Introduction
Employers are constantly faced with the challenge of investigating employees. An increasing number of employers are appreciating the central role of employee investigation in discovering workplace problems and thus initiating measures and control in preventing their occurrences. Each type of workplace problem demands a specific approach of investigation. “The investigator must be knowledgeable about state and federal employment laws; must uphold the privacy rights of employees and others; must conduct a thorough investigation, but without letting it drag on too long; must be objective; and must keep his or her mind on the ultimate goal of any investigation, i.e., discovering the underlying reasons for the problem so that management can take corrective action” (Texas Work Force Commission, 2001).
Investigation Summary
An investigation on substance abuse and violations of work rules in line with the provisions of the Drug-Free Workplace Act of 1988 and DOT drug testing regulations is undertaken to provide a fair and factual basis for decisions on management. The need for an investigation is first ascertained by evaluating the extent of the workplace problem under consideration. The whole investigation is put to prevent the violations of the rights of the employee during the investigation and underline the goals of the investigation. In this case, the investigation must provide solid evidence and reveal instances of substance abuse and violations of work rules within the organization. This ability will identify or exonerate the employees under investigation and thus prevent future occurrences of such incidences. A close work relationship with the management to positively identify witnesses and documents that are relevant to this investigation is essential.
“Knowing who the witnesses are is necessary for the scheduling of witnesses and the order of interviews can make a big difference in the development of the facts” (Texas Work Force Commission, 2001). Important documents, in this case, including policies, time cards, memos, warning letters, and personal files that must be secured, and a list of relevant questions that must be answered during the investigation be drawn. The role of witnesses in the provision of answers relevant in the analysis of the extent of substance abuse and violations of rules cannot be overlooked. Texas Work Force Commission (2001) demonstrates that each and every witness provides answers “according to what they saw when they saw it, how it was done, where it was done, what happened, was the action continuous and such”. Having the knowledge that not all witnesses will have the same amount, content, and similar information and as such the ability to draw on spot questions as answers are given is a handy tool in such investigations. It is prudent to start the investigation as soon as the situation arises so as not to lose the witnesses and vital documents, hold on to high levels of confidentiality and maintain objectivity at all times.
The interviewing technique is what most people have in mind when they hear about workplace investigation (Ferraro, 1999). Much caution is given to this part in that this is where instances of privacy abuse of employees occur. “At the outset of the investigation, clearly identify the issue or issues the employee is raising, identify the company’s obligations (legal and organizational) with respect to the issue(s) presented, and determine what other resources may need to be brought to bear on the issue(s)”(Austin, & Feld, 2001).
Review of Strengths and Weaknesses of Policies and Programs
While these policies and programs that involve the investigations of employees seek to primarily discover problems at the workplace and prevent future occurrences, some have fallen short of their objectives. “From hiring or firing an employee to acquiring or merging businesses, intelligent information is a must” (Diversified Risk Management, 2010). It is worth appreciating the role of a coordinated and disciplined workforce which both form the results of sound workplace policies. On the other hand, these policies have made the workplace environment unsustainable. Lack of proper implementation plans has seen an exodus of employees due to a harsh workplace environment. In addition to that, these policies have to lead to work-family conflict and downsized employee morale, behavior, and performance.
References
Austin, D.P. and Feld, J. (2001). How to Conduct an Effective Workplace Investigation. Web.
Diversified Risk Management (2010). Workplace Investigations. Web.
Ferraro, E. (1999). Undercover investigations in the workplace. Butterworth-Heinemann.
Texas Work Force Commission (2001). Workplace Investigations – Basic Issues for Employers. Web.