Should I report my suspicions?

[MaryRoze]

I'll preface this by saying I don't like this guy- he's a lazy bastard. I'm trying not to let this cloud my judgement though.

We have a contractor who I suspect is coming to work under the influence. He's frequently late, sometimes looks absolutely terrible, disappears multiple times during the day. I brought this up with his boss and he agreed to give him his notice to leave. So, he's leaving end of September/beginning of October anyway.

During the course of this conversation with his boss, he made just an off-handed comment "I think he's a drinker".

I didn't think anything of it until I heard him wretching/throwing up in the bathroom on Friday. Now I'm adding 2 + 2 and coming up with 5.

We've got a zero tolerance drug and alcohol policy, and this contractor is going to be responsible for a huge high risk operation in a few days time. If something goes wrong / he hasn't planned it properly due to being under the influence, this could end in fatalities.

What do I do?

YABU - he's leaving anyway. double check his plan for the high risk activity and let him get on with it.

YANBU - this is too dangerous to ignore. report.

Based on this thread, you need to reflect on whether you are an appropriate person to oversee it. You have a very strong suspicion that this person could represent a serious risk to human safety and yet you're umming and ahing as to whether you should do anything about it? I don't think you're fit for the task, sorry.

No matter what your role or level of responsibility, human safety should take priority over everything else. Not because of laws, regulations or EHS sanctions but because of basic ethics. If you don't report your suspicions and somebody is injured or killed you will have to live with that on your conscience. I think you know damn fine what the right thing to do is, so do it.

We've got a zero tolerance drug and alcohol policy, and this contractor is going to be responsible for a huge high risk operation in a few days time. If something goes wrong / he hasn't planned it properly due to being under the influence, this could end in fatalities.

Enforce your policy 🤷‍♀️ Do you do testing?

You could also send reminders to all employees that there is a non drug, non alcohol policy in place and that the business intends have a period of drug and alcohol testing over the next few weeks.

That is fair to all and gives those who might think of drinking before, or during, the risky operation good reason not to.

Why doesn't the business routinely carry out random testing?

@MaryRoze if you genuinely think there’s a risk of fatalities if this project fails then I cannot understand why you are asking on an anonymous internet forum if you should report your concerns.

Is this even for real?

You report. The company investigates. They base their actions on findings. The end.

Can’t see what the hand wringing is about!

👆

I'm hand wringing because I'm basing this on a casual comment of "I think he's a drinker" and the fact that he was ill one time. I might be wrong and it might be a medical condition.

I have already mitigated the high risk activity by taking over the responsibility.

The question was where do I go from here?

Just wanted to add whilst I was reading through - have you actually spoken to him? When you heard him being sick did you ask if he was ok?
You've only had one person's "opinion" that they THINK he's a drinker so whilst I agree you need to be super cautious because of the project and responsibilities etc I think you need to choose your language wisely when reporting too - assuming they're a drinker could be a massive issue if it turns out they're actually not and have some serious medical issues going on.
Good luck and whatever this person's issue is I really hope they're ok too

its ok to say. this person may need help so by reporting their conduct you may help them to recovery if that is the thing. Also if they are not value for money......

OP do a just cause a&d test. If something happens he will play the ‘they knew I was under the influence and never challenged me’.
someone I know had an accident after a heavy session the night before and was still under the influence, their boss commented that they looked smashed, the IP ended up injuring themselves and getting £1.5 million in compensation. Definitely report before something bad could happen

We've got a zero tolerance drug and alcohol policy, and this contractor is going to be responsible for a huge high risk operation in a few days time.

So how is this managed @MaryRoze - does your company have random drug & alcohol screening & if it does then he will come under 'for cause' screening.

Thank you. No, I had to leave the office to visit a supplier so I didn't see him for the rest of the day.

You're right, this is where I need to proceed with caution because I might be barking completely up the wrong tree here.

We've got a zero tolerance drug and alcohol policy,

A lot of firms have. Right up to the point where you say "who does your testing" and they go "Do what ?". The you realised it just looked good in the handbook (probably borrowed from another company).

If other people's safety is at risk then definitely report. If he's a 'drinker' his boss already knows, I guarantee it. I used to work in a pub many many years ago, and loads of contractors used to come in early afternoon and drink high levels of alcohol, they were the 'locals'. One, I remember, said he drank a bottle of vodka a day and he worked on roofs, and if I remember rightly, he drank first thing in the morning at home. Another roofer was also an alcoholic. There was a whole group of them, some with more dangerous jobs than others.

You know what to do OP.
Sack him off. get the agency who provides your labour to get cover for him if he's an integral part of the project.
But he needs to be removed.

Yes, our policy states zero tolerance and that we will have regular testing. The policy came out in 2015 and we haven't had a single visit for testing yet. Bit farcical, really.

I've seen a few people are telling you that you might be barking up the wrong tree here.

Do you trust him to do his job properly?

If he's got form for disappearing then can you rely on him to be there to oversee this high risk activity?

If you think he's lazy, will he cut corners with your health and safety protocols?

Do you think he's under the influence? This isn't an is he a drinker question. Do you reasonably think that he is under the influence of anything when he comes to work?

If so, he doesn't work. He's a danger to himself and others.

You say you're supervising, are you supervising him? If so, legally you're in hot water should something go wrong and someone gets hurt.
I wouldn't be risking prison for being not certain.
This will also not be career ending for him, he will just move on to something else via an agency.

Trust your gut.

If you hear someone retching in the bathroom then, if you’re the supervisor, it’s reasonable to ask if they are well enough to be at work, both for their well being and their colleagues if they have a bug that that is being spread around a communal bathroom. I see you’re going to trigger a for cause d&a test but please make sure you’ve ticked off the basics and documented that you’ve asked the first line questions as well.

Btw I’m not suggesting you don’t do the d&a test / take him off the job. The potential liability not to mention ethical issues here are massive as you’re on notice that something is amiss.

You didn't need to tell me that. I knew 😀

Drinker or not… he’s not well and you’ve got concerns.

Report to his company. It’s for them to carry out the appropriate risk assessments.

If all is well, then no harm done. But much potential harm done, if all is not well and you don’t report.

Trust your instincts.

Do you trust him to do his job properly?
Yes, he is perfectly capable and qualified to do the job.

If he's got form for disappearing then can you rely on him to be there to oversee this high risk activity?
He has form for leaving site without telling anyone, so no.

If you think he's lazy, will he cut corners with your health and safety protocols?
Yes, he is prone to cutting corners.

Do you think he's under the influence?
No. Prior to the comment from his boss, I had no reason to think he might be under the influence.

I'll be overseeing the task directly, not supervising him.

Thank you. I'll go with my first instinct.

@MaryRoze

I think if you are responsible for the health and safety of others, and the job is safety critical - can he be redeployed for the day it happens? Is there a health and safety policy? Does he have a work contract? I think also go back to the person who stated ‘he is a drinker’ and ask why they said this?

I’m wondering if you could inform the team that as the job is so safety critical, you’d like to test on the day of the task. Testing kits are easy to get hold of…
https://www.ukdrugtesting.co.uk/pages/alcohol-testing-at-work#:~:text=Alcohol%20testing%20is%20especially%20important%20in%20safety%2Dcritical%20employment%20roles.&text=The%200.02%25%20level%20is%20set,from%20passive%20ingestion%20or%20fermentation.

He will be stood down on the day of the task. That's a non-negotiable!

This guy shouldn’t be working his notice. It’s just stinginess to keep someone in who’s proven themselves unreliable and unsuitable for whatever reason, with some
misplaced notion of money’s worth.