Drug-Free Workplace Training for Supervisors

1. Drug-Free Workplace Training for Supervisors

2. Objectives of Training • 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 At the end of the training, supervisors should understand:

3. 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

4. Overview of Drug-Free Workplace Policy • 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 The Drug-Free Workplace Policy accomplishes two major things:

5. 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

6. 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;

7. 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

8. Lighthouse Youth Services Policy Review

9. Legally Sensitive Areas • 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

10. Supervisors’ Role • 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

11. Supervisors’ Responsibilities • 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 It is your responsibility, as a supervisor, to:

12. 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

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

14. 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)

15. 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

16. 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

17. 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

18. 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

19. 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

20. Signs of Possible Substance Abuse • Physical • Sweating • Tremors • Rapid pulse • Unusual weight loss or gain

21. Bloodshot eyes Pinpoint pupils Dilated pupils Signs of Possible Substance Abuse • Physical

22. 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~

23. “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 When an employee tests positive under a qualifying test rebuttable presumption:

24. 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

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

26. essential to rebuttable presumption is reasonable cause to test…Reasonable 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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 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

33. Supervisor Intervention in Reasonable Suspicion Situations • Situations which pose an eminent threat require immediate intervention.

34. Use neutral conversation to stop the person from working • 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 • 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

35. 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

36. 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

37. 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…..”

38. 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 employee’s performance problems

39. 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

40. Identifying Performance Problems Recognizing changes in performance and working to improve productivity is a core component of every supervisor’s 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

41. 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.

42. Documenting Employee Performance • When documenting employee performance: • Create documentation right away • Make it accurate • Maintain a training file

43. 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

44. 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 company’s willingness to work with the employee over a given period of time

45. Documenting Employee Performance • Objectivity facilitates clarity. • Stick to the facts • Leave nothing to interpretation • Completeness facilities clarity.

46. 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.”

47. 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

48. 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

49. 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

50. 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 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