Question

Review the following scenario and discuss:

Dr. Smith is a new member of a large orthopedics practice in the mythical state of Moldavia. Shortly after joining the practice, he notices that one of the surgeons who hired him (Dr. Johnson) has alcohol on his breath in the late afternoons. Dr. Smith makes a point to see whether this is a pattern or just a coincidence.

After a period of about 3 weeks, Dr. Smith is convinced that Dr. Johnson (who is about 55) never has alcohol on his breath in the morning, when he spends time with patients in the office, or on coming back from surgery.

However, Dr. Johnson does have alcohol on his breath virtually every afternoon by 4 pm or so. At this point, he is usually not seeing patients and is dealing with paperwork and making phone calls. Dr. Smith is concerned about this secret drinking, but he is not sure that it makes any difference because Dr. Johnson has never seemed impaired. He shows up when and where he is supposed to, and the alcohol on his breath is the only indication that he has been drinking.

For this assignment assume that you are the HR manager for the practice and Dr. Smith has brought the concerns to you. Utilize the laws and regulations in the state of Missouri (make sure you identify). Write a memorandum (email)intended for the managing partner of the practice.

In the memorandum explore-

1. What is problematic about Dr. Johnson’s behavior in the office?
2. Any rules, regulations or laws that might apply in this situation.
3. Identify the regulatory bodies that you believe would have jurisdiction as it relates to this situation. In doing so, indicate whether you recommend that this behavior should be reported to any oversight body?
4. What, if anything, would you recommend that Dr. Smith do about his concerns? In your follow up prompts pretend that you are the managing partner. Respond to the memorandum of the other students, indicating whether you agree or disagree with the assessment and what further information you would want to know before you make your decision.

Answer 1

Drinking in the workplace is not a good practice. So an HR manager is my concern about the issue, which Dr. Smith has brought in to my knowledge. Hence as a part of my duty, I will let this matter known to managing partner. The email, which I will send is described below-

Sir,

There is a matter of concern, that needs your urgent attention. Dr. Smith, one of our newly appointed doctors has noticed that Dr. Jhonson, who is one of our senior surgeons has the smell of alcohol in his breath. He also noticed that this smell is not present at all times. In the morning hours, when he is seeing the patients or during conducting surgeries. Only in the evening hours after 4 p.m., he has this smell in his breath, when he is doing paperwork or attending to the phone calls. Although this does not affect his behavior or he is never late for any of his commitments, the only proof of his drinking habit is the smell of alcohol in his breath.

According to the drinking laws of Missouri, there are no such laws for taking actions against the drinking. This state has one of the most liberal policies for drinking. Now, it is up to the employer's concern, about the employees whether they want to implement any laws during working at the workplace. For this, they have to furnish a notice to the employees, telling about the consequences of drinking at the workplace or during duty hours. Moreover, if the employee has done some misconduct after drinking, and violated some employer's rules, then that employee will be disqualified from getting any unemployment benefits from the employer.

Some OSHA guidelines, every employer must do regular testing of drugs and alcohol and should update that regularly. I don't feel that this issue should be highlighted to the higher authorities, as he is a very senior doctor, who very well knows about his responsibilities and till now there is no such behavior or work problem noticed in his part of work. I think, that Dr. Smith should be more sure about this matter. It can only be a matter of his suspicion.

Regards

HR Manager

Dear Manager,

Thanks for letting me know about this matter. But I would like to know a few more things, which you can inquire and find out - 1. if anyone else also knows about the matter

2.If it is impacting his behavior with patients or colleagues

3.If there is a problem noticed in his written work/ attending phone calls

4. If anyone else also smelt the same odor in his breath

We cannot take any action on anybody on the basis of suspicion. First, be sure and let me know about it.