1. Multnomah County Drug and Alcohol Policy Training Jim Younger Drug and Alcohol Policy Coordinator Labor Relations Kitty Miller Training Manager Talent Development

2. Learning Objectives Upon completion of this class, participants should be able to: Understand Multnomah County’s Alcohol and Drug Policy; Explain key terms such as “under the influence,” “reasonable suspicion,” and “fitness for duty;” Recognize the signs and symptoms of problem substance use in the workplace; Identify resources for counseling and treatment.

3. True or False? In 2006, Oregon’s per capita drug use exceeded the national per capita average.

4. True or False? Oregon is listed as one of the top seven marijuana- producing states in the country.

5. True or False? Methamphetmine is the fastest growing type of substance abuse, both nationally and in Oregon.

6. True or False? Most self-reported alcohol and drug abusers work full or part-time.

7. True or False? It is estimated that 10% of the American workforce (full and part-time employees) regularly abuse or are dependent on alcohol or drugs.

8. True or False? In studies of workplace substance use by industry, government employees had the highest rates of problem substance use.

9. True or False? Problem alcohol and drug use is significantly correlated with job dissatisfaction.

10. True or False? Unemployed people drink and/or use more.

11. True or False? Employees who work in organizations with clear prohibitive polices about drug and alcohol had lower rates of drug use and heavy drinking.

12. True or False? Most people who would benefit from drug or alcohol treatment do not recognize that they have a problem.

13. Why do we have a policy? Drug Free Workplace Act of 1988 Drug Free Workplace Act of 1988 Safe and productive working environment Safe and productive working environment Public perception Public perception Guidelines and consistency Guidelines and consistency

14. The Rules Non-Represented - PR 4-50 Non-Represented - PR 4-50 Electrical Workers/Local 48 – Addendum D Electrical Workers/Local 48 – Addendum D FOPPO – Addendum D FOPPO – Addendum D Local 88 – Addendum H Local 88 – Addendum H Juvenile Custody - Addendum D Juvenile Custody - Addendum D MCCDA – Article 12, Section 10 MCCDA – Article 12, Section 10 MCDSA – Article 11, Section H MCDSA – Article 11, Section H ONA – Addendum C ONA – Addendum C Operating Engineers/701 – Addendum E Operating Engineers/701 – Addendum E Painters/Local 1094 – Addendum E Painters/Local 1094 – Addendum E

15. Basic work rules Employees must not: Consume, possess, or manufacture illegal drugs or drug paraphernalia while on County premises or while off County premises doing County work Consume, possess, or manufacture illegal drugs or drug paraphernalia while on County premises or while off County premises doing County work Consume or possess alcohol while on County premises or while off County premises doing County work (note: exception for gifts) Consume or possess alcohol while on County premises or while off County premises doing County work (note: exception for gifts) Distribute, dispense, or sell prescription medications (except if part of job duties) Distribute, dispense, or sell prescription medications (except if part of job duties) Possess or consume medications without a valid prescription Possess or consume medications without a valid prescription Render themselves unfit to fully perform work duties because of the use of alcohol or illegal drugs or because of the abuse of prescription or non-prescription drugs Render themselves unfit to fully perform work duties because of the use of alcohol or illegal drugs or because of the abuse of prescription or non-prescription drugs

16. Where do the rules apply? Any drug and alcohol usage: On County property or parking lots (owned or rented) On County property or parking lots (owned or rented) In County vehicles In County vehicles While using County property While using County property Anywhere while on duty Anywhere while on duty

17. When can employees be tested? All employees may be tested: Based on reasonable suspicion of being “under the influence” of alcohol or drugs Based on reasonable suspicion of being “under the influence” of alcohol or drugs Before returning to work after testing positive for being under the influence Before returning to work after testing positive for being under the influence Randomly as provided for in a Last Chance Agreement (LCA) Randomly as provided for in a Last Chance Agreement (LCA)

18. When must CDL holders be tested? Pre-employment Pre-employment Random Random Post-Accident Post-Accident Reasonable Suspicion Reasonable Suspicion Return to Duty Return to Duty

19. Under the Influence Alcohol Alcohol Non-CDL holders -.04% Non-CDL holders -.04% CDL Holders -.02% CDL Holders -.02% Drugs – presence of controlled substances at or above the DOT levels for CDL holders Drugs – presence of controlled substances at or above the DOT levels for CDL holders THC THC Cocaine Cocaine Opiates Opiates PCP PCP Ethanol Ethanol Amphetamines Amphetamines

20. Reasonable suspicion Reasonable suspicion is a set of objective and specific observations or facts which lead a supervisor to suspect that an employee is under the influence of drugs, controlled substances, or alcohol

21. Notice of Reasonable Suspicion The supervisor should orally articulate the facts which form the basis for believing the employee is under the influence The supervisor should orally articulate the facts which form the basis for believing the employee is under the influence Upon request, and within forty-eight (48) hours of the oral determination, the supervisor shall provide the employee with the reasons for the reasonable suspicion in writing Upon request, and within forty-eight (48) hours of the oral determination, the supervisor shall provide the employee with the reasons for the reasonable suspicion in writing

22. What does problem substance use look like in the workplace?

23. Physical Signs Loss of appetite, increase in appetite, any changes in eating habits, unexplained weight loss or gain. Slowed or staggering walk; poor physical coordination. Inability to sleep, awake at unusual times, unusual laziness. Red, watery eyes; pupils larger or smaller than usual; blank stare. Cold, sweaty palms; shaking hands. Puffy face, blushing or paleness. Smell of substance on breath, body or clothes. Extreme hyperactivity; excessive talkativeness. Runny nose; hacking cough. Needle marks on lower arm, leg or bottom of feet. Nausea, vomiting or excessive sweating. Tremors or shakes of hands, feet or head. Irregular heartbeat.

24. Behavioral Signs Change in overall attitude/personality with no other identifiable cause. Frequent accidents and mistakes Difficulty in paying attention; forgetfulness General lack of motivation, energy, self-esteem, “I don't care” attitude. Moodiness, irritability, volatility or nervousness. Silliness or giddiness. Paranoia Secretive or suspicious behavior. Chronic dishonesty. Unexplained need for money, stealing money or items. Change in personal grooming habits. Possession of drug paraphernalia.

25. Testing methodology – DOT Standards Testing procedures for all employees are governed by DOT standards for CDL holders

26. Taking the employee for testing Supervisors should accompany the employee to the testing site and make arrangements to transport the employee home Supervisors should accompany the employee to the testing site and make arrangements to transport the employee home Supervisors can take a County vehicle, their personal vehicle or arrange for a driver (i.e. taxi or shuttle service) Supervisors can take a County vehicle, their personal vehicle or arrange for a driver (i.e. taxi or shuttle service) The employee is placed on paid administrative leave until the test results are received The employee is placed on paid administrative leave until the test results are received

27. Cooperation with policy Employees must not interfere with the administration of the policy; can not taint or substitute urine sample, falsify information, or fail to cooperate with tests to determine the presence of alcohol or drugs Employees must not interfere with the administration of the policy; can not taint or substitute urine sample, falsify information, or fail to cooperate with tests to determine the presence of alcohol or drugs Employees must respond fully and accurately to the MRO and authorize the MRO to contact their health care providers upon request Employees must respond fully and accurately to the MRO and authorize the MRO to contact their health care providers upon request Employees must provide within twenty-four (24) hours of request a current valid prescription in the employee’s name for any drug or medication which the employee alleges gave rise to reasonable suspicion of being under the influence of alcohol or drugs Employees must provide within twenty-four (24) hours of request a current valid prescription in the employee’s name for any drug or medication which the employee alleges gave rise to reasonable suspicion of being under the influence of alcohol or drugs

28. The MRO and test results MRO issues test results to Labor Relations MRO issues test results to Labor Relations MRO makes three (3) attempts to contact employees to discuss positive test results before reporting results to the County MRO makes three (3) attempts to contact employees to discuss positive test results before reporting results to the County MRO may change positive results to negative if the employee has a valid prescription that provides a medically legitimate reason for the test result (i.e. positive for Opiates and have a prescription for Morphine ) MRO may change positive results to negative if the employee has a valid prescription that provides a medically legitimate reason for the test result (i.e. positive for Opiates and have a prescription for Morphine )

29. Employee appeals Employees have five (5) days to file an appeal after receiving the results from Labor Relations Employees have five (5) days to file an appeal after receiving the results from Labor Relations The result of the retest is final The result of the retest is final Failure to appeal is deemed acceptance of the results Failure to appeal is deemed acceptance of the results Retests are limited to drug tests using the original specimen (“A” Bottle and “B” Bottle) Retests are limited to drug tests using the original specimen (“A” Bottle and “B” Bottle) No appeals for breathalyzers; results are validated at the time of the test No appeals for breathalyzers; results are validated at the time of the test Retests are done at the employee’s expense Retests are done at the employee’s expense

30. Discipline A positive test result for drugs and/or alcohol in violation of our policy is considered a terminable offense A positive test result for drugs and/or alcohol in violation of our policy is considered a terminable offense Non-probationary employees may be offered a Last Chance Agreement (LCA) in lieu of termination Non-probationary employees may be offered a Last Chance Agreement (LCA) in lieu of termination LCAs are not offered if there is any misconduct associated with the positive test result LCAs are not offered if there is any misconduct associated with the positive test result Employees are only eligible once for a LCA; repeat violations result in termination Employees are only eligible once for a LCA; repeat violations result in termination Certain duties imply a higher standard of accountability (i.e. law enforcement, working with minors, dispensing medications, CDL holders, etc.) Certain duties imply a higher standard of accountability (i.e. law enforcement, working with minors, dispensing medications, CDL holders, etc.)

31. Required treatment programs Employees must: Complete any assessments or treatment programs that are required as part of a Last Chance Agreement (LCA) after violating the policy; failure to complete the program subjects the employee to further discipline, including termination Complete any assessments or treatment programs that are required as part of a Last Chance Agreement (LCA) after violating the policy; failure to complete the program subjects the employee to further discipline, including termination Sign a waiver authorizing treatment providers to speak with HR to verify successful completion of treatment programs Sign a waiver authorizing treatment providers to speak with HR to verify successful completion of treatment programs

32. Testing employees on a LCA Labor Relations uses a random date generator to schedule tests over a period of two (2) years Labor Relations uses a random date generator to schedule tests over a period of two (2) years Labor Relations will notify the supervisor on the day of the random test to direct the employee to testing Labor Relations will notify the supervisor on the day of the random test to direct the employee to testing Once an employee is notified s/he is directed to go to testing, the employee must do so immediately Once an employee is notified s/he is directed to go to testing, the employee must do so immediately Supervisors do not need to accompany employees to the testing facility and employees are allowed to return to work pending the test results Supervisors do not need to accompany employees to the testing facility and employees are allowed to return to work pending the test results

33. Weingarten rights Employees have the right to union representation during investigatory interviews that could lead to discipline Employees have the right to union representation during investigatory interviews that could lead to discipline A drug and alcohol test is not an investigatory interview therefore Weingarten rights do not attach A drug and alcohol test is not an investigatory interview therefore Weingarten rights do not attach

34. Employee fitness for duty responsibilities Employees must: Inform themselves of the effects of prescription and non-prescription medications Inform themselves of the effects of prescription and non-prescription medications Not render themselves unfit to fully perform work duties because of use of alcohol, illegal drugs, prescription and non-prescription drugs Not render themselves unfit to fully perform work duties because of use of alcohol, illegal drugs, prescription and non-prescription drugs Not be absent due to usage unless a part of a rehab program while on FMLA/OFLA Not be absent due to usage unless a part of a rehab program while on FMLA/OFLA

35. Fitness for duty and safety Employees must notify their supervisor in advance, by completing the Drug and Alcohol Policy Notification Form, when their usage of medications may impair their ability to perform essential functions of their position that will result in a direct threat to themselves or others Employees must notify their supervisor in advance, by completing the Drug and Alcohol Policy Notification Form, when their usage of medications may impair their ability to perform essential functions of their position that will result in a direct threat to themselves or others Employees who drive as a part of their job should report when they are taking any medication that may impair their ability to drive Employees who drive as a part of their job should report when they are taking any medication that may impair their ability to drive Supervisors must determine whether there is a safety risk; if unable to make determination then request information from health care provider or send employee for an independent medical exam Supervisors must determine whether there is a safety risk; if unable to make determination then request information from health care provider or send employee for an independent medical exam

36. How are prescription drugs abused? Using other people’s prescriptions Out-dated prescriptions Taking a larger dose than prescribed Taking the drug for too long Taking the drugs along with others

37. Points to Remember Employees should: Understand medicines react differently with each person Talk to their health care provider about the effects medicines Tell their health care provider what other medicines they are already taking Read labels and insert sheets that come with most medicines Take the right dose at the right time by the right route of administration Never take someone else’s medicine Check the alcohol content of the medicine

38. FMLA/OFLA and ADA Employees who have a dependency on drugs and alcohol are encouraged to seek treatment Employees who have a dependency on drugs and alcohol are encouraged to seek treatment Many employees who seek treatment will qualify for FMLA/OFLA Many employees who seek treatment will qualify for FMLA/OFLA Employees who have a dependency, have sought treatment (or are otherwise rehabilitated), and are no longer using are qualified individuals under the ADA; this may require reasonable accommodation to allow them to participate in group therapy and other treatment programs Employees who have a dependency, have sought treatment (or are otherwise rehabilitated), and are no longer using are qualified individuals under the ADA; this may require reasonable accommodation to allow them to participate in group therapy and other treatment programs

39. Medical documentation Any documentation related to an employee’s dependency on drugs or alcohol, usage of prescription drugs, and drug and alcohol testing should be kept in confidential medical files in your department human resources office and Labor Relations

40. Violations of law Employees must disclose promptly (upon the next working day) to their supervisor: All drug or alcohol related arrests, citations, convictions, guilty pleas, no contest pleas or diversions which resulted from conduct which occurred while on duty, on County property or in a County vehicle All drug or alcohol related arrests, citations, convictions, guilty pleas, no contest pleas or diversions which resulted from conduct which occurred while on duty, on County property or in a County vehicle Any other violation of laws regulating the use of alcohol and controlled substances which adversely affects the employee’s ability to perform major job functions Any other violation of laws regulating the use of alcohol and controlled substances which adversely affects the employee’s ability to perform major job functions

41. Gifts of Alcohol Employees may bring alcohol to work in sealed containers for gift purposes Employees may bring alcohol to work in sealed containers for gift purposes Employees must notify their supervisor when bringing a gift of alcohol to work Employees must notify their supervisor when bringing a gift of alcohol to work

42. Avoiding Enabling What is ENABLING? What steps can employees take to avoid enabling?

43. What is ENABLING? Covering up, Rationalizing the employee’s behavior, Avoiding the employee, Blaming one’s self for the person’s use, Trying to take responsibility for the person’s use, Making idle threats and not following through.

44. Scenario Facts: A non-CDL holding employee has one beer at lunch off of County premises. He is 250 lbs and knows he can drink a beer without registering a.04% BAC level. Questions: 1. Has the employee violated the County’s alcohol policy? 2. What if the employee was traveling in a County vehicle before and after lunch? 3. What if the employee was on a paid lunch period? 4. Are there other personnel rules that the employee may be violating? 5. What should the supervisor do if the employee returns to work smelling like alcohol, but states he has only consumed one beer and doesn’t appear to be under the influence?

45. Personnel Rule 3-10-020 (C) Employees must follow all safety regulations including wearing safety articles and using protective equipment. Employees must immediately report safety hazards, accidents or injury to their supervisor. (E) Employees must relate to the public and other employees in a courteous, respectful and professional manner. (J) Employees must report for and remain at work only in a fit physical and mental condition that enables them to perform their regular duties. (L) Employees must not engage in conduct that reflects discredit on the county while on duty, while wearing a uniform or insignia that identifies them as county employees, while in a county vehicle, or while on county premises. (O) Employees must not possess unauthorized firearms, weapons, illegal drugs or intoxicating beverages while on duty, while wearing a uniform or insignia that identifies them as county employees, while in a county vehicle, or while on county premises.

46. County Resources Drug and Alcohol Policy webpage on the MINT Drug and Alcohol Policy webpage on the MINT Employee Assistance Program Employee Assistance Program Peer Support Program Peer Support Program Department Human Resources Unit Department Human Resources Unit Labor Relations Labor Relations

47. Multnomah County Drug and Alcohol Policy Training for Managers Jim Younger Drug and Alcohol Policy Coordinator Labor Relations Kitty Miller Training Manager Talent Development Questions?