Reasonable Suspicion
Employed Substance Users• 75 percent of the nation’s current illegal drug  users are employed - and 3.1 percent say they  ...
Substance Use At Work• An estimated 3.1 percent of employed adults actually  used illicit drugs before reporting to work o...
Small Businesses Most Vulnerable• About nine in 10 employed current illicit drug users  and almost nine in 10 employed hea...
Abusers’ Affect on the Workplace• Higher rates of turnover and absenteeism.• More likely to have worked for more than thre...
Impact On Co-WorkersFurthermore, the impact of employee substance useand abuse is a concern that extends beyond thesubstan...
(mad, sad, ashamed, afraid, hurt, glad)  Lead to use of:                    Work                                      MOOD...
Consequences of Using             Mood-Altering DrugsLegal                          Family-FriendsOWI                     ...
Consequences of Using         Mood-Altering DrugsSocial                      EmploymentPreoccupation with use      Perform...
Recognizing Problems                  Addiction     The irresistible compulsion to use      alcohol and other drugs despit...
Recognizing Problems (continued)• If not aware of this at the time, why?• If aware of at the time, what thoughts and  feel...
On-The-Job Indicators of Addiction                Early PhaseDisease Progression        Impact                  Visible Si...
Middle PhaseDisease Progression           Impact                  Visible signs• Sneaks use                  • Loss of job...
Late Middle PhaseDisease Progression          Impact                    Visible Signs• Avoids discussion of       • Discip...
Late PhaseDisease Progression           Impact                       Visible Signs• Believes  that other        • Final wa...
Observable EffectsAlcohol - Staggering gait, slurred speech, odor of alcoholicbeverage may be general (alcohol) or specifi...
Observable Effects (continued)Amphetamines (and other stimulants) - Dilated pupils,talkativeness, restlessness, over-excit...
Observable Effects (continued)Depressants - Intoxication similar to alcohol - perhapsmore exaggerated, drowsiness.Hallucin...
Observable Effects (continued)Phencyclidine (PCP) - Speech is sparse andpurposeless, jerky eye movements (mystagmus), unus...
Five-Panel Drug Screen•   Amphetamines (uppers, speed, meth)•   Cannabinoids•   Cocaine (coke, crack, rock)•   Opiates (co...
Detection PeriodsDrug                          Detection PeriodAlcohol (Ethanol)             Three to 10 hours -          ...
Detection Periods (continued)Cannabinoids(marijuana metabolites)Single use                Two daysSeveral times/week      ...
Detection Periods (continued)Opiates (Morphine, Codeine, Heroin) One to two daysPhencyclidine (PCP)                 Two da...
Detection PeriodsThese are approximate detection times for thedrug or metabolites in urine. The actualdetection time depen...
Defining Reasonable Suspicion           When Does It Exist?• Reasonable Cause is . . .Suspicion based on specific,  contem...
Reasonable Cause• Reasonable Cause ≠ Probable Cause• Testing for Reasonable Suspicion . . .   – Determines (non)compliance...
Supervisor Intervention StepsWhen supervisor suspects employee violationof the workplace alcohol and drug policy.
Step OneIDENTIFYAbnormal behavior (Signs of alcoholmisuse/illicit drug use)
Step TwoDOCUMENT(Second witness observations)(Reasonable Suspicion Incident Report)
Step ThreeCONFRONTAccording to Supervisory Protocol Guidelines
Step FourCONFIRMVia authorized alcohol/drug test
Supervisory Protocol1. Complete front page of documentation report.2. Remove the employee from their work area   and meet ...
Supervisory Protocol (continued)4. Explain to the employee the reason for your   meeting.  – Have any previous or presentl...
Supervisory Protocol (continued)5. Ask:  “Are any physical or medical conditions that might  explain his/her currently abn...
Supervisory Protocol (continued)7. Transportation to the collection site.8. Make arrangements to have the employee   trans...
Supervisory Protocol (continued)9. Complete backside of documentation report.10. Based on test results, decide on discipli...
Enabling & Supervisory TrapsEnabling:Action you take that protects the employee fromthe consequences of his/her actions an...
Examples of Enabling• Covering up - providing alibis, excuses, doing their  work• Rationalizing - developing reasons why t...
Examples of Supervisor Traps•   Sympathy•   Excuses•   Apology•   Diversions•   Innocence•   Anger•   Pity•   Tears
Supervisory Do’s• Do emphasize that you are concerned about work  performance or conduct.• Do have documentation of perfor...
Supervisory Don’ts• Don’t try to diagnose the problem.• Don’t moralize. Limit comments to job performance  and conduct iss...
Review• Most employees assume that they cannot use  alcohol or drugs immediately before or during  work. Why is a policy n...
Review (continued)• What does fitness-for-duty mean?• Is it really possible to determine whether an  employee is actually ...
Review (continued)• What level of alcohol or other drugs does the company  consider to be over the limit?• How do I procee...
Review (continued)• What if an employee refuses to produce a specimen  and/or sign a consent form for purposes of a fitnes...
Review (continued)• In a fitness-for-duty situation, who will escort the  employee to the hospital/clinic for testing?• Wh...
Review (continued)• In several places, the policy references  appropriate disciplinary action, up to and  including discha...
Review (continued)• What if an employee is arrested off property  for suspected drug activity?• What if an employee agrees...
Educating Your Employees•   Reason for the policy•   Policy overview•   Be able to explain the testing process•   Educate ...
You May Have a Problem If…• Others (family, friends, co-workers) have  expressed concern to you about your use.• Your use ...
Someone You Know May Have            a Problem If…• You worry about their use and their ability to  fulfill their roles (a...
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Reasonable Suspicion

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Understanding, recognizing, and handling substance abuse at the workplace.

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  • Remove the employee from the workstation by indicating to him/her you would like to meet with them in the supervisory office.
  • An employer representative is to transport the employee to the designated testing facility and await completion of the collection procedure. The employer representative will then transport the employee back to the employer’s premises. If possible, a shop steward or committee personshould accompany the employee and company representative.
  • 8. Call a relative, call a taxi or an employer representative should drive the employee.
  • Reasonable Suspicion

    1. 1. Reasonable Suspicion
    2. 2. Employed Substance Users• 75 percent of the nation’s current illegal drug users are employed - and 3.1 percent say they have actually used illegal drugs before or during work hours.• 79 percent of the nation’s heavy alcohol users are employed - and 7.1 percent say they have actually consumed alcohol during the workday.
    3. 3. Substance Use At Work• An estimated 3.1 percent of employed adults actually used illicit drugs before reporting to work or during work hours at least once in the past year, with about 2.9 percent working while under the influence of an illicit drug.22• An estimated 1.8 percent of employed adults consumed alcohol before coming to work, and 7.1 percent drank alcohol during the workday.23• An estimated 1.7 percent of employed adults worked while under the influence of alcohol, and 9.2 percent worked with a hangover in the past year. 24http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
    4. 4. Small Businesses Most Vulnerable• About nine in 10 employed current illicit drug users and almost nine in 10 employed heavy drinkers work for small and medium sized firms.31http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
    5. 5. Abusers’ Affect on the Workplace• Higher rates of turnover and absenteeism.• More likely to have worked for more than three employers in the past year.25• More likely to have skipped work more than two days in the past month.26• More likely to have missed more than two days of work due to illness or injury.27http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
    6. 6. Impact On Co-WorkersFurthermore, the impact of employee substance useand abuse is a concern that extends beyond thesubstance-using employee.• There is evidence that co-worker job performance and attitudes are negatively affected.28 Workers have reported being put in danger, having been injured or having had to work harder, to re-do work or to cover for a co-worker as a result of a fellow employee’s drinking.29http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
    7. 7. (mad, sad, ashamed, afraid, hurt, glad) Lead to use of: Work MOOD Background ALTERING DRUGS Sexual Orientation Marital ParentalLoss of control Consequences Gender Ethnicity StatusWhen? Status LegalHow much? Family/friendsBehavior Education Financial Medical Social Employment
    8. 8. Consequences of Using Mood-Altering DrugsLegal Family-FriendsOWI Relationships lostUnlawful drinking activities Relationships estrangedDomestic violence Relationships divorcedFelonies Family dysfunctionShoplifting Child custody disputesFraudFinancial MedicalFines Direct health issuesInsurance & medical costs Other exacerbated conditionsInsufficient funds Injury or accidentIndebtedness Premature deathCost of drug purchases
    9. 9. Consequences of Using Mood-Altering DrugsSocial EmploymentPreoccupation with use PerformanceDecline in social network AbsenteeismDeterioration in Reputationappearance Injury Rules violation Job Loss
    10. 10. Recognizing Problems Addiction The irresistible compulsion to use alcohol and other drugs despite adverse consequences.It is characterized by repeated failures to control use, increased tolerance and increased disruption in the life.
    11. 11. Recognizing Problems (continued)• If not aware of this at the time, why?• If aware of at the time, what thoughts and feelings did you have about this? What, if any, actions did you take?• What did you not know about that “O”?
    12. 12. On-The-Job Indicators of Addiction Early PhaseDisease Progression Impact Visible Signs• Uses to relievetension • Decrease efficiency Job Performance• Tolerance increases • Criticism from boss • Mistakes• Memory blackouts • Miss deadlines• Lies about use Attendance • Late • Absent • General Behavior • Co-workers complain • Overreact to criticism • Ill • Lies
    13. 13. Middle PhaseDisease Progression Impact Visible signs• Sneaks use • Loss of job Job Performance• Guilty about use advancement • Spasmodic work pace• Tremors • Warnings • Difficulty• Depression • Family issues concentrating• Loss of interest in activities • Money issues Attendance • Wage garnishment • More days off, vague reasons General Behavior • Undependable • Avoids co-workers • Exaggerates • Unreasonable resentment
    14. 14. Late Middle PhaseDisease Progression Impact Visible Signs• Avoids discussion of • Disciplinary action Job Performance issue • Trouble with law • Far below expectations• Attempts to control fail • 30% efficiency Attendance• Neglects food • Serious family issues • Frequent time off• Isolates • Doesn’t return from lunch General Behavior • Aggressive; belligerent • Domestic problems interfere • Loss of ethical values • Won’t talk about issue
    15. 15. Late PhaseDisease Progression Impact Visible Signs• Believes that other • Final warnings at work Job Performance activities interfere with • Termination • Formal discipline use • Serious financial issues • No improvement• Blames people, places Attendance and things for problems • Prolonged unpredictable absences General Behavior • Use on the job • Physical deterioration
    16. 16. Observable EffectsAlcohol - Staggering gait, slurred speech, odor of alcoholicbeverage may be general (alcohol) or specific (beer, whiskey,wine), shaky hands, decreased eye-hand coordination.Cannabis - (Marijuana) Reddening of the eyes, sometimesrambling, excited speech patterns, euphoria (laughing out ofcontext), distorted sense of time.Cocaine - Dilated pupils, talkativeness, sniffing, runny nose, fastmood swings (from down and irritable to up and happy within afew minutes, perhaps coinciding with a trip to the restroom),frequent trips to the restroom or a secluded area to use morecocaine.
    17. 17. Observable Effects (continued)Amphetamines (and other stimulants) - Dilated pupils,talkativeness, restlessness, over-excitement, irritability,aggressiveness, paranoia, stereotypical behavior (sit andstare and twist hair for hours at a time).Narcotics (Opioids) - Pinpoint pupils, sweating, nausea(novice user only), nodding (user may appear to drop off tosleep periodically), overly calm, detached look, needlemarks over veins on arms and hands.
    18. 18. Observable Effects (continued)Depressants - Intoxication similar to alcohol - perhapsmore exaggerated, drowsiness.Hallucinogens - Dilated pupils, usually an inabilityto carry on a rational conversation about commonthings (work schedule) for more than one or twominutes, may be responding to things not apparent toobserver.
    19. 19. Observable Effects (continued)Phencyclidine (PCP) - Speech is sparse andpurposeless, jerky eye movements (mystagmus), unusualbody posture (often rigid), often aggressive or combativebehavior, extreme bizarre or violent behavior can occur.Inhalants (glue, paint, aerosol sprays, etc.) - Odor ofpaint, gasoline, etc.; paint on hands or face - oftenentire hand(s) will be covered; slurred speech; staggeringwalk; lack of coordination; extreme “drunken” behavior.
    20. 20. Five-Panel Drug Screen• Amphetamines (uppers, speed, meth)• Cannabinoids• Cocaine (coke, crack, rock)• Opiates (codeine, heroin, morphine, )• Phencyclidine (PCP) (angel dust)
    21. 21. Detection PeriodsDrug Detection PeriodAlcohol (Ethanol) Three to 10 hours - about one hour per beerAmphetamine One to two daysBarbiturates (Secobarbital or One to two daysButalbital)Benzodiazepines light to Three to five daysmoderate use
    22. 22. Detection Periods (continued)Cannabinoids(marijuana metabolites)Single use Two daysSeveral times/week Two weeksDaily Three to six weeksMethadone Two to three daysMethaqualone (Quaalude) Two weeks
    23. 23. Detection Periods (continued)Opiates (Morphine, Codeine, Heroin) One to two daysPhencyclidine (PCP) Two days to two weeksPropoxphene (Darvon) Six hours to two days
    24. 24. Detection PeriodsThese are approximate detection times for thedrug or metabolites in urine. The actualdetection time depends on individualmetabolism and the dose of the drug.
    25. 25. Defining Reasonable Suspicion When Does It Exist?• Reasonable Cause is . . .Suspicion based on specific, contemporaneous, articulable observation, by a trained supervisor, of employee alcohol misuse or illegal drug use based on the appearance, behavior, speech or body odors of the employee.• When to Test: When have . . .Specific Documentable Objective First-hand Immediate OBSERVATIONS
    26. 26. Reasonable Cause• Reasonable Cause ≠ Probable Cause• Testing for Reasonable Suspicion . . . – Determines (non)compliance with requirements to remain drug-free and unimpaired by alcohol at work – Requires substantial documentation• Testing for Reasonable Suspicion – Is not based on hearsay or hunches – Is not based on stereotypes, personal feelings or gut instincts toward a particular employee – Is not a diagnosis of alcoholism or drug addiction
    27. 27. Supervisor Intervention StepsWhen supervisor suspects employee violationof the workplace alcohol and drug policy.
    28. 28. Step OneIDENTIFYAbnormal behavior (Signs of alcoholmisuse/illicit drug use)
    29. 29. Step TwoDOCUMENT(Second witness observations)(Reasonable Suspicion Incident Report)
    30. 30. Step ThreeCONFRONTAccording to Supervisory Protocol Guidelines
    31. 31. Step FourCONFIRMVia authorized alcohol/drug test
    32. 32. Supervisory Protocol1. Complete front page of documentation report.2. Remove the employee from their work area and meet in a confidential office.3. Have another company representative (and a union member, if relevant) for the meeting as a witness.
    33. 33. Supervisory Protocol (continued)4. Explain to the employee the reason for your meeting. – Have any previous or presently documented facts (documentation report) regarding observations of the employee’s behavior or actions, which have warranted reasonable suspicion, available. – Suspicion is not reasonable, and thus not a basis for testing if it is based solely on third party observations and reports. You must observe.
    34. 34. Supervisory Protocol (continued)5. Ask: “Are any physical or medical conditions that might explain his/her currently abnormal appearance, behavior, speech or body odor?” (Document ALL responses on the documentation report).6. Inform the employee that, based on your observations, he/she is required to undergo an alcohol and/or drug test.
    35. 35. Supervisory Protocol (continued)7. Transportation to the collection site.8. Make arrangements to have the employee transported home.
    36. 36. Supervisory Protocol (continued)9. Complete backside of documentation report.10. Based on test results, decide on disciplinary action and SAP/EAP referral.11.Continue to monitor and follow up (inform appropriate management personnel and/or the SAP/EAP counselor of any ongoing performance or behavioral concerns and improvements).
    37. 37. Enabling & Supervisory TrapsEnabling:Action you take that protects the employee fromthe consequences of his/her actions and actuallyhelps the employee to NOT deal with the problem.
    38. 38. Examples of Enabling• Covering up - providing alibis, excuses, doing their work• Rationalizing - developing reasons why their behavior is reasonable and acceptable• Withdrawing/avoiding - avoiding contact• Blaming - yourself for their use, anger at them• Controlling - taking responsibility, get rid of drugs, move to another job• Threatening - without follow through
    39. 39. Examples of Supervisor Traps• Sympathy• Excuses• Apology• Diversions• Innocence• Anger• Pity• Tears
    40. 40. Supervisory Do’s• Do emphasize that you are concerned about work performance or conduct.• Do have documentation of performance in front of you when you talk with the employee.• Do remember that many issues get worse without assistance.• Do emphasize that conversations with EAP are confidential.• Do explain that EAP is voluntary and exists to help employees.• Do call the EAP prior to discus making a referral.
    41. 41. Supervisory Don’ts• 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. Stick strictly to what you hear, smell and see.• 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. If you threaten disciplinary action, follow through.
    42. 42. Review• Most employees assume that they cannot use alcohol or drugs immediately before or during work. Why is a policy necessary? Why is teaching necessary?• What types of drug testing does our policy cover?• What drugs are tested for?• How can I tell when an employee is “not in condition” to perform his/her work?
    43. 43. Review (continued)• What does fitness-for-duty mean?• Is it really possible to determine whether an employee is actually under the influence of alcohol or drugs?• What should I do if an employee comes in smelling of alcohol or beer and/or is hung over?• How should I handle borderline cases where I think the employee may be unfit for duty but I am not sure?
    44. 44. Review (continued)• What level of alcohol or other drugs does the company consider to be over the limit?• How do I proceed if the employee raises as a defense that they are using a controlled substance as doctor- prescribed medication?• Some employees may fear a supervisor will use the fitness-for-duty test to get them. How does the policy deal with this concern?• How important is it to have another observer present when I question an employee?
    45. 45. Review (continued)• What if an employee refuses to produce a specimen and/or sign a consent form for purposes of a fitness- for-duty screening?• What should I do if an employee refuses to surrender a suspicious substance when so instructed?• What should I do if I see more than one employee engaged in suspicious behavior and I think the possibility exists that they will become hostile if confronted?
    46. 46. Review (continued)• In a fitness-for-duty situation, who will escort the employee to the hospital/clinic for testing?• What should I do if an employee insists on leaving on their own before or after a fitness-for-duty screen?• How long does it take to get results back from a fitness-for-duty test?• Before we discipline an employee based on one lab test, should we consider a retest to validate the result?
    47. 47. Review (continued)• In several places, the policy references appropriate disciplinary action, up to and including discharge for policy violation. Have we established discipline standards?• Will the discipline be different for a clerical person versus a represented employee versus an upper management person?• Who determines if a supervisor is fit for duty?
    48. 48. Review (continued)• What if an employee is arrested off property for suspected drug activity?• What if an employee agrees to treatment?• What role(s) does the EAP have in the administration of our substance abuse policy?
    49. 49. Educating Your Employees• Reason for the policy• Policy overview• Be able to explain the testing process• Educate them about EAP• Self-reporting• Handouts• Impaired professional
    50. 50. You May Have a Problem If…• Others (family, friends, co-workers) have expressed concern to you about your use.• Your use has impacted your work, your relationships.• Your use has resulted in medical, financial or legal issues.• You have to use more of the substance to get the same effect.• It is all “cost” and no “benefit.”
    51. 51. Someone You Know May Have a Problem If…• You worry about their use and their ability to fulfill their roles (as a worker, spouse, parent).• You have taken over duties they usually did to compensate for them not doing them.• You avoided attending activities because of concerns of how they would act at the event if they drank.• You have made attempts to limit their use of the substance.

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