Workers in some of our most dangerous industries here in Indiana and Illinois face additional risks of catastrophic bodily injuries or death in a work accident caused by a fellow worker on the job who is impaired by alcohol or drugs. When these tragedies happen, employers and their insurance carriers will be quick to point the finger of liability at the impaired worker who took the drugs or drank the alcoholic beverage.
The reality is that the employer as well as others with possession, custody, or control of aspects of the jobsite may have breached legal duties of care and safety in these situations. Investigations by law enforcement, safety agencies, and advocates for the worker-victims may reveal they have a legal responsibility for damages suffered by the worker-victims and their loved ones in an impaired worker accident.
Employee Use of Alcohol and Drugs at Work
There are all sorts of ways a worker can become impaired while on the job. Alcohol (beer, wine, hard liquor) can severely limit the worker’s ability to perform their tasks and increase their likelihood of causing an accident where any number of people can be harmed.
Illegal drugs are widely used on many industrial worksites. These can include cocaine and various opioids. Among various industries, construction workers are the most likely to take cocaine while on the job. See, Ompad, Danielle C., et al. “Construction trade and extraction workers: A population at high risk for drug use in the United States, 2005–2014.” Drug and alcohol dependence 205 (2019): 107640.
Marijuana is also popular among many workers, and is easily accessed today in Illinois where it has been legalized for recreational use. It remains illegal for both recreational and medical use in Indiana. See, Recreational Marijuana is Legal in Illinois: The Rising Danger of a Drugged Driving Crash.
- Read, “The number of U.S. workers testing positive for marijuana hits a 25-year high,” written by Chris Morris and published by Fortune on May 18, 2023.
There are also prescription drugs, which the worker has every right to use as directed by their physician but which may nevertheless cause impairment. Over-the-counter drugs are also notorious for impairing the user. Common examples here are the flu and cold medications; cough medicines; and allergy relief products, sold under the brand names like Nyquil; Robitussin; and Benadryl. For more, read FDA Warns of Over-the-Counter (“OTC”) Medications and Drugged Driving Accidents.
Employers may be concerned about employee alcohol and drug use because it impacts the bottom line with lowered job productivity. However, from the perspective of safety agencies and advocates for workers and their family members, the greatest risk here is the increased risk of a serious or fatal work accident resulting from an impaired employee on the job.
1. Alcohol
According to the Occupational Safety and Health Administration (“OSHA”), most impaired workers are compromised by alcohol use. Read, “Alcohol Is Still the Number One Threat to Workplace Safety,” written by Bill Current published by OHS Online on October 3, 2022. Of particular concern are this article’s cited research findings where impairment was often caused by the “simultaneous use” of marijuana and alcohol.
2. Drugs
OSHA has also reported on the likelihood of workplace injury when drugs are used by workers, “particularly in the areas of transportation, manufacturing, and heavy equipment operation.” Read, “Drugs and Workplace Safety,” written by James A. Greer and published by OHS Online on June 1, 2019.
Here, OSHA warns that “…employees who suffer from drug or alcohol dependency are nearly three times more likely to either cause or personally experience an injury-related absence from work.”
Marijuana
While many consider marijuana to be less dangerous than opioids like fentanyl or heroin, there are research studies that confirm marijuana use on the job can cause serious or deadly accidents. Read, “Cannabis and Safety: It’s Complicated,” published by the National Safety Council.
Illinois’ internationally-renowned safety organization reports that:
Cannabis, like alcohol and prescription opioids, can impact judgment, reflexes and cognitive dexterity, increasing the risk of injury both behind the wheel and in the workplace. The effects of cannabis can vary greatly and may happen quickly or slowly, depending on how it was consumed and an individual’s body composition. It is difficult to determine how long impairment will last because THC, the psychoactive ingredient in cannabis, is stored in body fat, unlike alcohol, which is stored in the blood.
States with legal recreational or medicinal cannabis are reporting an increase in fatal motor vehicle crashes involving THC. This underscores the importance of educating drivers about cannabis impairment and advocating for more research.
Employer’s Duty of Care to Protect Against Impaired Workers
Duties of care and safety for employers in Illinois and Indiana will depend upon the specific workplace, the complexities of that industry, and whether state or federal law applies. For instance, maritime workers and railroaders in our part of the country will be protected by federal laws specific to their worksites. See, e.g., the online discussion of Drugs and Alcohol provided by the Federal Railroad Administration.
- Also read, The Jones Act vs. the Longshoreman and Harbor Workers’ Compensation Act for Maritime Workers and Railroaders: Railroad Accidents on the Job in Illinois and Indiana.
Alcohol Impairment
As a general rule, there should be a standard workplace safety policy that no drinking of alcohol by workers is tolerated at the industrial worksite. Specific disciplinary procedures should be understood by all workers for anyone who is discovered to be using alcohol on the job. These should be severe, possibly including immediate termination if the impaired worker is placing fellow workers and others on the worksite at risk of severe or deadly harm.
Drug Impairment
Drug testing may be necessary in some industrial workplaces, with specific disciplinary procedures in place for any worker impaired by illegal drugs. This may be required in situations where the worker’s tasks create a significant risk of harm to that worker and others on the job site as well as anytime a supervisor or manager suspects a worker is impaired by illegal drugs. Read, Supervisors, Safety, and Work Accidents on the Job in Illinois and Indiana.
When workers are impaired by prescription drugs or over-the-counter medications, other steps may be necessary under state and federal employment law, such as anti-discrimination laws under the Americans with Disabilities Act. However, at no time can an employer allow a worker impaired by prescription drugs or over-the-counter medications, once the impairment is discovered, to continue on task at the job site. To do so places that worker and others at risk of harm and breaches the duty of safety and care.
For instance, a diligent forklift driver trying to work through a cold or despite a cough may be found impaired because of over-the-counter medications. This worker may need to be sent home to avoid a serious or deadly industrial truck accident. See, Forklift Accidents: Serious and Deadly Industrial Truck Injuries on the Job.
Claims for Justice After an Impaired Worker Accident in Illinois or Indiana
Whenever there is a serious or fatal accident on the job, inquiries need to be made to discover all the reasons the tragedy has occurred. If a worker was impaired while working on the job site, then that impairment may have caused that worker’s injuries and/or the harm to fellow workers and others on the site.
For worker victims and their loved ones, claims may be available under state or federal law against the employer who breached a duty of care and safety by failing to remove the impaired worker from the site before the incident. Other third parties may share legal liability as well, including contractors and others.
Each work accident caused by an impaired worker deserves an independent investigation to determine exactly what happened and the resulting avenues for justice available to worker-victims and their family members. Damages can include medical expenses; lost earning capacity; loss of consortium; and more.
Read:
- What is the Employer’s General Duty Clause?
- Who Can Be Held Liable for Construction Worker Accidents?
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- Loss of Consortium Damages in Illinois or Indiana Work Accidents
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life.
On many of our industrial worksites, workers are on the job while under the influence of drugs or alcohol. They are putting themselves and others at risk, and employers have a legal duty to protect against this harm. Sadly, more and more workers are being killed on the job in our part of the country. Please be careful out there!
