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Substance Use at Work in Texas: A Guide for Employees and Employers

Medically reviewed by Kevin Wandler, MD, Chief Medical Advisor

Substance use disorders affect people in every kind of job, from construction and hospitality to health care, finance and technology. When substance use shows up at work, it can affect safety, performance and relationships. It can also be an opening for someone to get help. With clear policies and a compassionate approach, Texas employers and employees can handle these situations in ways that support both the workplace and the person.

How Substance Use Can Show Up at Work

There’s no single sign that someone is struggling, and only a qualified professional can diagnose a substance use disorder. Still, changes like these may signal that something is wrong:

  • Frequent lateness, absences or unexplained time away from work
  • Declining quality of work, missed deadlines or trouble concentrating
  • Safety incidents, near misses or careless mistakes
  • Mood swings, irritability or conflict with coworkers
  • Changes in appearance, energy or hygiene

These changes can also come from other health or personal issues, including depression, anxiety, grief or a medical condition. For supervisors, the focus should stay on observable job performance and conduct rather than guessing at causes.

The Legal Landscape in Texas

Several laws and rules shape how Texas workplaces handle substance use. This is general information, not legal advice.

  • At-will employment. Texas is generally an at-will employment state, and many private employers set their own drug and alcohol policies.
  • Federal testing rules. Certain safety-sensitive jobs, such as some federally regulated transportation roles, follow federal drug and alcohol testing requirements.
  • Drug-free workplace requirements. Some federal contractors and grant recipients must maintain drug-free workplace policies.
  • Disability protections. The Americans with Disabilities Act protects many people in recovery who aren’t currently using illegal drugs, and it can protect people with alcohol use disorder. It doesn’t protect current illegal drug use, and employers can require all employees to meet the same conduct and performance standards.
  • Leave for treatment. The Family and Medical Leave Act may give eligible employees job-protected leave for substance use treatment.
  • Marijuana. Recreational marijuana remains illegal in Texas, and employers can generally set policies on marijuana use and testing.

For Employees: Getting Help Before a Crisis

If you’re worried about your own substance use, reaching out early can protect both your health and your career. Options include:

  • Your employee assistance program. Many EAPs offer confidential assessments and referrals.
  • Your health plan. Many plans include benefits for detox, residential and outpatient treatment. A treatment center can verify your coverage confidentially.
  • Medical leave. FMLA or your employer’s leave policies may let you take time away for treatment.
  • Flexible treatment options. A virtual intensive outpatient program meets online several days a week, which may make it easier to balance treatment with some work responsibilities.

Some employers view a self-referral differently from a policy violation discovered through testing or an incident. Check your handbook to understand your workplace’s approach. If you’re dependent on alcohol or benzodiazepines, don’t try to quit suddenly on your own to pass a test or avoid questions. Withdrawal from these substances can be life-threatening and needs medical supervision.

For Employers and Supervisors: Responding Constructively

A thoughtful approach can protect safety while giving employees a path to recovery:

  1. Have a clear written policy. Explain expectations, testing practices if any, and how employees can seek help.
  2. Train supervisors. Help them recognize performance concerns and respond consistently without diagnosing.
  3. Document performance. Keep conversations focused on specific, observable job issues.
  4. Offer resources. Share EAP information and treatment resources privately and without judgment.
  5. Protect confidentiality. Keep medical information separate from personnel files and share it only on a need-to-know basis.
  6. Plan for return to work. Clear expectations and support can help an employee transition back successfully.
  7. Consult counsel. Employment law questions can be complex, so involve HR and legal advisors.

EAP counselors and other professionals who help employees access care can learn about our process on our referring a patient page.

Reducing Stigma in the Workplace

Stigma keeps people from asking for help. Workplaces can reduce it by using person-first language, such as “a person with a substance use disorder,” treating addiction as a health condition, and making it clear that seeking help is encouraged. Recovery-friendly practices, like offering nonalcoholic options at work events, send a quiet but meaningful message of support.

Leaders set the tone. When managers talk openly about mental health benefits and model taking time off for health reasons, employees are more likely to see treatment as a legitimate option rather than a career risk.

Supporting Recovery After Treatment

Returning to work is an important milestone. Continuing care, such as outpatient treatment, therapy and support groups, helps protect progress. At Promises Dallas-Fort Worth, every client receives aftercare planning to prepare for life after treatment, including the return to work.

Frequently Asked Questions

Can I be fired for asking for help with substance use?

It depends on your circumstances and your employer’s policies. Laws like the ADA and FMLA protect many employees who seek treatment, but they have limits.

What should I do if I’m worried about a coworker?

If there’s an immediate safety risk, tell a supervisor right away. If someone is having a medical emergency, call 911. Otherwise, consider sharing EAP resources privately or talking with HR.

Can an employer require treatment as a condition of returning?

Some employers use return-to-work or last-chance agreements that include treatment. Terms vary by employer and situation.

Help Is Available

Whether you’re seeking treatment yourself or helping someone at work, we can answer questions. Learn about our substance use treatment, review our insurance options, contact us, or call (469) 546-9303.

Sources

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