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Supervisor Drug Awareness and Reasonable Suspicion Training Class

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1 Supervisor Drug Awareness and Reasonable Suspicion Training Class
Puiggari & Associates Consulting Services, PLLC Fall 2013 Welcome to this supervisor training session, brought to you by Puiggari & Associates Consulting Services. Notes & Disclaimers: We have developed this presentation to provide employers with a basic supervisory training tool as part of a drug-free workplace program. While it is intended to provide useful, general information, it does not provide all the necessary information to conduct training for supervisors on how to enforce a specific organization’s policy—if the organization has a specific policy. This training is intended to make supervisors more aware of when substance abuse may be a performance problem and to help them gain a general understanding of their role and responsibilities in enforcing a drug-free workplace policy. Although this training provides some understanding of intervention techniques appropriate for use in the workplace, these techniques are best practiced following training or guidance from an Employee Assistance Program (EAP) or other similarly qualified professional.

2 Objectives of Training
At the end of the training Supervisors should understand: Regulations on Drug and Alcohol Testing Supervisor’s Role and Responsibilities Costs of Drug and Alcohol Abuse Types of Testing-When and How Reasonable Suspicion - process At the end of this training, supervisors should understand: The different the goal of a Drug-Free Workplace; and Their role in implementing it.

3 At the end of the training, Supervisors should know how to:
Identify and investigate crisis situations Recognize workplace problems that may be related to alcohol and other drugs Intervene in problem situations Refer employees who have problems with alcohol and other drugs Protect employee confidentiality Continue to supervise employees who have been referred to assistance Avoid enabling and supervisor traps Supervisors should also leave the presentation knowing how to: Identify and investigate crisis situations; Recognize workplace problems that may be related to employee use of alcohol and other drugs; Intervene in problem situations; Refer employees who have problems with alcohol and other drugs; Protect employee confidentiality; Continue to supervise employees who have been referred to assistance related to problems with alcohol and other drugs; and Avoid enabling and common supervisor traps.

4 TRAINING –WHY? DOT MANDATED*
Any employer that has employees with CDL is governed by DOT regulations DOT regulations require CDL employees be subject to all forms of drug testing These are 1) application 2) random 3) reasonable suspicion 4) accident and 5) return to work DOT regulations require all new supervisors have 2 hours of drug and alcohol awareness training. Supervisors must certify they received this training. These certifications should be kept by your HR department and by you. DOT audit compliance Reasonable Suspicion Testing requires Supervisor with training independently ascertain there are signs requiring reasonable suspicion testing. Second supervisor with training must concur Drug and Alcohol use and abuse costs Businesses A lot of Money

5 Cost of Drug Abuse INCREASED COSTS IS THE BOTTOM LINE
Loss of Productivity and efficiency $100B per year Higher absenteeism, illness, tardiness, injuries Frequent turnover, increased training expense Lost productivity, reduced quality Higher accidents / errors on the job Increased health costs Reduced sales Lost customer confidence All the of above amounts to higher costs or lower revenues

6 USA Major Market Place 75% elicit drugs consumed in USA originate abroad

7 Training Sections: Outline
General Requirement of Most Policies: Ins and Outs Follow DOT regulations Facts Regarding Drug and Alcohol Abuse How to Recognize Symptoms Actions to take Once Problem is Recognized

8 The Drug and Alcohol Policies:
If you are going to test there must be a policy (employees must be given notice) Protect the health and safety of all employees, customers and the public Comply with the Drug-Free Workplace Act of 1988 or any other applicable laws Send a clear message that use of alcohol and drugs in the workplace is prohibited Encourages employees who have problems with alcohol and other drugs to voluntarily seek help The policy exists to: Protect the health and safety of all employees, customers and the public; Safeguard employer assets from theft and destruction; Protect trade secrets; Maintain product quality and company integrity and reputation; and Comply with the Drug-Free Workplace Act of 1988 or any other applicable federal, state or local laws.

9 MT LAW If test Policy must be at least as stringent as Federal law
Hard to administer Expensive to administer

10 The Drug and Alcohol Policies Explain:
Who is covered by the policy When the policy applies What behavior is prohibited That employees are required to notify supervisors of drug-related convictions The types of drug testing Consequences for violating the policy-failed tests What assistance is available to employees needing help How employee confidentiality protected Note to Trainer/Presenter: While each organization’s Drug Free Workplace policy may be different, they typically should address the following questions. It is recommended that you briefly clarify the issues below that are specific to the organization’s existing policy. The Drug-Free Workplace Policy answers the following questions: What is the purpose of the policy and program? Who is covered by the policy? When does the policy apply? What behavior is prohibited? Are employees required to notify supervisors of drug-related convictions? Does the policy include searches? Does the program include drug testing?...(continued….)

11 Drug and Alcohol Policies
Zero Tolerance Failed or Refused Drug Test Requires employees be immediately removed from safety sensitive positions Policy could state employee will be terminated because no longer able to perform job hired to do Policy must state if employee will be offered rehabilitation program and is so who will bear cost Failure of pre-employment test: typically employment offer is rescinded Employees that attend and complete Rehabilitation Program can be returned to safety sensitive position upon successful completion of return to duty process—employer need not do this; follow policy

12 Drug and Alcohol Policies Describe:
Tests Pre-employment-Always Random-all or some employees Reasonable Suspicion Accident Return to work Policy must be in Handbook and available to employee. Policy must be posted or available in hardcopy at each office. Random Pool. You choose % of employees You choose how often tested

13 Seasonal Layoffs and Pool
For Employees that go on Seasonal Layoffs (or are on FMLA or extended medical leave), do we keep them in the Random Pool. Answer: For employees that are on Seasonal Layoff (you keep their status as an employee and intend to rehire them) or for employees that are off work temporarily (ex. a medical leave) you can EITHER: 1) Keep them in the random pool; This means that you must make a good faith attempt to contact them and have them go in for testing immediately if they are chosen for a test. If they aren’t tested document why and send them for a test before they start work again. 2) Remove them from the pool. BUT if you remove them from the pool then under the FMCSA regulations you must retest them (like they are a new employee applicant) BEFORE they start work requiring a CDL. This can be costly. The choice is yours.

14 Drug and Alcohol Policies
Alcohol Abuse Use of Alcohol at work at any time is prohibited Point of Impairment Employee Confidentiality Testing information is kept confidential. Only those with a need to know are informed of failed test or fact the employee is even sent for a test. Government agencies can be told. Ex. Unemployment office if this is the reason for termination Illegal drug use prohibited Illegal drugs: You know what they are also use of someone else’s prescription. Do not take another person’s “lortab” etc. Overdosage of prescribed medication Resources There are a variety of resources available to employees that need assistance. EAP’s State Rehabilitation Programs AA etc.

15 Drug and Alcohol Policies
When the employee is given the paperwork they must go to the testing facility within 30 minutes It is supervisors responsibility to ensure timing. DO NOT LET EMPLOYEE GO NEXT DAY OR LATER THAT AFTERNOON. This allows employee to hydrate and thus have diluted result (which is not a failure) If Test Positive Employee contacted by MRO (medical review officer) MRO explores reasons for positive result. If legal explanation, test result changed to negative If positive result stands Employer is notified Employee notified and terminated Employee has right, at own cost, to have split sample tested From same urine, sent to different lab Terminated Employee (not pre-employment test) Right to attend Rehabilitation Assigned to SAP (Substance Abuse Councilor) who designs program and is employee’s contact If SAP certifies successful completion of rehabilitation program, employee eligible rehire and eligible for hire any other DOT regulated employer. Failed test /failure refusal Employee must pay for rehabilitation program Employee will be tested at least 6 times next 12 months and must pay for follow up testing

16 Requests for Prior Drug/Alcohol Testing Results
49 CFR Part requires that potential employers check on the previous 2 years of drug and alcohol testing background of new hires and other employees beginning safety sensitive work. Employers need the written consent of the applicant/employee to obtain these records. To assist the employer the Department of Transportation has provided a form. Form is at pg. 57 If feasible, you must obtain and review this information before the employee first performs safety-sensitive functions. If this is not feasible, you must obtain and review the information as soon as possible. However, you must not permit the employee to perform safety-sensitive functions after 30 days from the date on which the employee first performed safety-sensitive functions, unless you have obtained or made and documented a good faith effort to obtain this information.

17 Requests for Prior Drug/Alcohol Testing Results
If you obtain information that the employee has violated a DOT agency drug and alcohol regulation, you must not use the employee to perform safety-sensitive functions unless you also obtain information that the employee has subsequently complied with the return-to-duty requirements of Subpart O of this part and DOT agency drug and alcohol regulations. As the previous employer, you must maintain a written record of the information released, including the date, the party to whom it was released, and a summary of the information provided. If you are an employer from whom information is requested under paragraph (b) of this section, you must, after reviewing the employee's specific, written consent, immediately release the requested information to the employer making the inquiry. Failure to provide the information could result in an $11K fine by the FMSCA

18 Requests for Prior Drug/Alcohol Testing Results
As the employer requesting the information required under this section, you must maintain a written, confidential record of the information you obtain or of the good faith efforts you made to obtain the information. You must retain this information for three years from the date of the employee's first performance of safety-sensitive duties for you. As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years. If the employee admits that he or she had a positive test or a refusal to test, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the return-to-duty process (see paragraphs (b)(5) and (e) of this section).

19 Results of Failed Test Terminate or Not:
DOT does not mandate termination or other employment action However, Employee that fails test must immediately be removed from Safety sensitive position (any driving requiring CDL) § In MT employee must be given due process (if government ee—to terminate, or if private employer they must follow policy. Employer policy can state will be terminated for failed drug test because ee can’t perform job hired to do. Cannot be returned until successfully completes program designed by SAP and also then successfully passes a return to duty drug/alcohol test (Title 49 subpart O, section 40) See link at: Employer must ensure employee that returns follows additional testing requirements if SAP required those (ex. Drug test once a month for 12 months) Employer need not offer rehab program option

20 Failed Test What do we do with an employee that fails a drug/alcohol test? Answer: DO NOT TERMINATE IMMEDIATELY. However, the employee must immediately be removed from the position requiring the CDL. Under Montana law any government employee must be given process before they are terminated. It is recommended that: 1) If the person is an applicant and fails the test you do not hire them. You are not hiring them because they cannot perform the essential function of the job (an essential requirement would be that they have a CDL); 2) You have a policy (in the drug/alcohol testing policy) or termination policy that states any employee that fails a test will be given the right to respond but that if they cannot perform the essential function of the position (driving which requires a CDL) they will be terminated;

21 3) If an employee fails a test (refuses to take or numbers indicate drugs/alcohol in their system), the employee must immediately be removed from their position. They should then be called in, told the results, told they cannot perform their job and that you are proposing to terminate them. They should also be informed they have the right at their expense to have the split sample tested. The employee should then be asked if they have anything to say. MACO JPIA should be informed. Once this process is done the employee should then be terminated for the inability to do their job. 4) If you wish to rehire them at a later date, if they will need a CDL to do the job, the employee can only be rehired if they complete the rehabilitation (return to duty) process and they have a negative test; 5) If there is a Collective Bargaining Agreement, follow the process in it. However, no Collective Bargaining Agreement can preempt Federal Law. This means that you cannot put the person back into any position requiring a CDL if they have not gone through the rehabilitation process.

22 Return to Duty Process LAW: Employers are not required to provide Substance Abuse Profssionals and treatment services to employees. The policy must state if the employee or employer pays for the programs. If employer does permit employee to return after failed test, employer must ensure employee passes SAP evaluation and complied with treatment program AND also employee takes return to duty drug test.

23 MT Law-Who can be tested
1) employee means an individual engaged in the performance, supervision or management of work in a hazardous environment, security position, position affecting public health or safety or in which driving a motor vehicle is necessary for any part of the individuals work, or a fiduciary. Also under (10) prospective employee is defined as an applicant and under all applicants can be tested as a condition of hire. This means that each county could test all applicants, all sheriffs etc., public nurses and all persons that are required to drive a vehicle to perform their work.

24 MT law Also under (7) hazardous work environment is defined as an position for which controlled substance testing is mandated by federal law, that involves operation of or work in proximity to construction equipment, industrial machinery or mining or that involve handling or proximity to flammable materials, explosives, toxic chemicals or similar substances. This means that any one that did construction for the county could be tested. Also all weed guys, etc.

25 MT law MT employers can have random testing but if a contractor is not used; all salaried, managerial employees (per the definition of employee above) must be tested on a certain date, if an outside contractor is used, all managerial employees must be in the pool.

26 Facts About Drug and Alcohol Abuse
This information will assist you in recognizing drug abuse in workplace In the U.S. 160 billion is spent on direct & collateral costs for drug users Alcoholism causes 500 million lost workdays each year

27 What is Drug Addiction Addiction is a chronic, often relapsing brain disease that causes compulsive drug seeking and use despite harmful consequences to the individual who is addicted and to those around them. Drug addiction is a brain disease because the abuse of drugs leads to changes in the structure and function of the brain. Although it is true that for most people the initial decision to take drugs is voluntary, over time the changes in the brain caused by repeated drug abuse can affect a person’s self control and ability to make sound decisions, and at the same time send intense impulses to take drugs.

28 What is Drug Abuse Abuse occurs whenever: An illegal drug is used
A legally manufactured drug is taken beyond prescribed dosage or without a prescription Over the counter taken to point of impairment Alcohol used to the point of impairment or exceed the legal definition, or used in amount or at time violated company policy

29 Examples of Real Life Situations
Prescriptions: After called to Random test Company had to terminate employment of employee that took someone else’s prescribed pain killer Medical Marijuana: Company had to terminate employee using pot as a prescription because they had not registered, as required by the state, for the use although they had a prescription from a physician Company terminated employee that refused to let tester watch them urinate (urine not at correct temperature when provided to tester, inclusive or failed first test).

30 Drugs Most Commonly Abused in Workplace
Alcohol Marijuana Cocaine (crack also) Stimulants (amphetamines and similar drugs) Depressants (barbiturates, Quaaludes and tranquilizers such as valium) Narcotics (heroin and painkillers) Hallucinogens (includes PCP and LSD) As a Supervisor—this is KEY: the particular drug being abused is almost irrelevant. You do not need to know which drug you should be able to recognize the changes in an employee that abuses drugs and how those changes affect their performance

31 Symptoms of Abuse There are both Physical and Psychological symptoms
Recognizing symptoms may help identify employees at risk before problem gets too serious or crisis occurs Supervisor’s approach is always based on job performance only NEVER accuse employee of Drug or Alcohol Abuse (could create significant legal exposure) Remember all of the symptoms listed next can have other causes such as family difficulties, medical problems and stress

32 Denial One of most dangerous psychological symptoms
User denies to self and others there is a problem User denies abuse is affecting job performance

33 Symptoms of Abuse Behavioral Emotional Impaired coordination
Slow reaction time Restlessness Declining attention to personal hygiene Irritability Excessive talking Unsteady gait Vomiting Slurred Speech Emotional Aggression Burnout Anxiety Depression Paranoia Denial

34 Symptoms of Abuse-Con’t
Job Performance Frequent absences Habitual lateness Decreased productivity Increased productivity Increased errors Accidents Physical Weight Loss Bloodshot eyes Nose irritation Alcohol on breath Sweating or chills Needle tracks

35 Symptoms of Abuse-Con’t
Toxic Reactions Can result from: High dose Allergic reaction Include Violent behavior Heart attack Seizures, Amnesia, Sores Death

36 Post Impairment Drug Syndrome
There is evidence that symptoms can persist and be permanent even after all drug use has ceased.* Usually results from multiple drug use over time Symptoms include: Inability to cope with much stress Inability to do complex reasoning requiring assimilation of more than one or two facts Inability to complete complex tasks Limited attention span * Does this now create ADA issue (is person disabled and need accommodation?)

37 Enabling Others contribute to abuse by making it possible or easy for abuser to continue abusing Abuser will not stop until made to deal with issue Enabling is part of problem NOT part of the solution Enabling happens when: Supervisors repeatedly let employee function below standards Supervisor lets own fear of guilt or confrontation influence them to ignore problem Supervisor lets personal loyalty to user stop them from taking corrective action Supervisor lets fear of exposing organization to problem prevent them from resolving the problem Supervisors condone or encourage social customs that involve alcohol on the job Co-workers cover up drug and alcohol use Co-workers accept users rationalizations Co-workers lend money to help support drug habit

38 Enabling Supervisor Traps
Sympathy Excuses Apology Diversions Innocence Anger Pity Tears When dealing with workplace alcohol or drug use, there are several traps that supervisors should avoid: Sympathy – Where the employee tries to get you involved in his or her personal problems; Excuses – Increasingly improbable explanations for everything that happens to the employee; Apology – Where the employee is very sorry and promises to change. (“It won’t happen again”); Diversions – Where the employee tries to get you to talk about other issues in life or in the workplace; Innocence – Claims that the employee is not the cause of the problems you observe, but rather the victim. (“It isn’t true.” “I didn’t know.” “Everyone is against me.”) Anger – Where the employee shows physically intimidating behavior or blames others. (“It’s your fault.”) Pity – Where the employee uses emotional blackmail to elicit your sympathy and guilt. (“You know what I’m going through. How can you do this to me now?”); and Tears – Where the employee falls apart and expresses remorse upon confrontation.

39 Company’s Legal Responsibility
Case law has held that companies that do not take reasonable action to counteract drug and alcohol abuse are failing to fulfill their legal obligations To provide safe and secure workplace Employers are legally responsible for actions of employees while on the job Legal obligation to shareholders to protect assets of company

40 Company’s Legal Responsibility
Company has legal obligation to protect Employee Confidentiality Problems will not be made public Conversations with an EAP professional - or other referral agent - are private and will be protected All information related to performance issues will be maintained in his/her personnel file Information about referral to treatment, however, will be kept separately Information about treatment for addiction or mental illness is not a matter of public record and cannot be shared without a signed release from the employee If an employee chooses to tell coworkers about his/her private concerns, that is his/her decisions When an employee tells his/her supervisor something in confidence, supervisors are obligated to protect that disclosure For supervisory referrals to be effective, an employee needs to know that: Problems will not be made public; Conversations with an EAP professional – or other referral agent – are private and will be protected; and All information related to performance issues will be maintained in his/her personnel file.

41 Supervisors’ Responsibilities
Day to day ongoing responsibility for what happens in the workplace Play critical role in counteracting drug and alcohol abuse Responsibility to organization, department, HR department and to the individual employee Don’t demean or label people

42 Supervisors’ Responsibilities
Supervisors form the link between the employee and HR and/or support resources Supervisors are responsible to organization to help reduce costs of abuse by ensuring compliance with the drug and alcohol policies Supervisors are responsible to employees to respect privacy, be fair, evaluate performance regularly and help them be productive Supervisors are responsible to department to provide safe productive work environment To Balance these responsibilities Supervisors can use a tool called Performance Management

43 Limits on Confidentiality
Disclosure of child abuse, elder abuse and serious threats of homicide or suicide as dictated by state law Reporting participation in an EAP to the referring supervisor Reporting the results of assessment and evaluation following a positive drug test Verifying medical information to authorize release time or satisfy fitness-for-duty concerns as specified in company policy Revealing medical information to the insurance company in order to qualify for coverage under a benefits plan Unemployment Office However, there are some limits on confidentiality that may require: Disclosure of child abuse, elder abuse and serious threats of homicide or suicide as dictated by state law; Reporting participation in an EAP to the referring supervisor; Reporting the results of assessment and evaluation following a positive drug test; Verifying medical information to authorize release time or satisfy fitness-for-duty concerns as specified in company policy; and Revealing medical information to the insurance company in order to qualify for coverage under a benefits plan.

44 Performance Management
Focus on job related behavior and performance Allows supervisor to balance rights of individual employees to privacy and fairness and rights of organization to safe productive work place This is a positive and constructive approach Assists Supervisor in recognizing and dealing with problems early Gives Supervisor tools to increase confidence and ability to face unpleasant situations Helps ensure actions are legally sound and defensible Can be used for all management areas—not just suspected drug and alcohol problems

45 Steps of Performance Management
Observe Recognize when work behavior and performance have deteriorated to point of being unsatisfactory Recognize early warning signs (before work performance unsatisfactory), such as significant changes in personal appearance (change of dress or hygiene), sudden personality or mood changes (extrovert becomes introvert, massive mood swings), changed relations with co-workers (never goes to lunch anymore, did not take coffee breaks but now does etc). If observe early signs let employee know you observed change, ask if there is a problem, and note reaction over time, but this not basis for confrontation Document Write down exactly what you observe and how performance is unsatisfactory. Make notes on any discussions you have on issue with employee Prepare Plan a meeting carefully; when, where, who, what etc. Know the goal you are trying to achieve Confront Tell employee your concerns and get a commitment to change Do not engage in discussion of factors employee may use as excuse that are not work related Follow Up Monitor employee’s efforts. If no improvement occurs, take appropriate next step. These steps are the Supervisor Intervention Guidelines for Reasonable Suspicion Testing also

46 Employee Performance Checklist Observe and Document
You may observe the following job related problems and potential problems when employee is abusing drugs or alcohol. This list is not exhaustive and should be used as a guide. Remember: These symptoms can be caused by other issues Guidelines for Observing Employee Performance Pay attention to changes in behavior Focus on Job Performance issue as soon as possible Apply same standards to all employees fairly Don’t let age, seniority, long acquaintance or sympathy deter you from honest evaluation Do not discuss observations with other employees Consult with someone if you need professional advice: HR, Drug administrator personnel

47 Employee Performance Checklist: Categories
Absenteeism or Other Attendance Issues Changes in Personal Habits Productivity and Other Performance Problems Changed Relations with Co-Workers

48 Absenteeism or Other Attendance Issues
Multiple instances of unauthorized absences Excessive sick days Frequent Monday/Friday absences Repeated absences, particularly if they follow a pattern Excessive tardiness especially on Mondays Frequent use of unscheduled vacation days to cover absences Instances of leaving work early Peculiar and increasingly improbable excuses for absences Excessive lateness when returning from breaks, lunch etc.

49 Changes in Personal Habits
Changes in personal appearance Declining attention to personal hygiene Reporting to work in other than normal condition Returning from lunch or dinner in a noticeable different behavior mode Wide swings in morale or mood Excessive use of telephone (engaging in guarded conversations) Receiving unusual or inappropriate visitors at work Creditors complaining to the supervisor or HR Department regarding financial concerns

50 Productivity and Other Performance Problems
Missed deadlines Complaints from users of the employee’s production or work Improbable excuses for poor job performance Wasting materials Alternate periods of high and low productivity Difficulty in recalling instructions, details, deadlines, etc. Difficulty in recalling own mistakes Increasing difficulty in handling complex assignments Jobs take longer to complete than necessary Spasmodic work habits Diminished morning performance Accidents on the job due to carelessness “Peculiar” accidents Accidents off the job that affect job performance

51 Changed Relations with Co-Workers
Over-reaction to real or implied criticism Borrowing money from co-workers Unrealistic resentment to co-workers Complaints from co-workers Avoidance of Associates Increasingly argumentative with co-workers Excessive talking with co-workers

52 Documentation Supervisor must keep a written record of observations and discussions of employee job performance: Observation alone cannot form basis of performance management approach Documentation serves several important purposes: Prevents your word against mine situation If it is not documented it did not happen Gives employee specific evident of their performance Helps supervisor recognize pattern of problem behavior Confrontation is never pleasant but when documented problems build it is harder to avoid doing what needs to be done Document performance issues of all employees—not just those you suspect of having a drug problem. Store in safe secure place for confidentiality Use Employee discipline forms if you have them

53 Confrontation (General)
Must Confront when problem Employee has right to know and have chance to comment and correct problem (for government employees this is part of JUST CAUSE) Company has right to expect satisfactory performance Purpose Get employee to understand there is a performance problem that needs to be corrected Be Well Prepared Best chance meeting will be constructive and positive Get mentally ready Set stage, when, where, who Anticipate what to expect

54 Confrontation Preparation Checklist
Getting Yourself Ready What are personal feelings about employee Accept feelings and focus on being detached and objective Consult with someone for advice (more experience supervisor, HR, EAP staff) Recognize if you feel anxious or nervous-this is normal Make notes of what you are going to say and have documentation ready Setting the Stage Meet with you and employee and have witness if necessary Arrange for private meeting place with no interruptions Identify best time of day for meeting considering employee’s current work habits and schedule Allow sufficient time for meeting and set a time limit Make appointment with employee “to discuss matter of importance”. Do not get sucked into discussing that matter then or describing it in more detail Don’t make appointment too far in advance, this just makes you and employee more nervous

55 Confrontation Preparation Checklist
Anticipating Employee’s Reaction Think about situation from employee’s perspective Employee will likely be defensive, hostile, upset Think of ways to get past reactions to ensure employee hears and understands message. “Your job performance has deteriorated and you face serious consequences if the problems are not resolved”

56 Confrontation Preparation Checklist
Prior to Confrontation Meeting write down what you will say to each of these areas: What is the problem What must be done to correct problem and by when What are the consequences if the employee does not improve Give employee chance to explain If employee tells you there is a drug and/or alcohol problem have list of resources where employee can get help.

57 Confrontation Meeting
Tell employee about job performance. Use documentation. Ask employee to explain behavior Define what must be done to correct performance problem and set time frame Get employee to acknowledge performance problem if you can. Documentation of past issues can help employee recognize problem Obtain Employee’s commitment in writing (if possible) problem will be corrected Emphasize consequences if problem not corrected If employee states personal problems are the cause for poor performance urge employee to seek assistance and explain what is available. Make sure to tell employee decision to seek assistance is up to them but that decision to seek help is not substitute for improving job performance

58 Confrontation: General Don’ts for Supervisors
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 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 DON’T Provide counseling or therapy DON’T Be a police officer Meanwhile, DON’T try to diagnose the problem; DON’T moralize. Limit your comments to job performance and conduct issues only; DON’T discuss alcohol and drug use. Stick strictly to the topic of performance; DON’T be misled by sympathy-evoking tactics; DON’T cover up. If you protect people, it enables them to stay the same; and finally, DON’T make threats that you do not intend to carry out. If you threaten disciplinary action, you must follow through.

59 Confrontation: General Dos for Supervisors
DO emphasize that you only are concerned with work performance or conduct DO have documentation or performance in front of you when you talk with the employee DO remember that many problems get worse without assistance DO emphasize that conversations with an EAP, if applicable, are confidential DO explain that an EAP, if applicable, is voluntary and exists to help the employee DO call an EAP, if applicable, to discuss how to make a referral To re-cap, there are several drug-free workplace “dos and donts” for supervisors: DO emphasize that you only are concerned with work performance or conduct; DO have documentation or performance in front of you when you talk with the employee; DO remember that many problems get worse without assistance; DO emphasize that conversations with the EAP, if applicable, are confidential; DO explain that the EAP, if applicable, is voluntary and exists to help the employee; and DO call the EAP, if applicable, to discuss how to make a referral.

60 Confrontation-Follow Up
Confrontation Meeting is not the end. Document meeting, continue to observe and document performance Do follow up meeting Address whether performance better or continues to deteriorate If same or deteriorated further, do another confrontation meeting, decide if factors merit reasonable suspicion drug testing (second supervisor with training must concur) Additional disciplinary action

61 Reasonable Suspicion Two supervisors with training must independently agree there are signs employee is abusing drugs or alcohol You observe signs of abuse (listed above) You have documented signs You have confronted employee and asked for explanation You still feel problem may be drug or alcohol related: Thank employee for explanation and that you will document what they said and then say: “We still need to have a drug or alcohol test conducted as part of our fact-finding procedures. Take employee immediately to the testing site. Do not let them drive themselves. While waiting for test, monitor employee 100% of time. Do not allow employee to put anything in their mouths. Do not let employee smoke before test. Once test complete have employee driven home. If they refuse notify police they may be dangerous. Be prepared for excuses and trying to avoid taking the test I have to pick up my child from school I have a dentist appointment You can’t make me (if they say this say “you are right I can’t make you but it is required by policy and if you don’t go I will have to terminate you for violating policy”.

62 Handling Potential Crisis Situations
Distinguishing between a crisis situation and a performance problem Crisis situations are less common than performance problems and can consist of: Dangerous behavior Threatening behavior Obvious impairment Possession of alcohol and other drugs on company property or during work hours Illegal activity It is important that you be familiar with your organization’s Drug-Free Workplace Policy when attempting to deal with highly-charged situations that may involve alcohol and drugs. If possible, when dealing with an employee suspected of alcohol and/or other drug use, a supervisor should call in another supervisor or manager who can act as a reliable witness. One of a supervisor’s first responsibilities when dealing with drugs and alcohol in the workplace is to distinguish between a crisis situation and a performance problem. It is important to note that crisis situations are less common than performance problems. Crisis situations can consist of: Dangerous behavior; Threatening behavior; Obvious impairment; Possession of alcohol and other drugs; and Illegal activity.

63 Crisis Situations ACT IMMEDIATELY
Analyze situation and contact supervisor and HR immediately What exactly did you see or were told Does there appear to be illegal activity involved, policy violations, etc. Is there a group of employees involved or single individual Does the incident involve strangers on company property (call police) Are there reliable witnesses If you intervene now are you putting yourself in danger or making situation worse Is there specific Company procedure that addresses situation Do you need expert assistance Do Not Ignore Situation Legal obligation to Act Negative business consequences It won’t go away if ignored

64 Crisis Situations Options
Observe situation You may decide it is best for you to observe and then contact management to assist in developing course of action Confront If safe and effective confront individual involved. See later slide Refer Notify supervisor and HR Test If you have reasonable suspicion employee violating substance abuse policy (and have second supervisor confirm also) ask employee to take drug test immediately. Drive employee to testing site yourself. Suspend Suspend employee pending further investigation. If appears employee is under the influence or impaired don’t let them drive. Drive employee home. If you let them drive knowing they are impaired and they hurt someone company will be held legally responsible Watch If appropriate to do nothing immediately watch employee’s performance more carefully. What ever action is taken ALWAYS NOTIFY YOUR SUPERVISOR, HR AND DOCUMENT THE INCIDENT

65 Confronting Employee in Drug Crisis Situation
If you find drugs, drug paraphernalia or alcohol Ask employee to relinquish items. You can’t do anything if they refuse. If give you items give to authorities Take employee to private area with another supervisor as witness Tell them your suspicion and get employee’s explanation Notify your supervisor—they will decide whether or not to contact police Send employee home pending investigation, take them home if impaired. OR take for drug test (if meet reasonable suspicion criteria) Document incident

66 Employee Excuses Be prepared for any excuse
Illegal to make me take drug test What I do on my own time is my business Those test are not accurate I Can’t urinate if someone watching

67 Summary Identify and investigate crisis situations
Recognize workplace problems that may be related to alcohol and other drugs Intervene in problem situations Refer employees who have problems with alcohol and other drugs Protect employee confidentiality Continue to supervise employees who have been referred to assistance Avoid enabling and common supervisor traps To conclude, I hope this presentation has shed some light on the value of drug-free workplaces and the role that supervisors can play in achieving them. As you go about your supervisory duties, always remember the following as critical steps toward a safe, drug-free workplace environment: Identify and investigate crisis situations; Recognize workplace problems that may be related to employee use of alcohol and other drugs; Intervene in problem situations; Refer employees who have problems with alcohol and other drugs; Protect employee confidentiality; Continue to supervise employees who have been referred to assistance related to problems with alcohol and other drugs; and Avoid enabling and common supervisor traps. Thanks very much for your time and attention today. Remember, additional information on drug-free workplaces is available on the U.S. Department of Labor’s Working Partners for an Alcohol- and Drug-Free Workplace program Web site. Are there any questions?

68 Types of Drugs and Related Issues
Marijuana Symptoms of Use Reddened eyes, slowed speech, odor on cloths, fatigue, cough, increased appetite, excessive chewing gum or talking, dream-like state, slower response time, reduced ability to concentrate on tasks, impaired short term memory, personal problems (family, legal, financial), increased health problems Of Note THC stores in body fat and releases over long period of time. Pot today is much stronger than even 10 years ago.

69 Types of Drugs and Related Issues
Cocaine Symptoms of Use Reduced appetite, excessive thirst, hyperactive, mood swings, irritability and agitation, increased talkativeness, faster speech, paranoid, aggressive, financial, personal, work problems, memory problems grandiose statements, periods of depression, runny nose, always sniffing, dilated pupils Of Note Affects entire nervous system. Addiction can occur rapidly. Small doses can cause overdose effects.

70 Types of Drugs and Related Issues
Amphetamines Symptoms of Use Reduced appetite, excessive thirst, hyperactive, mood swings, irritability and agitation, increased talkativeness, faster speech, paranoid, aggressive, financial, personal, work problems, memory problems grandiose statements, periods of depression, runny nose, always sniffing, dilated pupils Of Note Known as meth and speed. Very addictive. Gives sense of increased energy. Used at work to stay awake. Increased heart attacks and strokes.

71 Types of Drugs and Related Issues
Opiates Symptoms of Use Extreme lethargy, reduced motor coordination, over relaxation of muscles, drowsiness/sleep, distorted impaired thought processes, difficulty with memory, loses time, exhibits euphoria, reduced pain threshold, constricted pupils, needle marks. Of Note Prescribed Opiates are legal drugs, but they still affect performance. Employees should report use of any opiate.

72 Types of Drugs and Related Issues
PCP Symptoms of Use Increased saliva and sweat, disassociation from reality, pain, sense of time, inability to feel pain, lack of concentration and memory, disorganized thought process, hostile aggressive bizarre behavior, movements stiff and rigid, depression Of Note PCP is both a depressant and hallucinogen. This can cause users to freak out which is very dangerous. This is not seen as much in the work place as in the past.

73 Types of Drugs and Related Issues
Alcohol Symptoms of Use Slurred speech, difficulty focusing, impaired coordination, slower response time, staggering, breath odor, impaired mental reasoning and decision making, increased health problems, difficulty remembering and following directions, Personality changes. Of Note Brain impairment begins with a BAC of usually does not show signs of impairment. For reasonable suspicion testing do it quickly. Alcohol rapidly dissipates from system.

74 Reasonable Cause Observation Checklist
_________________________________________________________________ Employee Period of Evaluation ________________________________________________________________ Supervisor #1 Name and Telephone Number This checklist is intended for internal use to assist the supervisor in referring a person for drug testing. Check the list below. Put a “D” if documentation exists. 1. Quality and Quantity of Work Yes No ___ ____ 1. Clear refusal to do assigned tasks ___ ____ 2. Significant increase in errors ___ ____ 3. Repeated errors in spite of increased guidance ___ ____ 4. Reduced quantity of work ___ ____ 5. Inconsistent, up and down quantity/quality of work ___ ____ 6. Behavior that disrupts work flow ___ ____ 7. Procrastination ___ ____ 8. More than usual supervision necessary ___ ____ 9. Frequent unsupported explanations for poor work performance ___ ____ 10. Noticeable change in written or verbal communication ___ ____ 11. Other (please explain) ______________________________________

75 Reasonable Cause Observation Checklist
B. Interpersonal Work Relationships Yes No ___ ____ 1. Significant changes in relations with co-workers ___ ____ 2. Frequent or intense arguments ___ ____ 3. Verbal abusiveness ___ ____ 4. Physical Abusiveness ___ ____ 5. Persistently withdrawn from people ___ ____ 6. Intentional avoidance of supervisor ___ ____ 7. Expressions of frustration or discontent ___ ____ 8. Change in frequency or nature of complaints ___ ____ 9. Complaints by Co-workers or subordinates ___ ____ 10. Cynical, distrustful comments ___ ____ 11. Unusually sensitive to advice or critique of work ___ ____ 12. Unpredictable response to supervision ___ ____ 13. Passive aggressive attitude or behavior

76 Reasonable Cause Observation Checklist
C. General Job Performance Yes No ___ ____ 1. Excessive unauthorized absences (# in last 12 months) ___ ____ 2. Excessive authorized absences (# in last 12 months) ___ ____ 3. Excessive use of sick leave in last 12 months ___ ____ 4. Frequent Monday/Friday absences ___ ____ 5. Frequent unexplained disappearances ___ ____ 6. Excessive extension of breaks or lunch ___ ____ 7. Frequently leaves work early-number of days per week or month ___ ____ 8. Increased concern about actual incidents, safety offenses involving employee ___ ____ 9. Experiences or causes job accidents ___ ____ 10. Major change in duties or responsibilities ___ ____ Interferes with or ignores established procedures ___ ____ Inability to follow through on job performance recommendations

77 Reasonable Cause Observation Checklist
D. Personal Matters Yes No ___ ____ 1. Changes in or unusual personal appearance (dress, hygiene) ___ ____ 2. Changes in or unusual speech (incoherent, stuttering, loud) ___ ____ 3. Changes in or unusual physical mannerisms (gestures, posture) ___ ____ 4. Changes in or unusual facial expressions ___ ____ 5. Changes in or unusual level of activity-(much reduced or increased) ___ ____ 6. Changes in or unusual topics of conversation ___ ____ 7. Engages in detailed discussions of death, suicide, harming others ___ ____ 8. Increasing irritability or tearful ___ ____ 9. Persistently boisterous ___ ____ 10. Unpredictable or out of context displays of emotion ___ ____ Unusual fears ___ ____ Lack of appropriate caution ___ ____ Engages in detailed discussion about obtaining using drugs or alcohol ___ ____ 14. Has personal relationship problems ___ ____ Has received professional assistance for emotional /physical problems ___ ____ Makes unfounded accusations towards others ___ ____ Secretive or furtive ___ ____ Memory problems

78 Reasonable Cause Observation Checklist
D. Personal Matters Yes No ___ ____ Frequent colds, flu, excessive fatigue ___ ____ Frequent lies ___ ____ Makes unreliable or false statements ___ ____ Unrealistic self appraisal or grandiose statements ___ ____ Temper tantrums ___ ____ Demanding, rigid, inflexible _______________________________________________________________ Other concerns –be specific and add additional sheets if necessary ___________________________ ____________________________ Supervisor #1-Date Supervisor #2-Date

79 Training Acknowledgment
Class: Supervisor Substance Abuse Training I, ______________________, certify that I attended training or studied the Supervisor Drug Awareness and Reasonable Suspicion Training Class materials. The materials covered at least one hour applicable to Alcohol abuse and one hour of Drug abuse, symptoms, general policies and reasonable suspicion training. ____________________________ _______________ Print Name Date ____________________________ Signature

80 Contact person for explanations:
Bruce Holmes


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