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If you see someone actively using drugs or alcohol while on the job, you should report it to HR immediately. Reporting a coworker for suspected alcoholism out of concern and without malicious intent is alright, but you still may be accused of libel.
How do you prove an employee is drinking on the job?
The only way to be certain that a worker is drunk is to have the worker take a blood alcohol test, a breathalyzer or some similar test, Shea said. An employer should not request or require an alcohol test unless there is "reasonable cause," Shea said.
Can an employer ask if you drink?
An employer can ask an applicant about drinking habits so long as the questions do not request information about alcoholism, a protected ADA disability. For example, an employer can ask if the applicant drinks alcohol, or whether the applicant has ever been arrested for driving under the influence.
Can you ask an employee if they are an alcoholic?
During the hiring process, an employer may ask a candidate if he consumes alcohol, but may not ask about addiction or about the quantity of alcohol the prospective employee routinely consumes. Once the company makes a job offer, however, it may require a medical exam, which may include testing for substance abuse.
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