Transcript Drug & Alcohol Awareness - Lighthouse Youth Services

Drug-Free Workplace
Training for Supervisors
Objectives of Training
At the end of the training, supervisors should
understand:
 The Lighthouse Drug and Alcohol Policy
 The different components of the Drug-Free
Workplace Policy
 How to intervene in reasonable suspicion
situations
 How to address performance problems that
may be related to substance abuse
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Document policy violations or performance
concerns
Protect employee confidentiality
Refer employees who have problems with alcohol
and other drugs
Continue to supervise employees who have been
referred to assistance
Avoid enabling behaviors and common supervisor
traps
Overview of Drug-Free
Workplace Policy
The Drug-Free Workplace Policy accomplishes two
major things:
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Sends 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
Overview of Drug-Free
Workplace Policy
The Drug-Free Workplace Policy exists to:
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Protect the health and safety of all employees,
clients/customers and the public
Safeguard employer assets from theft and
destruction
Maintain company quality, integrity and
reputation
Comply with the state and federal mandates and
any other applicable laws
Overview of Drug-Free
Workplace Policy
The Drug-Free Workplace Policy addresses:
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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;
Overview of Drug-Free
Workplace Policy
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Types of drug testing;
Consequences for violating the policy;
Return-to-Work Agreements;
Types of assistance that is available to employees
needing help;
Employee confidentiality;
Who is responsible for enforcing the policy;
How the policy communicated to employees
Lighthouse Youth
Services
Policy Review
Legally Sensitive Areas
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Safeguard employee’s confidentiality
Ensure the policy is clearly communicated
Establish procedures to thoroughly investigate
alleged violations
Provide due process and ample opportunity for
response to allegations
Ensure quality control and confirmation of
positive tests
Conform to union contracts, if applicable
Supervisors’ Role
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If substance abuse/alcohol abuse is contributing
to an employee’s poor
performance……ignoring or avoiding the issue
will not help the situation
A supervisor must clearly understand the
company’s drug free workplace policy
Supervisors’ Responsibilities
It is your responsibility, as a supervisor, to:
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Maintain a safe, secure and productive environment
for employees
Evaluate and discuss performance with employees
Treat all employees fairly
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Act in a manner that does not demean or label people
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Supervisors’ Responsibilities
It is NOT your responsibility, as a
supervisor, to:
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Diagnose drug and alcohol problems
Have all the answers
Provide counseling or therapy
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Be a police officer
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Signs of Possible Substance Abuse
Deteriorating
Performance
Behavioral
Changes
Unsafe Work
Practices
Physical
Symptoms
Signs of Possible Substance Abuse
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Performance
Inconsistent quality of work
 Poor concentration
 Increased mistakes, errors in judgment, sudden
inability to handle complex assignments or meet
deadlines
 Increase absenteeism or tardiness
 Patterns of absenteeism (Mondays, Fridays, before
or after holidays, and following paydays)
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Signs of Possible Substance Abuse
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Performance
Excessive sick leave
 Frequent early departures
 Extended breaks
 Excessive time of the phone
 Needless risk taking, disregard for safety
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Signs of Possible Substance Abuse
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Behavior
Irritability, moodiness, arguing with co-workers,
or insubordination to supervisors
 Frequent financial problems
 Avoidance of friends and colleagues
 Overreacts to criticism
 Covers up and lies
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Signs of Possible Substance Abuse
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Behavior
Blaming others for own problems and
shortcomings
 Complaints about problems at home
 Deterioration of personal appearance, looks
sloppy, unkempt, unshaven, or dressed
inappropriately
 Complaints and excuses of vaguely-defined
illnesses
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Signs of Possible Substance Abuse
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Unsafe Work Practices
Higher incident rate of accidents
 Carelessness working with hazardous materials or
operating equipment
 Risky behavior
 Increased off-the-job accidents
 Damaging equipment or property
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Signs of Possible Substance Abuse
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Physical
Fatigue
 Slurred speech
 Smell of alcohol on breath or odor of marijuana
 Staggering, stumbling, lack of coordination
 Unsteady movements and shaky hands
 Cold, sweaty palms
 Clammy skin
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Signs of Possible Substance Abuse
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Physical
Sweating
 Tremors
 Rapid pulse
 Unusual weight loss or gain
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Signs of Possible Substance Abuse
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Physical
Bloodshot eyes
Dilated pupils
Pinpoint pupils
Ohio’s Rebuttable
Presumption Law
~Allows employers to seek disallowance of a
workers’ compensation claim filed by an employee
who tests positive for illicit drugs or alcohol OR
who refuses to submit to a test~
“Rebuttable Presumption”
When an employee tests positive under a
qualifying test rebuttable presumption:
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shifts burden of proof to an employee to
prove that drug or alcohol use was not the
proximate cause of a workplace injury
Rebuttable Presumption
Criteria
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A positive alcohol or drug test on its own is not
ENOUGH proof to disallow any BWC claims
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The BWC requires the following conditions to be met:
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Without the following conditions the BWC will not consider a
disallowance of any claims
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A positive drug/alcohol test or a refusal to submit to a
drug/alcohol test
The specimen collection was obtained within the appropriate time
frame: 8 hours of time of injury for alcohol and 32 hours of time
of injury for drugs
Written notice was posted
Documentation to justify post accident testing was occurring:
reasonable cause, order of the test by a police officer, and/or a test
by a physician not employed by the employees employer
Alcohol
 Amphetamines
 Marijuana
 Cocaine
 Opiates
 PCP
 Barbiturates
 Benzodiazepines
 Methadone
 Propoxyphene
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essential to rebuttable presumption is reasonable cause to
test…
Reasonable Cause Defined
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“Reasonable cause" can mean, but is not limited to,
evidence that an employee is or was using alcohol
or a controlled substance drawn from specific,
objective facts and reasonable inferences drawn
from these facts in light of experience and training
Reasonable Cause Can Be…
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Observable phenomena, such as direct observation
of use, possession, or distribution of alcohol or a
controlled substance, or of the physical symptoms
of being under the influence of alcohol or a
controlled substance, such as but not limited to
slurred speech, dilated pupils, odor of alcohol or a
controlled substance, changes in affect, or dynamic
mood swings
Reasonable Cause Can Be…
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A pattern of abnormal conduct, erratic or aberrant
behavior, or deteriorating work performance such
as frequent absenteeism, excessive tardiness, or
recurrent accidents, that appears to be related to the
use of alcohol or a controlled substance, and does
not appear to be attributable to other factors
Reasonable Cause Can Be…
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The identification of an employee as the focus of a
criminal investigation into unauthorized possession,
use, or trafficking of a controlled substance
A report of use of alcohol or a controlled
substance provided by a reliable and credible source
Reasonable Cause Can Be…
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Repeated or flagrant violations of the safety or
work rules of the employee's employer, that are
determined by the employee's supervisor to pose a
substantial risk of physical injury or property
damage and that appear to be related to the use of
alcohol or a controlled substance and that do not
appear attributable to other factors
Reasonable Suspicion Situations
Supervisors must distinguish between a
performance problem and reasonable suspicion
which can consist of :
Dangerous behavior
 Threatening behavior
 Obvious impairment
Requires immediate
intervention by supervisor
Possession of alcohol
and other drugs
 Illegal activity
May require third-party
investigation
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Responding to Employee Allegations
of On-the-Job Impairment
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Recommended Guidelines:
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Thank the person for bringing the matter to your attention
Ask for an explanation of the person’s specific concerns
Ask if the matter has been discussed with others or if
others are aware of the situation
Request that the person not talk to other employees about
the matter or about reporting his/her concerns
Assure the person that you will promptly investigate and
take appropriate action
Supervisor Intervention in Reasonable
Suspicion Situations
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Situations which pose an eminent threat
require immediate intervention.
Use neutral conversation to stop the
person from working
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A neutral conversation is a conversation that is related
to the person’s job and unrelated to the allegation of
on-the-job impairment
While talking to the employee, the supervisor should
asses whether any physical and/or behavioral
characteristics exist
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If the supervisor sees any signs of possible use, the employee should
be asked to immediately meet with the supervisor
If no signs of alcohol/drug use is exhibited the employee can not be
removed from the work site
If reasonable suspicion exists meet
with the employee in private
 State
your concerns:
“[Employee Name], when I was talking to you earlier I noticed that your eyes were
glassy, your speech was slurred, and you had an odor consistent with alcohol and
marijuana. Based on my observations, I am required to ask you to submit to testing
under our drug and alcohol policy…..”
Request the employee to submit to testing as
required by company policy
 Arrange for the employee to be escorted to a
collection site for testing and to his/her home
afterwards
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What to do….REFUSAL?
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Ask the employee to leave and should not report
back to work until the supervisor calls.
The supervisor should offer to call a cab or ask
if someone can pick him up
CONTACT Deanna, immediately
Follow up with employee as to what any
consequences may be
CONFRONTATION
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After being confronted by the supervisor, the
employee may become defensive and angry
based on the “allegations”
Supervisor should remain calm and grounded in order to
stay in control
 Do not get drawn into a debate with the employee,
continue to stress the drug free work place policy:
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“…I understand that you are not happy that we are having this conversation
and I am more than willing to hear you out and talk further….but now we
need to determine if you are willing to take the test…..”
Addressing Performance Issues
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When an employees performance deteriorates,
the supervisor has an obligation to intervene.
The supervisor does not need to be an expert on
alcohol and drug abuse to do so as the
intervention should be focused on the
employee’s performance problems
Discussing Performance Problems
Take the following steps to discuss a
performance problem with an employee:
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Document the problem
Prepare to meet with the employee
Set the stage for the meeting
Confront constructively by coaching
Refer for assistance if appropriate
Follow up and reinforce progress
Identifying Performance Problems
Recognizing changes in performance and
working to improve productivity is a core
component of every supervisor’s job.
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Abuse of alcohol or drugs inevitably leads to
costly and potentially dangerous consequences
Ignoring or avoiding performance issues will not
help to improve the situation
Documenting Employee Performance
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Documentation is a written record of your
actions and discussions.
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It helps defend your actions.
It helps an employee understand your concerns
and shows the employee what to do to resolve the
problem.
It helps you become more objective by forcing you
to read and reconsider your position.
It helps ensures supervisors are dealing with
employees consistently.
Documenting Employee Performance
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When documenting employee performance:
Create documentation right away
 Make it accurate
 Maintain a training file
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Documenting Employee Performance
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Clarity is your main goal. Documentation
should:
Be easy to understand
 Succinctly present the facts and the supporting details
of the problem
 Convey expectations for change
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Documenting Employee Performance
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Documentation should also:
Specify the consequences of noncompliance to
requested performance improvement
 Set specific and achievable goals for performance
improvement
 Demonstrate your company’s willingness to work with
the employee over a given period of time
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Documenting Employee Performance
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Objectivity facilitates clarity.
Stick to the facts
 Leave nothing to interpretation
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Completeness facilities clarity.
Documenting Employee
Performance Continued
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It is important that:
 The employee receives a copy of all documentation.
 That you have the employee sign an
acknowledgment at the end of the documents.
 If the employee refuses to sign, write “Handdelivered to (name of employee) this (date). (Name
of employee) refused to sign acknowledgment of
receipt.”
To successfully document employee behavior, you must describe your direct
observations of the employee’s behavior or record the direct observations of
others:
I
saw: You were late → I saw you report to your desk at
9:35 am
I heard: You were rude to a client → I heard you say
your eviction notice was not my problem
I smelled: I think you have been drinking → When I
spoke with you…I could smell what appeared to be
alcohol on your breath
You are hostile → On 3/3, 3/8, 3/10 I heard you use
the words “ go to hell”, “damn you” with your clients.
You appear to be under the influence → Your speech
was slurred, your eyes are bloodshot, and your breath
seemed to smell of liquor
Preparation
….after you have documented the performance issues….
To prepare for the meeting:
 Discuss the matter with your supervisor and/or a Human
Resources representative
 Discuss the problem with the Employee Assistance
Program (EAP), if applicable → CONCERN
 Prepare what you are going to say in advance and make
notes
 Discuss the performance problem with the employee
without delay, before it becomes more serious
Setting the Stage
When scheduling the employee interview:
 Meet with the employee in a private place where
interruptions will be limited
 Choose the best time of day considering workload and
the employee’s behavior
 Allow sufficient time for the meeting, but set a time
limit
 Make an appointment with the employee in advance
 Allow for union representation, if appropriate
Coaching Notes
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When talking with an employee about a
performance problem:
Avoid becoming emotionally attached
 Do not attempt to link alcohol or drug use the
problem
 Be prepared to deal with the employee’s resistance,
denial, defensiveness, and hostility
 Do not allow the employee to play you against other
supervisors, higher management or the union
 Remain focused on behavior
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Enabling
Enabling: Action that you take that protects the
employee from the consequences of his/her actions and
actually helps the employee to NOT deal with the
problem.
Examples of enabling:
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Covering Up
 Rationalizing
 Withdrawing/Avoiding
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Blaming
 Controlling
 Threatening
Supervisor Traps
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Sympathy
Excuses
Apology
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Innocence
Anger
Pity
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Diversions
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Tears
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Employee Assistance Referrals
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For supervisor 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
 All information related to performance issues
will be maintained in his/her personnel file
 Information about referral to treatment,
however, will be kept separately
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Employee Assistance Referrals
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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
If EAP services are available, employees are
also assured that:
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EAP records are separate from personnel records
and can be accessed only with a signed release from
the employee
EAP professionals are bound by a code of ethics to
protect the confidentiality of the employees and
family members that they serve
There are clear limits on when and what
information an EAP professional can share and
with whom
However, there are some limits on
confidentiality that may require:
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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
Additional limits on confidentiality may
include:
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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
Continued Supervision
After returning from an EAP referral, the
employee will need:
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Continuing feedback about behavior and
performance
Accurate performance appraisals
Time to adjust to doing things differently
Open lines of communication
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Corrective action if old behaviors reappear
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Do’s for Supervisors
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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
Don’ts for Supervisors
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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