Drug-Free Workplace Training for Supervisors

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Drug-Free Workplace Training for Supervisors
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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

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Overview of Drug-Free Workplace Policy
The Drug-Free Workplace Policy accomplishes two
major things

• 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

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The Drug-Free Workplace Policy exists to
Overview of Drug-Free Workplace Policy

• 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

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The Drug-Free Workplace Policy addresses
Overview of Drug-Free Workplace Policy

• 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

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Overview of Drug-Free Workplace Policy

• 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

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Lighthouse Youth Services

• Policy Review

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Legally Sensitive Areas

• Safeguard employees 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

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Supervisors Role

• If substance abuse/alcohol abuse is contributing
  to an employees poor performanceignoring or
  avoiding the issue will not help the situation
• A supervisor must clearly understand the
  companys drug free workplace policy

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Supervisors Responsibilities
It is your responsibility, as a supervisor, to

• Maintain a safe, secure and productive
  environment for employees
• Evaluate and discuss performance with employees
• Treat all employees fairly
• Act in a manner that does not demean or label
  people

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It is NOT your responsibility, as a supervisor,
to
Supervisors Responsibilities

• Diagnose drug and alcohol problems
• Have all the answers
• Provide counseling or therapy
• Be a police officer

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Signs of Possible Substance Abuse
Deteriorating Performance
Behavioral Changes
Unsafe Work Practices
Physical Symptoms
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Signs of Possible Substance Abuse

• 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

• 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

• 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

• 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

• 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

• 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

• Physical
• Sweating
• Tremors
• Rapid pulse
• Unusual weight loss or gain

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Signs of Possible Substance Abuse

• Physical

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Ohios 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

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Rebuttable Presumption
When an employee tests positive under a
qualifying test rebuttable presumption

• shifts burden of proof to an employee to prove
  that drug or alcohol use was not the proximate
  cause of a workplace injury

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Rebuttable PresumptionCriteria

• A positive alcohol or drug test on its own is
  not ENOUGH proof to disallow any BWC claims
• The BWC requires the following conditions to be
  met
• Without the following conditions the BWC will not
  consider a disallowance of any claims
• 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

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• Alcohol
• Amphetamines
• Marijuana
• Cocaine
• Opiates
• PCP
• Barbiturates
• Benzodiazepines
• Methadone
• Propoxyphene

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essential to rebuttable presumption is
reasonable cause to testReasonable Cause Defined

• 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

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Reasonable Cause Can Be

• 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

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Reasonable Cause Can Be

• 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

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Reasonable Cause Can Be

• 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

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Reasonable Cause Can Be

• 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

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Reasonable Suspicion Situations

• Supervisors must distinguish between a
  performance problem and reasonable suspicion
  which can consist of
• Dangerous behavior
• Threatening behavior
• Obvious impairment
• Possession of alcohol
  and other drugs
• Illegal activity

Requires immediate intervention by supervisor
May require third-party investigation
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Responding to Employee Allegations of On-the-Job
Impairment

• Recommended Guidelines
• Thank the person for bringing the matter to your
  attention
• Ask for an explanation of the persons 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

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Supervisor Intervention in Reasonable Suspicion
Situations

• Situations which pose an eminent threat require
  immediate intervention.

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Use neutral conversation to stop the person from
working

• A neutral conversation is a conversation that is
  related to the persons 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
• 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

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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?

• 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

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CONFRONTATION

• 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
• 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..

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Addressing Performance Issues

• 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 employees
  performance problems

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Discussing Performance Problems

• Take the following steps to discuss a performance
  problem with an employee

• 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

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Identifying Performance Problems

• Recognizing changes in performance and working to
  improve productivity is a core component of every
  supervisors job.

• 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

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Documenting Employee Performance

• Documentation is a written record of your actions
  and discussions.
• 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.

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Documenting Employee Performance

• When documenting employee performance
• Create documentation right away
• Make it accurate
• Maintain a training file

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Documenting Employee Performance

• 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

• Documentation should also
• Specify the consequences of noncompliance to
  requested performance improvement
• Set specific and achievable goals for performance
  improvement
• Demonstrate your companys willingness to work
  with the employee over a given period of time

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Documenting Employee Performance

• Objectivity facilitates clarity.
• Stick to the facts
• Leave nothing to interpretation
• Completeness facilities clarity.

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• Documenting Employee Performance Continued
• 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
  Hand-delivered to (name of employee) this
  (date). (Name of employee) refused to sign
  acknowledgment of receipt.

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• To successfully document employee behavior, you
  must describe your direct observations of the
  employees behavior or record the direct
  observations of others
• I saw You were late ? I saw you report to your
  desk at 935 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 youI 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

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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

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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 employees 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

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Coaching Notes

• 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 employees
  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

• Covering Up
• Rationalizing
• Withdrawing/Avoiding

• Blaming
• Controlling
• Threatening

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Supervisor Traps

• Sympathy
• Excuses
• Apology
• Diversions

• Innocence
• Anger
• Pity
• Tears

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Employee Assistance Referrals

• 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

• 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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If EAP services are available, employees are also
assured that

• 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

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However, there are some limits on confidentiality
that may require

• Disclosure of child abuse, elder abuse and
  serious threats of homicide or suicide as
  dictated by state law
• Reporting participation in an EAP to the
  referring supervisor
• Reporting the results of assessment and
  evaluation following a positive drug test

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Additional limits on confidentiality may include

• 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

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Continued Supervision
After returning from an EAP referral, the
employee will need

• Continuing feedback about behavior and
  performance
• Accurate performance appraisals
• Time to adjust to doing things differently
• Open lines of communication
• Corrective action if old behaviors reappear

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Dos for Supervisors

• DO emphasize that you only are concerned with
  work performance or conduct
• DO have documentation or performance in front of
  you when you talk with the employee
• DO remember that many problems get worse without
  assistance
• DO emphasize that conversations with an EAP, if
  applicable, are confidential
• DO explain that an EAP, if applicable, is
  voluntary and exists to help the employee
• DO call an EAP, if applicable, to discuss how to
  make a referral

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Donts for Supervisors

• DONT try to diagnose the problem
• DONT moralize. Limit comments to job
  performance and conduct issues only
• DONT discuss alcohol and drug use
• DONT be misled by sympathy-evoking tactics
• DONT cover up. If you protect people, it
  enables them to stay the same
• DONT make threats that you do not intend to
  carry out