus, coordination or reliability. A coworker may seem unusually withdrawn, irritable, emotional, forgetful, confused, tired, or unlike themselves. These signs do not automatically mean someone is using substances or impaired. They may also be connected to medical issues, mental health concerns, lack of sleep, grief, stress, or another personal challenge. The goal is not to diagnose or accuse. The goal is to notice changes and respond with care and appropriate support.

If you are concerned about a coworker, start with what you have observed rather than making assumptions. Keep the conversation private, respectful and focused on care.

Here are a few quick scripts for employee-to-employee conversations.

  • “I noticed you seem a little off today, and I wanted to check in. Are you okay?”
  • “You do not have to share anything you are not comfortable sharing, but I wanted you to know I care and I’m concerned.”
  • “I’ve noticed you seem more stressed lately. Is there anything you need or anyone you feel comfortable reaching out to?”
  • “I’m not here to judge you. I just want to make sure you are safe and supported.”
  • “Would it help to take a break, call someone, or connect with a supervisor or EAP resource?”

If there is an immediate safety concern, such as someone appearing unable to drive, operate equipment, care for others safely, or complete safety-sensitive duties, it is important to follow workplace policy and notify the appropriate supervisor, manager, or safety contact. Care and confidentiality matter, but safety cannot be ignored.

For employees who are personally struggling, support is available. You do not have to wait until things become unmanageable to ask for help. Speaking with a counselor, contacting Capital EAP, reaching out to a medical provider, or connecting with substance use support can be an important first step. In New York State, individuals can contact the NYS OASAS HOPEline at 1-877-8-HOPENY or text HOPENY to 467369 for confidential support related to substance use, problem gambling, and treatment referrals. You can also search for treatment providers through the NYS OASAS Provider Directory: https://webapps.oasas.ny.gov/providerDirectory/

In the Capital Region, additional resources may include local counseling providers, primary care offices, urgent mental health supports, peer recovery programs, and community-based substance use treatment services. If you are unsure where to begin, you can ask for help by contacting Capital EAP. Our intake team can help you identify the most appropriate next step. You can reach us at 518.465.3813.

The conversation around legal substances, prescription medications, impairment and workplace safety does not have to be fear-based. It can be grounded in responsibility, compassion and prevention. The goal is not to punish people for struggling. The goal is to help employees remember that being at work comes with responsibilities to themselves, their coworkers and the people they serve. When workplaces combine clear expectations with supportive resources, employees are more likely to seek help early, stay safe and feel less alone.

Written By: Denelle Abel, LMHC, EAP Clinical Supervisor