MAY 2019 • FOGHORN 29 LEGAL income may be reluctant to disclose any condition of impairment, and may even take actions to mask or hide the condition. That is indeed a hard question with no silver bullet answer. Nevertheless, there are actions that can promote more openness or detection, such as: • Familiarize supervisors with the content of this article – it’s not “hands off” as to questions or concerns relating to capabilities; • Have a managerial person positioned to observe all employees as they report to work; • Develop and publish physical and medication use requirement standards, including a list of medications which are presumed to cause drowsiness; • Publicize the affirmative obligation of employees to report any conditions or medications that may affect performance; • Consider short-term employment wage replacement systems that allow employees to recuperate without lost income, as preferable to unsafe perfor- mance choices; • Be willing to waive off an employee’s shift – try to maintain “Plan B” capability of calling in another person to work in place of an impaired employee; • Publish and utilize disciplinary sanctions for seeking to work while impaired; and • Establish a working relationship with a health provider or clinic which is informed of the physical and cognitive needs of the job, available for employee evaluation on a short or long-term basis. n About the Author Steven E. Bers, Esq., is Chairman of the Employment Law and Marine Law Sections of the law Firm of Whiteford Taylor & Preston, Baltimore/ Washington, D.C. He has served as PVA’s General Counsel, advising passenger vessel owners in matters relating to marine and employment matters for over 25 years. He may be contacted at 410.347.8724, or sbers@ Photo courtesy of Hy-Line Cruises •TotalVessel Maintenance Automation • Identify Costly Operator Habits • Simplify Record Keeping & Invoicing • Fuel & Speed Reporting Increase Your Bottom Line | +1.252.504.5113