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Reasonable Suspicion
Employed Substance Users

• 75 percent of the nation’s current illegal drug
  users are employed - and 3.1 percent say they
  have actually used illegal drugs before or
  during work hours.
• 79 percent of the nation’s heavy alcohol users
  are employed - and 7.1 percent say they have
  actually consumed alcohol during the
  workday.
Substance Use At Work
• An estimated 3.1 percent of employed adults actually
  used illicit drugs before reporting to work or during work
  hours at least once in the past year, with about 2.9
  percent working while under the influence of an illicit
  drug.22
• An estimated 1.8 percent of employed adults consumed
  alcohol before coming to work, and 7.1 percent drank
  alcohol during the workday.23
• An estimated 1.7 percent of employed adults worked
  while under the influence of alcohol, and 9.2 percent
  worked with a hangover in the past year. 24
http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
Small Businesses Most Vulnerable
• About nine in 10 employed current illicit drug users
  and almost nine in 10 employed heavy drinkers work
  for small and medium sized firms.31


http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
Abusers’ Affect on the Workplace
• Higher rates of turnover and absenteeism.
• More likely to have worked for more than three
  employers in the past year.25
• More likely to have skipped work more than
  two days in the past month.26
• More likely to have missed more than two days
  of work due to illness or injury.27
http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
Impact On Co-Workers
Furthermore, the impact of employee substance use
and abuse is a concern that extends beyond the
substance-using employee.
• There is evidence that co-worker job performance
  and attitudes are negatively affected.28 Workers
  have reported being put in danger, having been
  injured or having had to work harder, to re-do work
  or to cover for a co-worker as a result of a fellow
  employee’s drinking.29

http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
(mad, sad, ashamed, afraid, hurt, glad)

  Lead to use of:                    Work
                                      MOOD
                                  Background
                                    ALTERING

                                        DRUGS
                         Sexual
                         Orientation                       Marital
             Parental
Loss of control                                          Consequences
                         Gender                Ethnicity   Status
When?          Status                                    Legal
How much?                                              Family/friends
Behavior            Education                          Financial
                                                       Medical
                                                       Social
                                                       Employment
Consequences of Using
             Mood-Altering Drugs
Legal                          Family-Friends
OWI                            Relationships lost
Unlawful drinking activities   Relationships estranged
Domestic violence              Relationships divorced
Felonies                       Family dysfunction
Shoplifting                    Child custody disputes
Fraud
Financial                      Medical
Fines                          Direct health issues
Insurance & medical costs      Other exacerbated conditions
Insufficient funds             Injury or accident
Indebtedness                   Premature death
Cost of drug purchases
Consequences of Using
         Mood-Altering Drugs
Social                      Employment
Preoccupation with use      Performance
Decline in social network   Absenteeism
Deterioration in            Reputation
appearance                  Injury
                            Rules violation
                            Job Loss
Recognizing Problems
                  Addiction
     The irresistible compulsion to use
      alcohol and other drugs despite
           adverse consequences.
It is characterized by repeated failures to
    control use, increased tolerance and
       increased disruption in the life.
Recognizing Problems (continued)
• If not aware of this at the time, why?
• If aware of at the time, what thoughts and
  feelings did you have about this?
  What, if any, actions did you take?
• What did you not know about that “O”?
On-The-Job Indicators of Addiction
                Early Phase
Disease Progression        Impact                  Visible Signs
• Uses to relievetension   • Decrease efficiency   Job Performance
• Tolerance increases      • Criticism from boss   • Mistakes
• Memory blackouts                                 • Miss deadlines
• Lies about use                                   Attendance
                                                   • Late
                                                   • Absent
                                                   • General Behavior
                                                   • Co-workers complain
                                                   • Overreact to criticism
                                                   • Ill
                                                   • Lies
Middle Phase
Disease Progression           Impact                  Visible signs
• Sneaks use                  • Loss of job           Job Performance
• Guilty about use                 advancement        • Spasmodic work pace
• Tremors                        • Warnings           • Difficulty
• Depression                     • Family issues        concentrating
• Loss of interest in activities • Money issues       Attendance
                                 • Wage garnishment   • More days off, vague
                                                        reasons
                                                      General Behavior
                                                      • Undependable
                                                      • Avoids co-workers
                                                      • Exaggerates
                                                      • Unreasonable
                                                        resentment
Late Middle Phase
Disease Progression          Impact                    Visible Signs
• Avoids discussion of       • Disciplinary action     Job Performance
  issue                      • Trouble with law        • Far below expectations
• Attempts to control fail   • 30% efficiency          Attendance
• Neglects food              • Serious family issues   • Frequent time off
• Isolates                                             • Doesn’t return from
                                                         lunch
                                                       General Behavior
                                                       • Aggressive; belligerent
                                                       • Domestic problems
                                                         interfere
                                                       • Loss of ethical values
                                                       • Won’t talk about issue
Late Phase
Disease Progression           Impact                       Visible Signs
• Believes  that other        • Final warnings at work     Job Performance
  activities interfere with   • Termination                • Formal discipline
  use                         • Serious financial issues   • No improvement
• Blames people, places                                    Attendance
  and things for problems                                  • Prolonged
                                                             unpredictable
                                                             absences
                                                           General Behavior
                                                           • Use on the job
                                                           • Physical
                                                             deterioration
Observable Effects
Alcohol - Staggering gait, slurred speech, odor of alcoholic
beverage may be general (alcohol) or specific (beer, whiskey,
wine), shaky hands, decreased eye-hand coordination.
Cannabis - (Marijuana) Reddening of the eyes, sometimes
rambling, excited speech patterns, euphoria (laughing out of
context), distorted sense of time.
Cocaine - Dilated pupils, talkativeness, sniffing, runny nose, fast
mood swings (from down and irritable to up and happy within a
few minutes, perhaps coinciding with a trip to the restroom),
frequent trips to the restroom or a secluded area to use more
cocaine.
Observable Effects (continued)
Amphetamines (and other stimulants) - Dilated pupils,
talkativeness, restlessness, over-excitement, irritability,
aggressiveness, paranoia, stereotypical behavior (sit and
stare and twist hair for hours at a time).
Narcotics (Opioids) - Pinpoint pupils, sweating, nausea
(novice user only), nodding (user may appear to drop off to
sleep periodically), overly calm, detached look, needle
marks over veins on arms and hands.
Observable Effects (continued)
Depressants - Intoxication similar to alcohol - perhaps
more exaggerated, drowsiness.
Hallucinogens - Dilated pupils, usually an inability
to carry on a rational conversation about common
things (work schedule) for more than one or two
minutes, may be responding to things not apparent to
observer.
Observable Effects (continued)
Phencyclidine (PCP) - Speech is sparse and
purposeless, jerky eye movements (mystagmus), unusual
body posture (often rigid), often aggressive or combative
behavior, extreme bizarre or violent behavior can occur.
Inhalants (glue, paint, aerosol sprays, etc.) - Odor of
paint, gasoline, etc.; paint on hands or face - often
entire hand(s) will be covered; slurred speech; staggering
walk; lack of coordination; extreme “drunken” behavior.
Five-Panel Drug Screen

•   Amphetamines (uppers, speed, meth)
•   Cannabinoids
•   Cocaine (coke, crack, rock)
•   Opiates (codeine, heroin, morphine, )
•   Phencyclidine (PCP) (angel dust)
Detection Periods
Drug                          Detection Period
Alcohol (Ethanol)             Three to 10 hours -
                              about one hour per beer
Amphetamine                   One to two days
Barbiturates (Secobarbital or One to two days
Butalbital)
Benzodiazepines light to      Three to five days
moderate use
Detection Periods (continued)
Cannabinoids
(marijuana metabolites)
Single use                Two days
Several times/week        Two weeks
Daily                     Three to six weeks
Methadone                 Two to three days
Methaqualone (Quaalude)   Two weeks
Detection Periods (continued)
Opiates (Morphine, Codeine, Heroin) One to two days

Phencyclidine (PCP)                 Two days to two weeks

Propoxphene (Darvon)                Six hours to two days
Detection Periods
These are approximate detection times for the
drug or metabolites in urine. The actual
detection time depends on individual
metabolism and the dose of the drug.
Defining Reasonable Suspicion
           When Does It Exist?
• Reasonable Cause is . . .Suspicion based on specific,
  contemporaneous, articulable observation, by a trained
  supervisor, of employee alcohol misuse or illegal drug use
  based on the appearance, behavior, speech or body odors
  of the employee.
• When to Test:
     When have . . .Specific      Documentable
                    Objective First-hand
                    Immediate
                          OBSERVATIONS
Reasonable Cause
• Reasonable Cause ≠ Probable Cause
• Testing for Reasonable Suspicion . . .
   – Determines (non)compliance with requirements to
     remain drug-free and unimpaired by alcohol at work
   – Requires substantial documentation
• Testing for Reasonable Suspicion
   – Is not based on hearsay or hunches
   – Is not based on stereotypes, personal feelings or gut
     instincts toward a particular employee
   – Is not a diagnosis of alcoholism or drug addiction
Supervisor Intervention Steps

When supervisor suspects employee violation
of the workplace alcohol and drug policy.
Step One
IDENTIFY
Abnormal behavior (Signs of alcohol
misuse/illicit drug use)
Step Two
DOCUMENT
(Second witness observations)
(Reasonable Suspicion Incident Report)
Step Three
CONFRONT
According to Supervisory Protocol Guidelines
Step Four
CONFIRM
Via authorized alcohol/drug test
Supervisory Protocol
1. Complete front page of documentation report.
2. Remove the employee from their work area
   and meet in a confidential office.
3. Have another company representative (and a
   union member, if relevant) for the meeting as a
   witness.
Supervisory Protocol (continued)
4. Explain to the employee the reason for your
   meeting.
  – Have any previous or presently documented facts
    (documentation report) regarding observations of
    the employee’s behavior or actions, which have
    warranted reasonable suspicion, available.
  – Suspicion is not reasonable, and thus not a basis for
    testing if it is based solely on third party
    observations and reports. You must observe.
Supervisory Protocol (continued)
5. Ask:
  “Are any physical or medical conditions that might
  explain his/her currently abnormal
  appearance, behavior, speech or body odor?”
  (Document ALL responses on the documentation
  report).
6. Inform the employee that, based on your
   observations, he/she is required to undergo an
   alcohol and/or drug test.
Supervisory Protocol (continued)
7. Transportation to the collection site.
8. Make arrangements to have the employee
   transported home.
Supervisory Protocol (continued)
9. Complete backside of documentation report.
10. Based on test results, decide on disciplinary
   action and SAP/EAP referral.
11.Continue to monitor and follow up (inform
   appropriate management personnel and/or the
   SAP/EAP counselor of any ongoing
   performance or behavioral concerns and
   improvements).
Enabling & Supervisory Traps
Enabling:
Action you take that protects the employee from
the consequences of his/her actions and actually
helps the employee to NOT deal with the problem.
Examples of Enabling
• Covering up - providing alibis, excuses, doing their
  work
• Rationalizing - developing reasons why their behavior
  is reasonable and acceptable
• Withdrawing/avoiding - avoiding contact
• Blaming - yourself for their use, anger at them
• Controlling - taking responsibility, get rid of
  drugs, move to another job
• Threatening - without follow through
Examples of Supervisor Traps
•   Sympathy
•   Excuses
•   Apology
•   Diversions
•   Innocence
•   Anger
•   Pity
•   Tears
Supervisory Do’s
• Do emphasize that you are concerned about work
  performance or conduct.
• Do have documentation of performance in front of you
  when you talk with the employee.
• Do remember that many issues get worse without
  assistance.
• Do emphasize that conversations with EAP are
  confidential.
• Do explain that EAP is voluntary and exists to help
  employees.
• Do call the EAP prior to discus making a referral.
Supervisory Don’ts
• Don’t try to diagnose the problem.
• Don’t moralize. Limit comments to job performance
  and conduct issues only.
• Don’t discuss alcohol and drug use. Stick strictly to
  what you hear, smell and see.
• Don’t be misled by sympathy-evoking tactics.
• Don’t cover up. If you protect people, it enables
  them to stay the same.
• Don’t make threats that you do not intend to carry
  out. If you threaten disciplinary action, follow
  through.
Review
• Most employees assume that they cannot use
  alcohol or drugs immediately before or during
  work. Why is a policy necessary? Why is teaching
  necessary?
• What types of drug testing does our policy cover?
• What drugs are tested for?
• How can I tell when an employee is “not in
  condition” to perform his/her work?
Review (continued)
• What does fitness-for-duty mean?
• Is it really possible to determine whether an
  employee is actually under the influence of
  alcohol or drugs?
• What should I do if an employee comes in
  smelling of alcohol or beer and/or is hung over?
• How should I handle borderline cases where I
  think the employee may be unfit for duty but I am
  not sure?
Review (continued)
• What level of alcohol or other drugs does the company
  consider to be over the limit?
• How do I proceed if the employee raises as a defense
  that they are using a controlled substance as doctor-
  prescribed medication?
• Some employees may fear a supervisor will use the
  fitness-for-duty test to get them. How does the policy
  deal with this concern?
• How important is it to have another observer present
  when I question an employee?
Review (continued)
• What if an employee refuses to produce a specimen
  and/or sign a consent form for purposes of a fitness-
  for-duty screening?
• What should I do if an employee refuses to surrender
  a suspicious substance when so instructed?
• What should I do if I see more than one employee
  engaged in suspicious behavior and I think the
  possibility exists that they will become hostile if
  confronted?
Review (continued)
• In a fitness-for-duty situation, who will escort the
  employee to the hospital/clinic for testing?
• What should I do if an employee insists on leaving
  on their own before or after a fitness-for-duty
  screen?
• How long does it take to get results back from a
  fitness-for-duty test?
• Before we discipline an employee based on one lab
  test, should we consider a retest to validate the
  result?
Review (continued)
• In several places, the policy references
  appropriate disciplinary action, up to and
  including discharge for policy violation. Have we
  established discipline standards?
• Will the discipline be different for a clerical
  person versus a represented employee versus an
  upper management person?
• Who determines if a supervisor is fit for duty?
Review (continued)
• What if an employee is arrested off property
  for suspected drug activity?
• What if an employee agrees to treatment?
• What role(s) does the EAP have in the
  administration of our substance abuse policy?
Educating Your Employees
•   Reason for the policy
•   Policy overview
•   Be able to explain the testing process
•   Educate them about EAP
•   Self-reporting
•   Handouts
•   Impaired professional
You May Have a Problem If…
• Others (family, friends, co-workers) have
  expressed concern to you about your use.
• Your use has impacted your work, your
  relationships.
• Your use has resulted in medical, financial or legal
  issues.
• You have to use more of the substance to get the
  same effect.
• It is all “cost” and no “benefit.”
Someone You Know May Have
            a Problem If…
• You worry about their use and their ability to
  fulfill their roles (as a worker, spouse, parent).
• You have taken over duties they usually did to
  compensate for them not doing them.
• You avoided attending activities because of
  concerns of how they would act at the event if
  they drank.
• You have made attempts to limit their use of the
  substance.

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Reasonable Suspicion

  • 2. Employed Substance Users • 75 percent of the nation’s current illegal drug users are employed - and 3.1 percent say they have actually used illegal drugs before or during work hours. • 79 percent of the nation’s heavy alcohol users are employed - and 7.1 percent say they have actually consumed alcohol during the workday.
  • 3. Substance Use At Work • An estimated 3.1 percent of employed adults actually used illicit drugs before reporting to work or during work hours at least once in the past year, with about 2.9 percent working while under the influence of an illicit drug.22 • An estimated 1.8 percent of employed adults consumed alcohol before coming to work, and 7.1 percent drank alcohol during the workday.23 • An estimated 1.7 percent of employed adults worked while under the influence of alcohol, and 9.2 percent worked with a hangover in the past year. 24 http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
  • 4. Small Businesses Most Vulnerable • About nine in 10 employed current illicit drug users and almost nine in 10 employed heavy drinkers work for small and medium sized firms.31 http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
  • 5. Abusers’ Affect on the Workplace • Higher rates of turnover and absenteeism. • More likely to have worked for more than three employers in the past year.25 • More likely to have skipped work more than two days in the past month.26 • More likely to have missed more than two days of work due to illness or injury.27 http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
  • 6. Impact On Co-Workers Furthermore, the impact of employee substance use and abuse is a concern that extends beyond the substance-using employee. • There is evidence that co-worker job performance and attitudes are negatively affected.28 Workers have reported being put in danger, having been injured or having had to work harder, to re-do work or to cover for a co-worker as a result of a fellow employee’s drinking.29 http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
  • 7. (mad, sad, ashamed, afraid, hurt, glad) Lead to use of: Work MOOD Background ALTERING DRUGS Sexual Orientation Marital Parental Loss of control Consequences Gender Ethnicity Status When? Status Legal How much? Family/friends Behavior Education Financial Medical Social Employment
  • 8. Consequences of Using Mood-Altering Drugs Legal Family-Friends OWI Relationships lost Unlawful drinking activities Relationships estranged Domestic violence Relationships divorced Felonies Family dysfunction Shoplifting Child custody disputes Fraud Financial Medical Fines Direct health issues Insurance & medical costs Other exacerbated conditions Insufficient funds Injury or accident Indebtedness Premature death Cost of drug purchases
  • 9. Consequences of Using Mood-Altering Drugs Social Employment Preoccupation with use Performance Decline in social network Absenteeism Deterioration in Reputation appearance Injury Rules violation Job Loss
  • 10. Recognizing Problems Addiction The irresistible compulsion to use alcohol and other drugs despite adverse consequences. It is characterized by repeated failures to control use, increased tolerance and increased disruption in the life.
  • 11. Recognizing Problems (continued) • If not aware of this at the time, why? • If aware of at the time, what thoughts and feelings did you have about this? What, if any, actions did you take? • What did you not know about that “O”?
  • 12. On-The-Job Indicators of Addiction Early Phase Disease Progression Impact Visible Signs • Uses to relievetension • Decrease efficiency Job Performance • Tolerance increases • Criticism from boss • Mistakes • Memory blackouts • Miss deadlines • Lies about use Attendance • Late • Absent • General Behavior • Co-workers complain • Overreact to criticism • Ill • Lies
  • 13. Middle Phase Disease Progression Impact Visible signs • Sneaks use • Loss of job Job Performance • Guilty about use advancement • Spasmodic work pace • Tremors • Warnings • Difficulty • Depression • Family issues concentrating • Loss of interest in activities • Money issues Attendance • Wage garnishment • More days off, vague reasons General Behavior • Undependable • Avoids co-workers • Exaggerates • Unreasonable resentment
  • 14. Late Middle Phase Disease Progression Impact Visible Signs • Avoids discussion of • Disciplinary action Job Performance issue • Trouble with law • Far below expectations • Attempts to control fail • 30% efficiency Attendance • Neglects food • Serious family issues • Frequent time off • Isolates • Doesn’t return from lunch General Behavior • Aggressive; belligerent • Domestic problems interfere • Loss of ethical values • Won’t talk about issue
  • 15. Late Phase Disease Progression Impact Visible Signs • Believes that other • Final warnings at work Job Performance activities interfere with • Termination • Formal discipline use • Serious financial issues • No improvement • Blames people, places Attendance and things for problems • Prolonged unpredictable absences General Behavior • Use on the job • Physical deterioration
  • 16. Observable Effects Alcohol - Staggering gait, slurred speech, odor of alcoholic beverage may be general (alcohol) or specific (beer, whiskey, wine), shaky hands, decreased eye-hand coordination. Cannabis - (Marijuana) Reddening of the eyes, sometimes rambling, excited speech patterns, euphoria (laughing out of context), distorted sense of time. Cocaine - Dilated pupils, talkativeness, sniffing, runny nose, fast mood swings (from down and irritable to up and happy within a few minutes, perhaps coinciding with a trip to the restroom), frequent trips to the restroom or a secluded area to use more cocaine.
  • 17. Observable Effects (continued) Amphetamines (and other stimulants) - Dilated pupils, talkativeness, restlessness, over-excitement, irritability, aggressiveness, paranoia, stereotypical behavior (sit and stare and twist hair for hours at a time). Narcotics (Opioids) - Pinpoint pupils, sweating, nausea (novice user only), nodding (user may appear to drop off to sleep periodically), overly calm, detached look, needle marks over veins on arms and hands.
  • 18. Observable Effects (continued) Depressants - Intoxication similar to alcohol - perhaps more exaggerated, drowsiness. Hallucinogens - Dilated pupils, usually an inability to carry on a rational conversation about common things (work schedule) for more than one or two minutes, may be responding to things not apparent to observer.
  • 19. Observable Effects (continued) Phencyclidine (PCP) - Speech is sparse and purposeless, jerky eye movements (mystagmus), unusual body posture (often rigid), often aggressive or combative behavior, extreme bizarre or violent behavior can occur. Inhalants (glue, paint, aerosol sprays, etc.) - Odor of paint, gasoline, etc.; paint on hands or face - often entire hand(s) will be covered; slurred speech; staggering walk; lack of coordination; extreme “drunken” behavior.
  • 20. Five-Panel Drug Screen • Amphetamines (uppers, speed, meth) • Cannabinoids • Cocaine (coke, crack, rock) • Opiates (codeine, heroin, morphine, ) • Phencyclidine (PCP) (angel dust)
  • 21. Detection Periods Drug Detection Period Alcohol (Ethanol) Three to 10 hours - about one hour per beer Amphetamine One to two days Barbiturates (Secobarbital or One to two days Butalbital) Benzodiazepines light to Three to five days moderate use
  • 22. Detection Periods (continued) Cannabinoids (marijuana metabolites) Single use Two days Several times/week Two weeks Daily Three to six weeks Methadone Two to three days Methaqualone (Quaalude) Two weeks
  • 23. Detection Periods (continued) Opiates (Morphine, Codeine, Heroin) One to two days Phencyclidine (PCP) Two days to two weeks Propoxphene (Darvon) Six hours to two days
  • 24. Detection Periods These are approximate detection times for the drug or metabolites in urine. The actual detection time depends on individual metabolism and the dose of the drug.
  • 25. Defining Reasonable Suspicion When Does It Exist? • Reasonable Cause is . . .Suspicion based on specific, contemporaneous, articulable observation, by a trained supervisor, of employee alcohol misuse or illegal drug use based on the appearance, behavior, speech or body odors of the employee. • When to Test: When have . . .Specific Documentable Objective First-hand Immediate OBSERVATIONS
  • 26. Reasonable Cause • Reasonable Cause ≠ Probable Cause • Testing for Reasonable Suspicion . . . – Determines (non)compliance with requirements to remain drug-free and unimpaired by alcohol at work – Requires substantial documentation • Testing for Reasonable Suspicion – Is not based on hearsay or hunches – Is not based on stereotypes, personal feelings or gut instincts toward a particular employee – Is not a diagnosis of alcoholism or drug addiction
  • 27. Supervisor Intervention Steps When supervisor suspects employee violation of the workplace alcohol and drug policy.
  • 28. Step One IDENTIFY Abnormal behavior (Signs of alcohol misuse/illicit drug use)
  • 29. Step Two DOCUMENT (Second witness observations) (Reasonable Suspicion Incident Report)
  • 30. Step Three CONFRONT According to Supervisory Protocol Guidelines
  • 31. Step Four CONFIRM Via authorized alcohol/drug test
  • 32. Supervisory Protocol 1. Complete front page of documentation report. 2. Remove the employee from their work area and meet in a confidential office. 3. Have another company representative (and a union member, if relevant) for the meeting as a witness.
  • 33. Supervisory Protocol (continued) 4. Explain to the employee the reason for your meeting. – Have any previous or presently documented facts (documentation report) regarding observations of the employee’s behavior or actions, which have warranted reasonable suspicion, available. – Suspicion is not reasonable, and thus not a basis for testing if it is based solely on third party observations and reports. You must observe.
  • 34. Supervisory Protocol (continued) 5. Ask: “Are any physical or medical conditions that might explain his/her currently abnormal appearance, behavior, speech or body odor?” (Document ALL responses on the documentation report). 6. Inform the employee that, based on your observations, he/she is required to undergo an alcohol and/or drug test.
  • 35. Supervisory Protocol (continued) 7. Transportation to the collection site. 8. Make arrangements to have the employee transported home.
  • 36. Supervisory Protocol (continued) 9. Complete backside of documentation report. 10. Based on test results, decide on disciplinary action and SAP/EAP referral. 11.Continue to monitor and follow up (inform appropriate management personnel and/or the SAP/EAP counselor of any ongoing performance or behavioral concerns and improvements).
  • 37. Enabling & Supervisory Traps Enabling: Action you take that protects the employee from the consequences of his/her actions and actually helps the employee to NOT deal with the problem.
  • 38. Examples of Enabling • Covering up - providing alibis, excuses, doing their work • Rationalizing - developing reasons why their behavior is reasonable and acceptable • Withdrawing/avoiding - avoiding contact • Blaming - yourself for their use, anger at them • Controlling - taking responsibility, get rid of drugs, move to another job • Threatening - without follow through
  • 39. Examples of Supervisor Traps • Sympathy • Excuses • Apology • Diversions • Innocence • Anger • Pity • Tears
  • 40. Supervisory Do’s • Do emphasize that you are concerned about work performance or conduct. • Do have documentation of performance in front of you when you talk with the employee. • Do remember that many issues get worse without assistance. • Do emphasize that conversations with EAP are confidential. • Do explain that EAP is voluntary and exists to help employees. • Do call the EAP prior to discus making a referral.
  • 41. Supervisory Don’ts • Don’t try to diagnose the problem. • Don’t moralize. Limit comments to job performance and conduct issues only. • Don’t discuss alcohol and drug use. Stick strictly to what you hear, smell and see. • Don’t be misled by sympathy-evoking tactics. • Don’t cover up. If you protect people, it enables them to stay the same. • Don’t make threats that you do not intend to carry out. If you threaten disciplinary action, follow through.
  • 42. Review • Most employees assume that they cannot use alcohol or drugs immediately before or during work. Why is a policy necessary? Why is teaching necessary? • What types of drug testing does our policy cover? • What drugs are tested for? • How can I tell when an employee is “not in condition” to perform his/her work?
  • 43. Review (continued) • What does fitness-for-duty mean? • Is it really possible to determine whether an employee is actually under the influence of alcohol or drugs? • What should I do if an employee comes in smelling of alcohol or beer and/or is hung over? • How should I handle borderline cases where I think the employee may be unfit for duty but I am not sure?
  • 44. Review (continued) • What level of alcohol or other drugs does the company consider to be over the limit? • How do I proceed if the employee raises as a defense that they are using a controlled substance as doctor- prescribed medication? • Some employees may fear a supervisor will use the fitness-for-duty test to get them. How does the policy deal with this concern? • How important is it to have another observer present when I question an employee?
  • 45. Review (continued) • What if an employee refuses to produce a specimen and/or sign a consent form for purposes of a fitness- for-duty screening? • What should I do if an employee refuses to surrender a suspicious substance when so instructed? • What should I do if I see more than one employee engaged in suspicious behavior and I think the possibility exists that they will become hostile if confronted?
  • 46. Review (continued) • In a fitness-for-duty situation, who will escort the employee to the hospital/clinic for testing? • What should I do if an employee insists on leaving on their own before or after a fitness-for-duty screen? • How long does it take to get results back from a fitness-for-duty test? • Before we discipline an employee based on one lab test, should we consider a retest to validate the result?
  • 47. Review (continued) • In several places, the policy references appropriate disciplinary action, up to and including discharge for policy violation. Have we established discipline standards? • Will the discipline be different for a clerical person versus a represented employee versus an upper management person? • Who determines if a supervisor is fit for duty?
  • 48. Review (continued) • What if an employee is arrested off property for suspected drug activity? • What if an employee agrees to treatment? • What role(s) does the EAP have in the administration of our substance abuse policy?
  • 49. Educating Your Employees • Reason for the policy • Policy overview • Be able to explain the testing process • Educate them about EAP • Self-reporting • Handouts • Impaired professional
  • 50. You May Have a Problem If… • Others (family, friends, co-workers) have expressed concern to you about your use. • Your use has impacted your work, your relationships. • Your use has resulted in medical, financial or legal issues. • You have to use more of the substance to get the same effect. • It is all “cost” and no “benefit.”
  • 51. Someone You Know May Have a Problem If… • You worry about their use and their ability to fulfill their roles (as a worker, spouse, parent). • You have taken over duties they usually did to compensate for them not doing them. • You avoided attending activities because of concerns of how they would act at the event if they drank. • You have made attempts to limit their use of the substance.

Notes de l'éditeur

  1. Remove the employee from the workstation by indicating to him/her you would like to meet with them in the supervisory office.
  2. An employer representative is to transport the employee to the designated testing facility and await completion of the collection procedure. The employer representative will then transport the employee back to the employer’s premises. If possible, a shop steward or committee personshould accompany the employee and company representative.
  3. 8. Call a relative, call a taxi or an employer representative should drive the employee.