Drug and Alcohol - Manager Reference

Recognizing Signs of Impairment

You are not diagnosing a medical condition. You are observing and documenting behaviors that suggest an employee may be impaired and unable to safely perform their duties.

Observable Indicators

Physical signs:

• Bloodshot or glassy eyes
• Unsteady gait or poor coordination
• Slurred or unusually slow speech
• Smell of alcohol or marijuana on breath or clothing
• Tremors or excessive sweating unrelated to the work environment
• Unexplained drowsiness or difficulty staying awake

Behavioral signs:

• Erratic, aggressive, or unusually withdrawn behavior
• Difficulty following instructions or completing routine tasks
• Unusual mistakes during services (dropping tools, applying wrong product)
• Mood swings or emotional outbursts
• Confusion about the time, day, or their schedule

Work pattern signs:

• Frequent unexplained absences, especially on Mondays or after days off
• Repeated tardiness or leaving early
• Declining job performance without another explanation
• Frequent trips to the restroom or breaks outside

No single indicator confirms impairment. Look for a combination of indicators or a sudden change from the employee's normal behavior.

Reasonable Suspicion Documentation

If you observe indicators of impairment, document your observations before confronting the employee. This protects the salon and ensures the process is fair.

What to Record

• Date and time of your observations
• Specific behaviors observed - describe exactly what you saw, heard, or smelled ("employee's speech was noticeably slurred during a 2:15 PM client consultation" - not "employee seemed drunk")
• Duration - how long did you observe the behavior?
• Witness(es) - was anyone else present who observed the same behavior? Record their name(s)
• Employee's response - if you asked the employee if they were okay, what did they say?
• Your assessment - based on the totality of your observations, do you believe the employee may be impaired?
• Manager name and signature

Use objective, factual language. Avoid conclusions about what substance the employee may have used.

Confronting the Employee

Step-by-Step

1. Remove the employee from client services immediately. Do not wait for the current service to finish if safety is a concern - find coverage for the client.
2. Bring a witness - another manager or the salon owner. Never handle this alone.
3. Meet privately - away from clients and other employees.
4. State your observations factually: "I've observed [specific behaviors]. I'm concerned about your ability to safely perform your duties right now."
5. Ask the employee if there is an explanation. They may disclose a medical condition or medication - listen and document.
6. If impairment is still suspected, inform the employee that you are requiring a drug/alcohol test based on reasonable suspicion.
7. Do not accuse the employee of using a specific substance. Stick to what you observed.

What NOT to Do

• Do not ask the employee to "just go home and come back tomorrow" without documenting the incident
• Do not let the employee drive themselves home or to the testing facility
• Do not discuss the situation with other employees
• Do not delay - if you observe impairment, act the same day

Testing Logistics

Who Arranges Testing

The salon manager arranges the test. Have the name and address of the salon's contracted testing facility readily available.

Transportation

The employee must not drive themselves. The manager or a designated person drives the employee to the testing facility. If no one is available, call a rideshare and accompany the employee.

Who Pays

The salon pays for all costs related to employer-required testing (testing fees, transportation).

Timeline

• Testing should occur as soon as possible after the reasonable suspicion determination - ideally within two hours
• The employee is suspended with pay pending test results
• Results are typically available within 1–5 business days depending on the test type
• Upon receiving results, the manager and salon owner determine next steps

Test Refusals

Per salon policy, refusal to submit to a required test is treated as a positive result. If an employee refuses:

1. Clearly explain the consequence: "Refusing the test is treated the same as a positive result under our policy."
2. Give the employee one opportunity to reconsider
3. If they still refuse, document the refusal (date, time, exact words used)
4. Send the employee home - do not allow them to drive; arrange transportation
5. Proceed with disciplinary action as if the result were positive

Prescription and OTC Medication Disclosures

When an employee discloses medication that may cause impairment:

1. Thank them for disclosing - reinforce that this is the right thing to do
2. Ask whether they have documentation from their healthcare provider about the medication's effects
3. Assess whether their duties need temporary modification:
   • Can they perform services safely? (Consider sharp tools, chemicals, client proximity)
   • If not, assign non-client duties for the shift
4. Document the disclosure, any duty modifications, and the duration (e.g., "Employee disclosed taking [medication] through [date]; assigned to front desk duties during this period")
5. Keep the disclosure confidential - share only with the salon owner if duty modifications are needed

Do not ask what condition the medication treats. You only need to know whether it affects their ability to work safely.

Post-Incident Testing

Following a workplace accident, injury, or near-miss where impairment may have been a contributing factor:

1. Address any medical needs first - employee safety comes before testing
2. Document the incident per Workplace Safety - Manager Reference
3. If there is reason to believe impairment contributed to the incident, inform the employee that a post-incident test is required
4. Follow the same testing logistics as reasonable suspicion testing
5. Conduct the test as soon as medically appropriate - do not delay unnecessarily, as substances clear the system over time

When Post-Incident Testing Is Appropriate

• The employee caused or contributed to the incident
• The incident involved injury to a client, coworker, or the employee
• The incident involved a near-miss with potential for serious injury
• Observable indicators of impairment were present at the time of the incident

Post-incident testing is not appropriate when the incident clearly had no connection to impairment (e.g., a piece of equipment failed mechanically).

Return-to-Duty Agreements

If the salon offers continued employment after a positive test or policy violation (instead of termination), a return-to-duty agreement should include:

• A negative return-to-duty test before the employee resumes client services
• Acknowledgment that any further violation will result in immediate termination
• Agreement to random follow-up testing for a defined period (typically 12 months)
• A requirement to disclose any substance use treatment or counseling
• Employee and manager signatures with date

The salon is not required to offer a return-to-duty agreement. This is at the salon owner's discretion.

Safe Harbor Provisions

If an employee comes forward voluntarily to disclose a substance use issue before a violation is observed, a test is requested, or an incident occurs:

• The disclosure is not a disciplinary event
• Work with the employee to connect them with resources (SAMHSA helpline: 1-800-662-4357; California DHCS for Medi-Cal treatment options)
• Discuss whether temporary duty modifications or a leave of absence is appropriate
• Document the disclosure and agreed-upon plan confidentially
• If the employee enters a treatment program, consider CFRA leave if they are eligible

Safe harbor does not apply if the employee discloses only after being confronted, asked to test, or involved in an incident.

Key California Law References

Drug and alcohol situations involve significant legal risk. When in doubt - especially before terminating an employee - consult the salon owner and, if necessary, employment counsel. Document everything.

Last reviewed: March 2026