Supervisor Drug Awareness and Reasonable Suspicion Training Class Puiggari & Associates Consulting...

Supervisor Drug Awareness and Supervisor Drug Awareness and

Reasonable Suspicion Reasonable Suspicion

Training ClassTraining Class

Puiggari & Associates Consulting Services, PLLC

Fall 2013

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Objectives of TrainingObjectives of Training

• 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 - process2

At the end of the training Supervisors should understand:

At the end of the training, At the end of the training,

Supervisors should know how to: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

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TRAINING –WHY?TRAINING –WHY?• DOT MANDATED*

o Any employer that has employees with CDL is governed by DOT regulations

o 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

o DOT regulations require all new supervisors have 2 hours of drug and alcohol awareness training.

o Supervisors must certify they received this training. These certifications should be kept by your HR department and by you.

o DOT audit complianceo Reasonable Suspicion Testing requires Supervisor with training

independently ascertain there are signs requiring reasonable suspicion testing. Second supervisor with training must concur

o Drug and Alcohol use and abuse costs Businesses A lot of Money

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Cost of Drug AbuseCost of Drug AbuseINCREASED COSTS IS THE BOTTOM LINE

• Loss of Productivity and efficiency o $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

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USAUSA• Major Market Place• 75% elicit drugs consumed in USA originate

abroad

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Training Sections:Training Sections:Outline Outline

• General Requirement of Most Policies: Ins and Outs o Follow DOT regulations

• Facts Regarding Drug and Alcohol Abuse• How to Recognize Symptoms• Actions to take Once Problem is Recognized

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The Drug and Alcohol Policies: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

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MT LAWMT LAW• If test

o Policy must be at least as stringent as Federal law

o Hard to administero Expensive to administer

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The Drug and Alcohol Policies The Drug and Alcohol Policies

Explain: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

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Drug and Alcohol PoliciesDrug 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

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Drug and Alcohol PoliciesDrug and Alcohol Policies

Describe: Describe: • Tests

o Pre-employment-Alwayso Random-all or some employees o Reasonable Suspicion o Accident o Return to work

• Policy must be in Handbook and available to employee. o Policy must be posted or available in hardcopy at each office.

• Random Pool. o You choose % of employees

You choose how often tested

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Seasonal Layoffs and Seasonal Layoffs and PoolPool

• 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.

Drug and Alcohol PoliciesDrug and Alcohol Policies• Alcohol Abuse

o Use of Alcohol at work at any time is prohibitedo Point of Impairment

• Employee Confidentialityo 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. o Government agencies can be told. Ex. Unemployment office if this is

the reason for termination

• Illegal drug use prohibitedo 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

o There are a variety of resources available to employees that need assistance.

• EAP’s• State Rehabilitation Programs• AA etc.

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Drug and Alcohol PoliciesDrug and Alcohol Policies• When the employee is given the paperwork they must go to the testing facility within

30 minuteso 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 Positiveo Employee contacted by MRO (medical review officer)o MRO explores reasons for positive result. o If legal explanation, test result changed to negativeo If positive result stands Employer is notifiedo Employee notified and terminatedo Employee has right, at own cost, to have split sample testedo From same urine, sent to different lab

• Terminated Employee (not pre-employment test)o Right to attend Rehabilitationo Assigned to SAP (Substance Abuse Councilor) who designs program and is

employee’s contacto If SAP certifies successful completion of rehabilitation program, employee

eligible rehire and eligible for hire any other DOT regulated employer. Failed test /failure refusal

o Employee must pay for rehabilitation program o Employee will be tested at least 6 times next 12 months and must pay for follow

up testing

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Requests for Prior Drug/Alcohol Testing Requests for Prior Drug/Alcohol Testing

ResultsResults• 49 CFR Part 40.25 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 http://www.dot.gov/odapc/documents/EmployerGuidelinesOctober012010.pdf 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.

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http://www.dot.gov/odapc/documents/EmployerGuidelinesOctober012010.pdf

http://www.dot.gov/odapc/documents/EmployerGuidelinesOctober012010.pdf

Requests for Prior Drug/Alcohol Testing ResultsRequests 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

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Requests for Prior Drug/Alcohol Testing Requests for Prior Drug/Alcohol Testing

ResultsResults

• 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).

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Results of Failed TestResults of Failed Test• Terminate or Not:

o DOT does not mandate termination or other employment actiono However, Employee that fails test must immediately be removed

from Safety sensitive position (any driving requiring CDL) §382.501

• 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.

o 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: http://www.dot.gov/odapc/NEW_DOCS/part40.html

o Employer must ensure employee that returns follows additional testing requirements if SAP required those (ex. Drug test once a month for 12 months)

o Employer need not offer rehab program option

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Failed TestFailed 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;

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.

Return to Duty Return to Duty ProcessProcess

• LAW: Employers are not required to provide Substance Abuse Profssionals and treatment services to employees.

o The policy must state if the employee or employer pays for the programs.

o 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.

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MT Law-Who can be testedMT Law-Who can be tested

• 1) 39-2-206 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 39-2-206(10) prospective employee is defined as an applicant and under 39-2-208 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.

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MT law MT law

• Also under 39-2-206 (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.

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MT lawMT law

39-2-208• 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.

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Facts About Drug Facts About Drug and Alcohol Abuseand 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

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What is Drug What is Drug AddictionAddiction

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.

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What is Drug AbuseWhat is Drug Abuse• Abuse occurs whenever:

o An illegal drug is usedo A legally manufactured drug is taken beyond prescribed dosage or

without a prescriptiono Over the counter taken to point of impairmento Alcohol used to the point of impairment or exceed the legal definition,

or used in amount or at time violated company policy

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Examples of Real Life Examples of Real Life SituationsSituations

• 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).

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Drugs Most Commonly Abused Drugs Most Commonly Abused

in Workplacein 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:o the particular drug being abused is almost irrelevant. You do

not need to know which drugo you should be able to recognize the changes in an employee

that abuses drugs and how those changes affect their performance

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Symptoms of AbuseSymptoms 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)o Remember all of the symptoms listed next can have other causes such

as family difficulties, medical problems and stress

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DenialDenial

• One of most dangerous psychological symptoms

• User denies to self and others there is a problem

• User denies abuse is affecting job performance

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Symptoms of AbuseSymptoms of Abuse• Behavioral

o Impaired coordinationo Slow reaction timeo Restlessnesso Declining attention to personal hygieneo Irritabilityo Excessive talkingo Unsteady gaito Vomitingo Slurred Speech

• Emotionalo Aggressiono Burnouto Anxietyo Depressiono Paranoiao Denial

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Symptoms of Abuse-Symptoms of Abuse-Con’tCon’t

• Job Performanceo Frequent absenceso Habitual latenesso Decreased productivityo Increased productivityo Increased errorso Accidents

• Physicalo Weight Losso Bloodshot eyeso Nose irritationo Alcohol on breatho Sweating or chillso Needle tracks

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Symptoms of Abuse-Symptoms of Abuse-Con’tCon’t

• Toxic Reactionso Can result from:

• High dose• Allergic reaction

o Include• Violent behavior• Heart attack• Seizures, Amnesia, Sores• Death

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Post Impairment Drug Post Impairment Drug

SyndromeSyndrome• There is evidence that symptoms can

persist and be permanent even after all drug use has ceased.*o Usually results from multiple drug use over time

• Symptoms include:o Inability to cope with much stresso Inability to do complex reasoning requiring assimilation of

more than one or two factso Inability to complete complex taskso Limited attention span

* Does this now create ADA issue (is person disabled and need accommodation?)

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EnablingEnabling• 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:

o Supervisors repeatedly let employee function below standardso Supervisor lets own fear of guilt or confrontation influence them to

ignore problemo Supervisor lets personal loyalty to user stop them from taking

corrective actiono Supervisor lets fear of exposing organization to problem prevent them

from resolving the problemo Supervisors condone or encourage social customs that involve alcohol

on the jobo Co-workers cover up drug and alcohol useo Co-workers accept users rationalizationso Co-workers lend money to help support drug habit

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Enabling Supervisor TrapsEnabling Supervisor Traps

• Sympathy• Excuses• Apology

• Diversions

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• Innocence• Anger• Pity

• Tears

Company’s Legal Company’s Legal ResponsibilityResponsibility

• Case law has held that companies that do not take reasonable action to counteract drug and alcohol abuse are failing to fulfill their legal obligationso To provide safe and secure workplaceo Employers are legally responsible for actions of

employees while on the jobo Legal obligation to shareholders to protect

assets of company

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Company’s Legal Company’s Legal

ResponsibilityResponsibility

• 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

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Company has legal obligation to protect Employee Confidentiality

Supervisors’ Supervisors’ ResponsibilitiesResponsibilities

• 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

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Supervisors’ Supervisors’ ResponsibilitiesResponsibilities

• 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

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Limits on ConfidentialityLimits on Confidentiality

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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

Performance Performance ManagementManagement

• Focus on job related behavior and performanceo Allows supervisor to balance rights of individual employees to privacy

and fairness and rights of organization to safe productive work placeo This is a positive and constructive approacho Assists Supervisor in recognizing and dealing with problems earlyo Gives Supervisor tools to increase confidence and ability to face

unpleasant situationso Helps ensure actions are legally sound and defensible

Can be used for all management areas—not just suspected drug and alcohol problems

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Steps of Performance Steps of Performance

ManagementManagement• Observe

o Recognize when work behavior and performance have deteriorated to point of being unsatisfactory

o 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

• Documento Write down exactly what you observe and how performance is

unsatisfactory. Make notes on any discussions you have on issue with employee

• Prepareo Plan a meeting carefully; when, where, who, what etc. Know the goal you

are trying to achieve• Confront

o Tell employee your concerns and get a commitment to changeo Do not engage in discussion of factors employee may use as excuse that

are not work related• Follow Up

o Monitor employee’s efforts. If no improvement occurs, take appropriate next step.

These steps are the Supervisor Intervention Guidelines for Reasonable Suspicion Testing also

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Employee Performance ChecklistEmployee Performance ChecklistObserve and DocumentObserve 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. o Remember: These symptoms can be caused by other issues

• Guidelines for Observing Employee Performanceo Pay attention to changes in behavioro Focus on Job Performance issue as soon as possibleo Apply same standards to all employees fairlyo Don’t let age, seniority, long acquaintance or sympathy deter you from

honest evaluationo Do not discuss observations with other employeeso Consult with someone if you need professional advice: HR, Drug

administrator personnel

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Employee Performance Employee Performance

Checklist: CategoriesChecklist: Categories

• Absenteeism or Other Attendance Issues• Changes in Personal Habits• Productivity and Other Performance Problems• Changed Relations with Co-Workers

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Absenteeism or Other Attendance Absenteeism or Other Attendance

IssuesIssues

• 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.

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Changes in Personal HabitsChanges 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

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Productivity and Other Productivity and Other Performance ProblemsPerformance 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

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Changed Relations with Co-WorkersChanged 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

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DocumentationDocumentation• 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:o Prevents your word against mine situationo If it is not documented it did not happeno Gives employee specific evident of their performanceo Helps supervisor recognize pattern of problem behavioro 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

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ConfrontationConfrontation(General)(General)

• Must Confront when problemo Employee has right to know and have chance to comment and correct

problem (for government employees this is part of JUST CAUSE)o Company has right to expect satisfactory performance

• Purposeo Get employee to understand there is a performance problem that

needs to be corrected

• Be Well Preparedo Best chance meeting will be constructive and positiveo Get mentally readyo Set stage, when, where, whoo Anticipate what to expect

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Confrontation Preparation Confrontation Preparation

ChecklistChecklist• Getting Yourself Ready

o What are personal feelings about employeeo Accept feelings and focus on being detached and objectiveo Consult with someone for advice (more experience supervisor, HR, EAP

staff)o Recognize if you feel anxious or nervous-this is normalo Make notes of what you are going to say and have documentation

ready• Setting the Stage

o Meet with you and employee and have witness if necessaryo Arrange for private meeting place with no interruptionso Identify best time of day for meeting considering employee’s current

work habits and scheduleo Allow sufficient time for meeting and set a time limito Make appointment with employee “to discuss matter of importance”.

Do not get sucked into discussing that matter then or describing it in more detail

o Don’t make appointment too far in advance, this just makes you and employee more nervous

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ChecklistChecklist• Anticipating Employee’s Reaction

o Think about situation from employee’s perspective

o Employee will likely be defensive, hostile, upset

o 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”

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ChecklistChecklist• Prior to Confrontation Meeting write down

what you will say to each of these areas:o What is the problemo What must be done to correct problem and by

wheno What are the consequences if the employee

does not improveo Give employee chance to explaino If employee tells you there is a drug and/or

alcohol problem have list of resources where employee can get help.

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Confrontation MeetingConfrontation 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

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Confrontation: GeneralConfrontation: General

Don’ts for SupervisorsDon’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

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Confrontation: General Confrontation: General

Dos for SupervisorsDos 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

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Confrontation-Follow Confrontation-Follow UpUp

• Confrontation Meeting is not the end. Document meeting, continue to observe and document performance

• Do follow up meetingo Address whether performance better or

continues to deteriorateo If same or deteriorated further, do another

confrontation meeting, decide if factors merit reasonable suspicion drug testing (second supervisor with training must concur)

o Additional disciplinary action

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Reasonable SuspicionReasonable Suspicion• Two supervisors with training must independently agree there are signs employee

is abusing drugs or alcoholo You observe signs of abuse (listed above)o You have documented signso You have confronted employee and asked for explanationo 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:

o “We still need to have a drug or alcohol test conducted as part of our fact-finding procedures.

o Take employee immediately to the testing site. Do not let them drive themselves.

o 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.

o Once test complete have employee driven home. If they refuse notify police they may be dangerous.

o 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”.

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Handling Potential Crisis Handling Potential Crisis

SituationsSituations• Distinguishing between a crisis

situation and a performance problem

• Crisis situations are less common than performance problems and can consist of:o Dangerous behavioro Threatening behavioro Obvious impairmento Possession of alcohol and other drugs on company property or

during work hourso Illegal activity

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Crisis SituationsCrisis Situations• ACT IMMEDIATELY

o 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 Situationo Legal obligation to Acto Negative business consequenceso It won’t go away if ignored

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Crisis Situations OptionsCrisis 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

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Confronting Employee in Confronting Employee in

Drug Crisis SituationDrug Crisis Situation• If you find drugs, drug paraphernalia or alcohol

o Ask employee to relinquish items. You can’t do anything if they refuse. If give you items give to authorities

o Take employee to private area with another supervisor as witnesso Tell them your suspicion and get employee’s explanationo Notify your supervisor—they will decide whether or not to contact

policeo Send employee home pending investigation, take them home if

impaired. OR take for drug test (if meet reasonable suspicion criteria)o Document incident

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Employee ExcusesEmployee Excuses

• Be prepared for any excuse o 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

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SummarySummary• 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

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Types of Drugs and Types of Drugs and

Related IssuesRelated Issues• Marijuana

o 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

o Of Note• THC stores in body fat and releases over long period

of time. Pot today is much stronger than even 10 years ago.

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Related IssuesRelated Issues• Cocaine

o 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

o Of Note• Affects entire nervous system. Addiction can occur

rapidly. Small doses can cause overdose effects.

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Related IssuesRelated Issues• Amphetamines

o 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

o 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.

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Related IssuesRelated Issues• Opiates

o 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.

o Of Note• Prescribed Opiates are legal drugs, but they still

affect performance. Employees should report use of any opiate.

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Related IssuesRelated Issues• PCP

o 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

o 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.

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Related IssuesRelated Issues• Alcohol

o 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.

o Of Note• Brain impairment begins with a BAC of .04. .04

usually does not show signs of impairment. For reasonable suspicion testing do it quickly. Alcohol rapidly dissipates from system.

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Reasonable Cause Observation ChecklistReasonable Cause Observation Checklist

_________________________________________________________________Employee Period of Evaluation________________________________________________________________Supervisor #1 Name and Telephone Number________________________________________________________________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) ______________________________________

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Reasonable Cause Observation Reasonable Cause Observation

ChecklistChecklistB. Interpersonal Work RelationshipsYes 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

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ChecklistChecklistC. General Job PerformanceYes 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___ ____ 11. Interferes with or ignores established procedures___ ____ 12. Inability to follow through on job performance recommendations

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ChecklistChecklistD. Personal MattersYes 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___ ____ 11. Unusual fears___ ____ 12. Lack of appropriate caution___ ____ 13. Engages in detailed discussion about obtaining using drugs or alcohol___ ____ 14. Has personal relationship problems___ ____ 15. Has received professional assistance for emotional /physical problems___ ____ 16. Makes unfounded accusations towards others___ ____ 17. Secretive or furtive___ ____ 18. Memory problems

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ChecklistChecklistD. Personal MattersYes No

___ ____ 19. Frequent colds, flu, excessive fatigue___ ____ 20. Frequent lies___ ____ 21. Makes unreliable or false statements___ ____ 22. Unrealistic self appraisal or grandiose statements___ ____ 23. Temper tantrums___ ____ 24. Demanding, rigid, inflexible

_______________________________________________________________Other concerns –be specific and add additional sheets if necessary

___________________________ ____________________________Supervisor #1-Date Supervisor #2-Date

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Training AcknowledgmentTraining 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

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Contact person for explanations:Bruce Holmes 406-449-5304

Supervisor Drug Awareness and Reasonable Suspicion Training Class Puiggari & Associates Consulting...

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