FITNESS FOR DUTY

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FITNESS FOR DUTY
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OBJECTIVES

• Identify unfit employees
• Understand Fitness for Duty Guidelines
• Know how to use checklists
• Understand what to do
• Know roles of SEAP, union, law enforcement,
  medical services, and management.

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FITNESS FOR DUTY
THE PHYSICAL/EMOTIONAL AND MENTAL CONDITION OF
AN EMPLOYEE IS SUCH THAT HE/SHE IS CAPABLE OF
PERFORMING HIS/HER DUTIES IN A SAFE AND
COMPETENT MANNER.
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COMMONWEALTH
For all employees
Report to work fit for duty
Remain fit while on duty
EXPECTATIONS
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COMMONWEALTH
Supervisors should ...
Monitor performance behavior
Assess fitness
Follow guidelines if employee is unfit
EXPECTATIONS
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UNFIT FOR DUTY
An employee who cannot perform his/her duties in
a proper, safe and competent manner -
Regardless of reason
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REASONS WHY
Stress
Emotional
Undiagnosed physical problem
Mental Illness
Drugs
Alcohol
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DOCUMENTATION

• Specific verifiable behaviorial observations
• Objective
• Non-judgmental

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WHAT DO YOU DO ...
The Reasonable Prudent Person Test
Assess - physical characteristics -
intellectual ability to perform -
interpersonal behavior - judgment
Consider -policies -safety/competency
criteria -job duties
Then . . .
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IF. . .
Behavior threatens Health and Safety of Workplace
Contact appropriate law enforcement and other
emergency services
or
Contact SEAP to coordinate intervention
As appropriate utilize Commonwealth Workplace
Violence Report
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CLEAR AND PRESENT DANGER
Criteria...

• Happening now/immediate future
• Reasonable person would view situation as real
  threat
• Person has plan and means

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IF. . .
Behavior constitutes a clear medical or
psychiatric emergency
Options
Contact the county crisis intervention unit
Contact emergency medical services
Contact SEAP to coordinate intervention
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DUTY TO WARN

• Tarasoff Decision
• Child Protective Services
• Greater good outweighs confidentiality rights

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IF. . .
It is determined that the behavior does not
require immediate intervention by police or
emergency personnel then . . .
FITNESS FOR DUTY GUIDELINES
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FITNESS FOR DUTY
GUIDELINES
What not to do
What to look for
How it works
Union role
What to ask
What to do
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THE PROCESS INCLUDES
Observation
Interview
Action
Follow Through
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OBSERVATION
Breath/Smell
Walking/Standing
Movements
Speech
Eating/Chewing
Eyes
Demeanor
Face
Actions
Appearance
Cognitive
Ambiguous Situations
USE CHECKLIST
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Interview
Conduct in private location
Allow union representation
Be respectful
Have another supervisor/manager present
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QUESTIONS TO ASK . . .
Feeling ill?
Under Doctors care?
Taking any medication?
Forget to take meds?
Non-prescription meds?
Side effects?
Alcohol or other drugs?
How do you explain behavior ?
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CAUTION
Do not attempt to diagnose!
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Now what? Action
If fit - return to duty
Counsel for behavior, if appropriate
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Now what? Action
The Reasonable Prudent Person Test

• If unfit - Contact Administrator

• What to say to employee

• Remove employee safely

• Contact OA-SEAP

• Prepare for Return

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Possible Actions

• Discipline
• Mandatory SEAP referral
• COCE
• Termination

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AMBIGUOUS SITUATIONS

• BORDERLINE OR UNCERTAIN
• sleeping on duty
• slurring words
• blurry/red eyes
• alcohol on breath

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REMEMBER

• DO
• ?Respond
• ?Seek second party
• ? Respect - be professional
• ? Document
• ? Be objective
• ? Limit to performance - work related
• ? Escort employee
• ? Contact authorities SEAP

• DONT
• ?Ignore
• ? Make judgments in isolation
• ? Belittle or moralize
• ? Exaggerate or minimize
• ? Interpret or diagnose
• ? Delve into personal issues
• ? Allow employee to drive
• ? Let it drop

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WHAT WOULD YOU DO IF...
An employee seems distraught, agitated, and
abusive, threatening to do harm to you and anyone
else who gets in his way?
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WHAT WOULD YOU DO IF...
An employee comes back from lunch smelling of
alcohol, overtly happy, joking, but otherwise
acting normal?
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WHAT WOULD YOU DO IF...
An employee did not look well when she reported
for work she said she probably was coming down
with a cold. Later in the shift, you saw the
employee sitting down, pale, and apparently in
pain?
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WHAT WOULD YOU DO IF...
An employee, who happens to be covered by the CDL
regulations, has become increasingly withdrawn,
with frequent mood changes, alternating periods
of lethargy, and hyperactivity. Today he appears
confused, with an inability to concentrate or
remember basic procedures. When approached, he
was belligerent?
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WHAT WOULD YOU DO IF...
An employee reports to work overtly upset,
rambling on in an incoherent manner about people
not pulling their weight, intentionally causing
trouble, increasingly becoming hostile and over
reacting to anything anyone does or says?
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WHAT WOULD YOU DO IF...
An employees child died several months ago. The
employee continues to act depressed. Today she
seems more anxious than usual, with tears in her
eyes. She says she has an allergy. You think
you have seen her hands tremor. It seems like
she is trying to avoid everyone. You are
concerned because later that shift, she will have
to be alone for a few hours and be responsible
for safety sensitive work?
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Questions
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