Supervisor Drug Awareness and Reasonable Suspicion by P&A Consulting Services

Supervisor Drug Awareness andSupervisor Drug Awareness and
Reasonable SuspicionReasonable Suspicion
Training ClassTraining Class
Puiggari & Associates
Consulting Services, PLLC
Fall 2013
1

Objectives of TrainingObjectives of Training
• Regulations on Drug and Alcohol Testing
• Supervisor’s Role and Responsibilities
• Costs of Drug and Alcohol Abuse
• Types of Testing-When and How
• Reasonable Suspicion - process
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At the end of the training Supervisors
should understand:

At the end of the training, SupervisorsAt the end of the training, Supervisors
should know how to:should know how to:
• Identify and investigate crisis situations
• Recognize workplace problems that may be
related to alcohol and other drugs
• Intervene in problem situations
• Refer employees who have problems with
alcohol and other drugs
• Protect employee confidentiality
• Continue to supervise employees who have
been referred to assistance
• Avoid enabling and supervisor traps
3

TRAINING –WHY?TRAINING –WHY?
• DOT MANDATED*
o Any employer that has employees with CDL is governed by DOT
regulations
o DOT regulations require CDL employees be subject to all forms of drug
testing
• These are 1) application 2) random 3) reasonable suspicion 4) accident and 5)
return to work
o DOT regulations require all new supervisors have 2 hours of drug and
alcohol awareness training.
o Supervisors must certify they received this training. These certifications
should be kept by your HR department and by you.
o DOT audit compliance
o Reasonable Suspicion Testing requires Supervisor with training
independently ascertain there are signs requiring reasonable suspicion
testing. Second supervisor with training must concur
o Drug and Alcohol use and abuse costs Businesses A lot of Money
4

Cost of Drug AbuseCost of Drug Abuse
INCREASED COSTS IS THE BOTTOM LINE
• Loss of Productivity and efficiency
o $100B per year
• Higher absenteeism, illness, tardiness, injuries
• Frequent turnover, increased training expense
• Lost productivity, reduced quality
• Higher accidents / errors on the job
• Increased health costs
• Reduced sales
• Lost customer confidence
All the of above amounts to higher costs or lower revenues
5

USAUSA
• Major Market Place
• 75% elicit drugs consumed in USA originate abroad
6

Training Sections:Training Sections:
OutlineOutline
• General Requirement of Most Policies: Ins and
Outs
o Follow DOT regulations
• Facts Regarding Drug and Alcohol Abuse
• How to Recognize Symptoms
• Actions to take Once Problem is Recognized
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The Drug and Alcohol Policies:The Drug and Alcohol Policies:
• If you are going to test there must be a
policy (employees must be given
notice)
• Protect the health and safety of all
employees, customers and the public
• Comply with the Drug-Free Workplace
Act of 1988 or any other applicable
laws
• Send 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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MT LAWMT LAW
• If test
o Policy must be at least as stringent as Federal law
o Hard to administer
o Expensive to administer
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The Drug and Alcohol Policies Explain:The Drug and Alcohol Policies Explain:
• Who is covered by the policy
• When the policy applies
• What behavior is prohibited
• That employees are required to notify
supervisors of drug-related convictions
• The types of drug testing
• Consequences for violating the policy-
failed tests
• What assistance is available to
employees needing help
• How employee confidentiality
protected
10

Drug and Alcohol PoliciesDrug and Alcohol Policies
• Zero Tolerance
• Failed or Refused Drug Test Requires employees be
immediately removed from safety sensitive positions
• Policy could state employee will be terminated because no longer
able to perform job hired to do
• Policy must state if employee will be offered rehabilitation program
and is so who will bear cost
• Failure of pre-employment test: typically employment offer is
rescinded
• Employees that attend and complete Rehabilitation Program
can be returned to safety sensitive position upon successful
completion of return to duty process—employer need not do
this; follow policy
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Describe:Describe:
• Tests
o Pre-employment-Always
o Random-all or some employees
o Reasonable Suspicion
o Accident
o Return to work
• Policy must be in Handbook and available to employee.
o Policy must be posted or available in hardcopy at each office.
• Random Pool.
o You choose % of employees
You choose how often tested
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Seasonal Layoffs and PoolSeasonal Layoffs and Pool
• For Employees that go on Seasonal Layoffs (or are on FMLA or
extended medical leave), do we keep them in the Random Pool.
• Answer: For employees that are on Seasonal Layoff (you keep
their status as an employee and intend to rehire them) or for
employees that are off work temporarily (ex. a medical leave)
you can EITHER:
1) Keep them in the random pool; This means that you must make
a good faith attempt to contact them and have them go in for
testing immediately if they are chosen for a test. If they aren’t
tested document why and send them for a test before they start
work again.
2) Remove them from the pool. BUT if you remove them from the
pool then under the FMCSA regulations you must retest them (like
they are a new employee applicant) BEFORE they start work
requiring a CDL. This can be costly.
• The choice is yours.

• Alcohol Abuse
o Use of Alcohol at work at any time is prohibited
o Point of Impairment
• Employee Confidentiality
o Testing information is kept confidential. Only those with a need to know
are informed of failed test or fact the employee is even sent for a test.
o Government agencies can be told. Ex. Unemployment office if this is the
reason for termination
• Illegal drug use prohibited
o Illegal drugs: You know what they are also
• use of someone else’s prescription. Do not take another person’s
“lortab” etc.
• Overdosage of prescribed medication
• Resources
o There are a variety of resources available to employees that need
assistance.
• EAP’s
• State Rehabilitation Programs
• AA etc.
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Drug and Alcohol PoliciesDrug and Alcohol Policies• When the employee is given the paperwork they must go to the testing facility within 30
minutes
o It is supervisors responsibility to ensure timing. DO NOT LET EMPLOYEE GO NEXT DAY
OR LATER THAT AFTERNOON. This allows employee to hydrate and thus have diluted
result (which is not a failure)
• If Test Positive
o Employee contacted by MRO (medical review officer)
o MRO explores reasons for positive result.
o If legal explanation, test result changed to negative
o If positive result stands Employer is notified
o Employee notified and terminated
o Employee has right, at own cost, to have split sample tested
o From same urine, sent to different lab
• Terminated Employee (not pre-employment test)
o Right to attend Rehabilitation
o Assigned to SAP (Substance Abuse Councilor) who designs program and is
employee’s contact
o If SAP certifies successful completion of rehabilitation program, employee eligible
rehire and eligible for hire any other DOT regulated employer. Failed test /failure
refusal
o Employee must pay for rehabilitation program
o Employee will be tested at least 6 times next 12 months and must pay for follow up
testing
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Requests for Prior Drug/Alcohol Testing ResultsRequests for Prior Drug/Alcohol Testing Results
• 49 CFR Part 40.25 requires that potential employers check on the
previous 2 years of drug and alcohol testing background of new
hires and other employees beginning safety sensitive work.
Employers need the written consent of the applicant/employee
to obtain these records. To assist the employer the Department
of Transportation has provided a form.
• Form is at
http://www.dot.gov/odapc/documents/EmployerGuidelinesOctober01
pg. 57
• If feasible, you must obtain and review this information before the
employee first performs safety-sensitive functions. If this is not
feasible, you must obtain and review the information as soon as
possible. However, you must not permit the employee to perform
safety-sensitive functions after 30 days from the date on which
the employee first performed safety-sensitive functions, unless you
have obtained or made and documented a good faith effort to
obtain this information.
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• If you obtain information that the employee has violated a
DOT agency drug and alcohol regulation, you must not use
the employee to perform safety-sensitive functions unless you
also obtain information that the employee has subsequently
complied with the return-to-duty requirements of Subpart O of
this part and DOT agency drug and alcohol regulations.
• As the previous employer, you must maintain a written record
of the information released, including the date, the party to
whom it was released, and a summary of the information
provided.
• If you are an employer from whom information is requested
under paragraph (b) of this section, you must, after reviewing
the employee's specific, written consent, immediately release
the requested information to the employer making the inquiry.
Failure to provide the information could result in an $11K fine
by the FMSCA
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• As the employer requesting the information required under this
section, you must maintain a written, confidential record of the
information you obtain or of the good faith efforts you made to
obtain the information. You must retain this information for three
years from the date of the employee's first performance of safety-
sensitive duties for you.
• As the employer, you must also ask the employee whether he or she
has tested positive, or refused to test, on any pre-employment drug
or alcohol test administered by an employer to which the employee
applied for, but did not obtain, safety-sensitive transportation work
covered by DOT agency drug and alcohol testing rules during the
past two years. If the employee admits that he or she had a positive
test or a refusal to test, you must not use the employee to perform
safety-sensitive functions for you, until and unless the employee
documents successful completion of the return-to-duty process (see
paragraphs (b)(5) and (e) of this section).
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Results of Failed TestResults of Failed Test
• Terminate or Not:
o DOT does not mandate termination or other employment action
o However, Employee that fails test must immediately be removed
from Safety sensitive position (any driving requiring CDL) §382.501
• In MT employee must be given due process (if government ee—to terminate, or
if private employer they must follow policy. Employer policy can state will be
terminated for failed drug test because ee can’t perform job hired to do.
o Cannot be returned until successfully completes program
designed by SAP and also then successfully passes a return to
duty drug/alcohol test (Title 49 subpart O, section 40) See link at:
http://www.dot.gov/odapc/NEW_DOCS/part40.html
o Employer must ensure employee that returns follows additional
testing requirements if SAP required those (ex. Drug test once a
month for 12 months)
o Employer need not offer rehab program option
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Failed TestFailed Test
• What do we do with an employee that fails a drug/alcohol
test?
Answer: DO NOT TERMINATE IMMEDIATELY. However, the
employee must immediately be removed from the position
requiring the CDL.
Under Montana law any government employee must be given
process before they are terminated. It is recommended
that:
1) If the person is an applicant and fails the test you do
not hire them. You are not hiring them because they
cannot perform the essential function of the job (an
essential requirement would be that they have a CDL);
2) You have a policy (in the drug/alcohol testing policy) or
termination policy that states any employee that fails a test
will be given the right to respond but that if they cannot
perform the essential function of the position (driving which
requires a CDL) they will be terminated;

3) If an employee fails a test (refuses to take or numbers
indicate drugs/alcohol in their system), the employee must
immediately be removed from their position. They should
then be called in, told the results, told they cannot perform
their job and that you are proposing to terminate them. They
should also be informed they have the right at their expense
to have the split sample tested. The employee should then
be asked if they have anything to say. MACO JPIA should
be informed. Once this process is done the employee should
then be terminated for the inability to do their job.
4) If you wish to rehire them at a later date, if they will
need a CDL to do the job, the employee can only be rehired
if they complete the rehabilitation (return to duty) process
and they have a negative test;
5) If there is a Collective Bargaining Agreement, follow
the process in it. However, no Collective Bargaining
Agreement can preempt Federal Law. This means that you
cannot put the person back into any position requiring a CDL
if they have not gone through the rehabilitation process.

Return to Duty ProcessReturn to Duty Process
• LAW: Employers are not required to provide
Substance Abuse Profssionals and treatment
services to employees.
o The policy must state if the employee or employer pays for the programs.
o If employer does permit employee to return after failed test, employer
must ensure employee passes SAP evaluation and complied with
treatment program AND also employee takes return to duty drug test.
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MT Law-Who can be testedMT Law-Who can be tested
• 1) 39-2-206 employee means an individual
engaged in the performance, supervision or
management of work in a hazardous environment,
security position, position affecting public health or
safety or in which driving a motor vehicle is
necessary for any part of the individuals work, or a
fiduciary. Also under 39-2-206(10) prospective
employee is defined as an applicant and under 39-
2-208 all applicants can be tested as a condition of
hire.
• This means that each county could test all
applicants, all sheriffs etc., public nurses and all
persons that are required to drive a vehicle to
perform their work.
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MT lawMT law
• Also under 39-2-206 (7) hazardous work
environment is defined as an position for which
controlled substance testing is mandated by
federal law, that involves operation of or work in
proximity to construction equipment, industrial
machinery or mining or that involve handling or
proximity to flammable materials, explosives, toxic
chemicals or similar substances.
• This means that any one that did construction
for the county could be tested. Also all weed guys,
etc.
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MT lawMT law
39-2-208
• MT employers can have random testing but if a
contractor is not used; all salaried, managerial
employees (per the definition of employee above)
must be tested on a certain date, if an outside
contractor is used, all managerial employees must be
in the pool.
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Facts About DrugFacts About Drug
and Alcohol Abuseand Alcohol Abuse
• This information will assist you in recognizing drug
abuse in workplace
• In the U.S. 160 billion is spent on direct & collateral
costs for drug users
• Alcoholism causes 500 million lost workdays each
year
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What is Drug AddictionWhat is Drug Addiction
Addiction is a chronic, often relapsing brain disease that
causes
compulsive drug seeking and use despite harmful
consequences
to the individual who is addicted and to those around
them.
Drug addiction is a brain disease because the abuse of
drugs leads to changes in the structure and function of
the brain.
Although it is true that for most people the initial decision to
take drugs is voluntary, over time the changes in the
brain caused by repeated drug abuse can affect a
person’s self control and ability to make sound decisions,
and at the same time send intense impulses to take
drugs.
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What is Drug AbuseWhat is Drug Abuse
• Abuse occurs whenever:
o An illegal drug is used
o A legally manufactured drug is taken beyond prescribed dosage or
without a prescription
o Over the counter taken to point of impairment
o Alcohol used to the point of impairment or exceed the legal definition, or
used in amount or at time violated company policy
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Examples of Real LifeExamples of Real Life
SituationsSituations
• Prescriptions: After called to Random test
Company had to terminate employment of
employee that took someone else’s prescribed
pain killer
• Medical Marijuana: Company had to
terminate employee using pot as a prescription
because they had not registered, as required
by the state, for the use although they had a
prescription from a physician
• Company terminated employee that refused to
let tester watch them urinate (urine not at
correct temperature when provided to tester,
inclusive or failed first test).
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Drugs Most Commonly AbusedDrugs Most Commonly Abused
in Workplacein Workplace
• Alcohol
• Marijuana
• Cocaine (crack also)
• Stimulants (amphetamines and similar drugs)
• Depressants (barbiturates, Quaaludes and tranquilizers such as
valium)
• Narcotics (heroin and painkillers)
• Hallucinogens (includes PCP and LSD)
• As a Supervisor—this is KEY:
o the particular drug being abused is almost irrelevant. You do not need to
know which drug
o you should be able to recognize the changes in an employee that abuses
drugs and how those changes affect their performance
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Symptoms of AbuseSymptoms of Abuse
• There are both Physical and Psychological
symptoms
• Recognizing symptoms may help identify
employees at risk before problem gets too serious or
crisis occurs
• Supervisor’s approach is always based on job
performance only
• NEVER accuse employee of Drug or Alcohol Abuse
(could create significant legal exposure)
o Remember all of the symptoms listed next can have other causes such as
family difficulties, medical problems and stress
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DenialDenial
• One of most dangerous psychological
symptoms
• User denies to self and others there is a problem
• User denies abuse is affecting job performance
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Symptoms of AbuseSymptoms of Abuse
• Behavioral
o Impaired coordination
o Slow reaction time
o Restlessness
o Declining attention to personal hygiene
o Irritability
o Excessive talking
o Unsteady gait
o Vomiting
o Slurred Speech
• Emotional
o Aggression
o Burnout
o Anxiety
o Depression
o Paranoia
o Denial
33

Symptoms of Abuse-Symptoms of Abuse-
Con’tCon’t
• Job Performance
o Frequent absences
o Habitual lateness
o Decreased productivity
o Increased productivity
o Increased errors
o Accidents
• Physical
o Weight Loss
o Bloodshot eyes
o Nose irritation
o Alcohol on breath
o Sweating or chills
o Needle tracks
34

Symptoms of Abuse-Symptoms of Abuse-
Con’tCon’t
• Toxic Reactions
o Can result from:
• High dose
• Allergic reaction
o Include
• Violent behavior
• Heart attack
• Seizures, Amnesia, Sores
• Death
35

Post Impairment Drug SyndromePost Impairment Drug Syndrome
• There is evidence that symptoms can persist
and be permanent even after all drug use
has ceased.*
o Usually results from multiple drug use over time
• Symptoms include:
o Inability to cope with much stress
o Inability to do complex reasoning requiring assimilation of
more than one or two facts
o Inability to complete complex tasks
o Limited attention span
* Does this now create ADA issue (is person
disabled and need accommodation?)
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EnablingEnabling
• Others contribute to abuse by making it possible or easy for abuser to
continue abusing
• Abuser will not stop until made to deal with issue
• Enabling is part of problem NOT part of the solution
• Enabling happens when:
o Supervisors repeatedly let employee function below standards
o Supervisor lets own fear of guilt or confrontation influence them to ignore
problem
o Supervisor lets personal loyalty to user stop them from taking corrective
action
o Supervisor lets fear of exposing organization to problem prevent them
from resolving the problem
o Supervisors condone or encourage social customs that involve alcohol on
the job
o Co-workers cover up drug and alcohol use
o Co-workers accept users rationalizations
o Co-workers lend money to help support drug habit
37

Enabling Supervisor TrapsEnabling Supervisor Traps
• Sympathy
• Excuses
• Apology
• Diversions
38
• Innocence
• Anger
• Pity
• Tears

Company’s LegalCompany’s Legal
ResponsibilityResponsibility
• Case law has held that companies that do
not take reasonable action to counteract
drug and alcohol abuse are failing to fulfill
their legal obligations
o To provide safe and secure workplace
o Employers are legally responsible for actions of
employees while on the job
o Legal obligation to shareholders to protect assets
of company
39

Company’s Legal ResponsibilityCompany’s Legal Responsibility
• 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
• 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
40
Company has legal obligation to protect Employee
Confidentiality

Supervisors’Supervisors’
ResponsibilitiesResponsibilities
• Day to day ongoing responsibility for what
happens in the workplace
• Play critical role in counteracting drug and
alcohol abuse
• Responsibility to organization, department,
HR department and to the individual
employee
• Don’t demean or label people
41

Supervisors’Supervisors’
ResponsibilitiesResponsibilities
• Supervisors form the link between the employee and HR
and/or support resources
• Supervisors are responsible to organization to help reduce
costs of abuse by ensuring compliance with the drug and
alcohol policies
• Supervisors are responsible to employees to respect privacy,
be fair, evaluate performance regularly and help them be
productive
• Supervisors are responsible to department to provide safe
productive work environment
To Balance these responsibilities Supervisors can use a tool called
Performance Management
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Limits on ConfidentialityLimits on Confidentiality
43
 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
 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
 Unemployment Office

Performance ManagementPerformance Management
• Focus on job related behavior and performance
o Allows supervisor to balance rights of individual employees to privacy and
fairness and rights of organization to safe productive work place
o This is a positive and constructive approach
o Assists Supervisor in recognizing and dealing with problems early
o Gives Supervisor tools to increase confidence and ability to face
unpleasant situations
o Helps ensure actions are legally sound and defensible
Can be used for all management areas—not just
suspected drug and alcohol problems
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Steps of Performance ManagementSteps of Performance Management
• Observe
o Recognize when work behavior and performance have deteriorated to point
of being unsatisfactory
o Recognize early warning signs (before work performance unsatisfactory),
such as significant changes in personal appearance (change of dress or
hygiene), sudden personality or mood changes (extrovert becomes introvert,
massive mood swings), changed relations with co-workers (never goes to
lunch anymore, did not take coffee breaks but now does etc). If observe
early signs let employee know you observed change, ask if there is a
problem, and note reaction over time, but this not basis for confrontation
• Document
o Write down exactly what you observe and how performance is
unsatisfactory. Make notes on any discussions you have on issue with
employee
• Prepare
o Plan a meeting carefully; when, where, who, what etc. Know the goal you
are trying to achieve
• Confront
o Tell employee your concerns and get a commitment to change
o Do not engage in discussion of factors employee may use as excuse that are
not work related
• Follow Up
o Monitor employee’s efforts. If no improvement occurs, take appropriate next
step.
These steps are the Supervisor Intervention Guidelines for Reasonable
Suspicion Testing also
45

Employee Performance ChecklistEmployee Performance Checklist
Observe and DocumentObserve and Document
• You may observe the following job related problems
and potential problems when employee is abusing
drugs or alcohol. This list is not exhaustive and should
be used as a guide.
o Remember: These symptoms can be caused by other issues
• Guidelines for Observing Employee Performance
o Pay attention to changes in behavior
o Focus on Job Performance issue as soon as possible
o Apply same standards to all employees fairly
o Don’t let age, seniority, long acquaintance or sympathy deter you from
honest evaluation
o Do not discuss observations with other employees
o Consult with someone if you need professional advice: HR, Drug
administrator personnel
46

Employee PerformanceEmployee Performance
Checklist: CategoriesChecklist: Categories
• Absenteeism or Other Attendance Issues
• Changes in Personal Habits
• Productivity and Other Performance Problems
• Changed Relations with Co-Workers
47

Absenteeism or Other Attendance IssuesAbsenteeism or Other Attendance Issues
• Multiple instances of unauthorized absences
• Excessive sick days
• Frequent Monday/Friday absences
• Repeated absences, particularly if they follow a pattern
• Excessive tardiness especially on Mondays
• Frequent use of unscheduled vacation days to cover
absences
• Instances of leaving work early
• Peculiar and increasingly improbable excuses for absences
• Excessive lateness when returning from breaks, lunch etc.
48

Changes in Personal HabitsChanges in Personal Habits
• Changes in personal appearance
• Declining attention to personal hygiene
• Reporting to work in other than normal condition
• Returning from lunch or dinner in a noticeable different
behavior mode
• Wide swings in morale or mood
• Excessive use of telephone (engaging in guarded
conversations)
• Receiving unusual or inappropriate visitors at work
• Creditors complaining to the supervisor or HR Department
regarding financial concerns
49

Productivity and OtherProductivity and Other
Performance ProblemsPerformance Problems
• Missed deadlines
• Complaints from users of the employee’s production or work
• Improbable excuses for poor job performance
• Wasting materials
• Alternate periods of high and low productivity
• Difficulty in recalling instructions, details, deadlines, etc.
• Difficulty in recalling own mistakes
• Increasing difficulty in handling complex assignments
• Jobs take longer to complete than necessary
• Spasmodic work habits
• Diminished morning performance
• Accidents on the job due to carelessness
• “Peculiar” accidents
• Accidents off the job that affect job performance
50

Changed Relations with Co-WorkersChanged Relations with Co-Workers
• Over-reaction to real or implied criticism
• Borrowing money from co-workers
• Unrealistic resentment to co-workers
• Complaints from co-workers
• Avoidance of Associates
• Increasingly argumentative with co-workers
• Excessive talking with co-workers
51

DocumentationDocumentation
• Supervisor must keep a written record of observations and
discussions of employee job performance: Observation alone
cannot form basis of performance management approach
• Documentation serves several important purposes:
o Prevents your word against mine situation
o If it is not documented it did not happen
o Gives employee specific evident of their performance
o Helps supervisor recognize pattern of problem behavior
o Confrontation is never pleasant but when documented problems
build it is harder to avoid doing what needs to be done
• Document performance issues of all employees—not just
those you suspect of having a drug problem. Store in safe
secure place for confidentiality
• Use Employee discipline forms if you have them
52

ConfrontationConfrontation
(General)(General)
• Must Confront when problem
o Employee has right to know and have chance to comment and correct
problem (for government employees this is part of JUST CAUSE)
o Company has right to expect satisfactory performance
• Purpose
o Get employee to understand there is a performance problem that needs
to be corrected
• Be Well Prepared
o Best chance meeting will be constructive and positive
o Get mentally ready
o Set stage, when, where, who
o Anticipate what to expect
53

Confrontation Preparation ChecklistConfrontation Preparation Checklist
• Getting Yourself Ready
o What are personal feelings about employee
o Accept feelings and focus on being detached and objective
o Consult with someone for advice (more experience supervisor, HR, EAP
staff)
o Recognize if you feel anxious or nervous-this is normal
o Make notes of what you are going to say and have documentation ready
• Setting the Stage
o Meet with you and employee and have witness if necessary
o Arrange for private meeting place with no interruptions
o Identify best time of day for meeting considering employee’s current work
habits and schedule
o Allow sufficient time for meeting and set a time limit
o Make appointment with employee “to discuss matter of importance”. Do
not get sucked into discussing that matter then or describing it in more
detail
o Don’t make appointment too far in advance, this just makes you and
employee more nervous
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Confrontation PreparationConfrontation Preparation
ChecklistChecklist
• Anticipating Employee’s Reaction
o Think about situation from employee’s
perspective
o Employee will likely be defensive, hostile, upset
o Think of ways to get past reactions to ensure
employee hears and understands message.
• “Your job performance has deteriorated and you face
serious consequences if the problems are not resolved”
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Confrontation PreparationConfrontation Preparation
ChecklistChecklist
• Prior to Confrontation Meeting write down
what you will say to each of these areas:
o What is the problem
o What must be done to correct problem and by
when
o What are the consequences if the employee
does not improve
o Give employee chance to explain
o If employee tells you there is a drug and/or
alcohol problem have list of resources where
employee can get help.
56

Confrontation MeetingConfrontation Meeting
• Tell employee about job performance. Use documentation.
• Ask employee to explain behavior
• Define what must be done to correct performance problem
and set time frame
• Get employee to acknowledge performance problem if you
can. Documentation of past issues can help employee
recognize problem
• Obtain Employee’s commitment in writing (if possible)
problem will be corrected
• Emphasize consequences if problem not corrected
• If employee states personal problems are the cause for poor
performance urge employee to seek assistance and explain
what is available. Make sure to tell employee decision to seek
assistance is up to them but that decision to seek help is not
substitute for improving job performance
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Confrontation: GeneralConfrontation: General
Don’ts for SupervisorsDon’ts for Supervisors
• 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
• DON’T Provide counseling or therapy
• DON’T Be a police officer
58

Confrontation: GeneralConfrontation: General
Dos for SupervisorsDos 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
59

Confrontation-Follow UpConfrontation-Follow Up
• Confrontation Meeting is not the end.
Document meeting, continue to observe
and document performance
• Do follow up meeting
o Address whether performance better or
continues to deteriorate
o If same or deteriorated further, do another
confrontation meeting, decide if factors merit
reasonable suspicion drug testing (second
supervisor with training must concur)
o Additional disciplinary action
60

Reasonable SuspicionReasonable Suspicion
• Two supervisors with training must independently agree there are signs employee is
abusing drugs or alcohol
o You observe signs of abuse (listed above)
o You have documented signs
o You have confronted employee and asked for explanation
o You still feel problem may be drug or alcohol related:
• Thank employee for explanation and that you will document what they said
and then say:
o “We still need to have a drug or alcohol test conducted as part of our
fact-finding procedures.
o Take employee immediately to the testing site. Do not let them drive
themselves.
o While waiting for test, monitor employee 100% of time. Do not allow
employee to put anything in their mouths. Do not let employee smoke
before test.
o Once test complete have employee driven home. If they refuse notify
police they may be dangerous.
o Be prepared for excuses and trying to avoid taking the test
• I have to pick up my child from school
• I have a dentist appointment
• You can’t make me (if they say this say “you are right I can’t make you but it is
required by policy and if you don’t go I will have to terminate you for violating
policy”.
61

Handling Potential Crisis SituationsHandling Potential Crisis Situations
• Distinguishing between a crisis situation
and a performance problem
• Crisis situations are less common than
performance problems and can consist
of:
o Dangerous behavior
o Threatening behavior
o Obvious impairment
o Possession of alcohol and other drugs on company property or
during work hours
o Illegal activity
62

Crisis SituationsCrisis Situations
• ACT IMMEDIATELY
o Analyze situation and contact supervisor and HR immediately
• What exactly did you see or were told
• Does there appear to be illegal activity involved, policy violations,
etc.
• Is there a group of employees involved or single individual
• Does the incident involve strangers on company property (call police)
• Are there reliable witnesses
• If you intervene now are you putting yourself in danger or making
situation worse
• Is there specific Company procedure that addresses situation
• Do you need expert assistance
• Do Not Ignore Situation
o Legal obligation to Act
o Negative business consequences
o It won’t go away if ignored
63

Crisis Situations OptionsCrisis Situations Options
• Observe situation
• You may decide it is best for you to observe and then contact management to
assist in developing course of action
• Confront
• If safe and effective confront individual involved. See later slide
• Refer
• Notify supervisor and HR
• Test
• If you have reasonable suspicion employee violating substance abuse policy
(and have second supervisor confirm also) ask employee to take drug test
immediately. Drive employee to testing site yourself.
• Suspend
• Suspend employee pending further investigation. If appears employee is under
the influence or impaired don’t let them drive. Drive employee home. If you let
them drive knowing they are impaired and they hurt someone company will be
held legally responsible
• Watch
• If appropriate to do nothing immediately watch employee’s performance more
carefully.
What ever action is taken ALWAYS NOTIFY YOUR SUPERVISOR, HR AND DOCUMENT
THE INCIDENT
64

Confronting Employee inConfronting Employee in
Drug Crisis SituationDrug Crisis Situation
• If you find drugs, drug paraphernalia or alcohol
o Ask employee to relinquish items. You can’t do anything if they refuse. If
give you items give to authorities
o Take employee to private area with another supervisor as witness
o Tell them your suspicion and get employee’s explanation
o Notify your supervisor—they will decide whether or not to contact police
o Send employee home pending investigation, take them home if impaired.
OR take for drug test (if meet reasonable suspicion criteria)
o Document incident
65

Employee ExcusesEmployee Excuses
• Be prepared for any excuse
o Illegal to make me take drug test
• What I do on my own time is my business
• Those test are not accurate
• I Can’t urinate if someone watching
66

SummarySummary
• Identify and investigate crisis situations
• Recognize workplace problems that may be
related to alcohol and other drugs
• Intervene in problem situations
• Refer employees who have problems with
alcohol and other drugs
• Protect employee confidentiality
• Continue to supervise employees who have
been referred to assistance
• Avoid enabling and common supervisor traps
67

Types of Drugs andTypes of Drugs and
Related IssuesRelated Issues
• Marijuana
o Symptoms of Use
• Reddened eyes, slowed speech, odor on cloths,
fatigue, cough, increased appetite, excessive chewing
gum or talking, dream-like state, slower response time,
reduced ability to concentrate on tasks, impaired short
term memory, personal problems (family, legal,
financial), increased health problems
o Of Note
• THC stores in body fat and releases over long period of
time. Pot today is much stronger than even 10 years
ago.
68

• Cocaine
o Symptoms of Use
• Reduced appetite, excessive thirst, hyperactive, mood
swings, irritability and agitation, increased talkativeness,
faster speech, paranoid, aggressive, financial,
personal, work problems, memory problems grandiose
statements, periods of depression, runny nose, always
sniffing, dilated pupils
o Of Note
• Affects entire nervous system. Addiction can occur
rapidly. Small doses can cause overdose effects.
69

• Amphetamines
o Symptoms of Use
• Reduced appetite, excessive thirst, hyperactive, mood
swings, irritability and agitation, increased talkativeness,
faster speech, paranoid, aggressive, financial,
personal, work problems, memory problems grandiose
statements, periods of depression, runny nose, always
sniffing, dilated pupils
o Of Note
• Known as meth and speed. Very addictive. Gives sense
of increased energy. Used at work to stay awake.
Increased heart attacks and strokes.
70

• Opiates
o Symptoms of Use
• Extreme lethargy, reduced motor coordination, over
relaxation of muscles, drowsiness/sleep, distorted
impaired thought processes, difficulty with memory,
loses time, exhibits euphoria, reduced pain threshold,
constricted pupils, needle marks.
o Of Note
• Prescribed Opiates are legal drugs, but they still affect
performance. Employees should report use of any
opiate.
71

• PCP
o Symptoms of Use
• Increased saliva and sweat, disassociation from reality,
pain, sense of time, inability to feel pain, lack of
concentration and memory, disorganized thought
process, hostile aggressive bizarre behavior,
movements stiff and rigid, depression
o Of Note
• PCP is both a depressant and hallucinogen. This can
cause users to freak out which is very dangerous. This is
not seen as much in the work place as in the past.
72

• Alcohol
o Symptoms of Use
• Slurred speech, difficulty focusing, impaired
coordination, slower response time, staggering, breath
odor, impaired mental reasoning and decision making,
increased health problems, difficulty remembering and
following directions, Personality changes.
o Of Note
• Brain impairment begins with a BAC of .04. .04 usually
does not show signs of impairment. For reasonable
suspicion testing do it quickly. Alcohol rapidly dissipates
from system.
73

Reasonable Cause Observation ChecklistReasonable Cause Observation Checklist
_________________________________________________________________
Employee Period of Evaluation
________________________________________________________________
Supervisor #1 Name and Telephone Number
________________________________________________________________
Supervisor #1 Name and Telephone Number
This checklist is intended for internal use to assist the supervisor in referring a person for drug testing. Check the list below. Put a “D”
if documentation exists.
1. Quality and Quantity of Work
Yes No
___ ____ 1. Clear refusal to do assigned tasks
___ ____ 2. Significant increase in errors
___ ____ 3. Repeated errors in spite of increased guidance
___ ____ 4. Reduced quantity of work
___ ____ 5. Inconsistent, up and down quantity/quality of work
___ ____ 6. Behavior that disrupts work flow
___ ____ 7. Procrastination
___ ____ 8. More than usual supervision necessary
___ ____ 9. Frequent unsupported explanations for poor work performance
___ ____ 10. Noticeable change in written or verbal communication
___ ____ 11. Other (please explain) ______________________________________
74

B. Interpersonal Work Relationships
Yes No
___ ____ 1. Significant changes in relations with co-workers
___ ____ 2. Frequent or intense arguments
___ ____ 3. Verbal abusiveness
___ ____ 4. Physical Abusiveness
___ ____ 5. Persistently withdrawn from people
___ ____ 6. Intentional avoidance of supervisor
___ ____ 7. Expressions of frustration or discontent
___ ____ 8. Change in frequency or nature of complaints
___ ____ 9. Complaints by Co-workers or subordinates
___ ____ 10. Cynical, distrustful comments
___ ____ 11. Unusually sensitive to advice or critique of work
___ ____ 12. Unpredictable response to supervision
___ ____ 13. Passive aggressive attitude or behavior
75

C. General Job Performance
Yes No
___ ____ 1. Excessive unauthorized absences (# in last 12 months)
___ ____ 2. Excessive authorized absences (# in last 12 months)
___ ____ 3. Excessive use of sick leave in last 12 months
___ ____ 4. Frequent Monday/Friday absences
___ ____ 5. Frequent unexplained disappearances
___ ____ 6. Excessive extension of breaks or lunch
___ ____ 7. Frequently leaves work early-number of days per week or month
___ ____ 8. Increased concern about actual incidents, safety offenses involving
employee
___ ____ 9. Experiences or causes job accidents
___ ____ 10. Major change in duties or responsibilities
___ ____ 11. Interferes with or ignores established procedures
___ ____ 12. Inability to follow through on job performance recommendations
76

D. Personal Matters
Yes No
___ ____ 1. Changes in or unusual personal appearance (dress, hygiene)
___ ____ 2. Changes in or unusual speech (incoherent, stuttering, loud)
___ ____ 3. Changes in or unusual physical mannerisms (gestures, posture)
___ ____ 4. Changes in or unusual facial expressions
___ ____ 5. Changes in or unusual level of activity-(much reduced or increased)
___ ____ 6. Changes in or unusual topics of conversation
___ ____ 7. Engages in detailed discussions of death, suicide, harming others
___ ____ 8. Increasing irritability or tearful
___ ____ 9. Persistently boisterous
___ ____ 10. Unpredictable or out of context displays of emotion
___ ____ 11. Unusual fears
___ ____ 12. Lack of appropriate caution
___ ____ 13. Engages in detailed discussion about obtaining using drugs or alcohol
___ ____ 14. Has personal relationship problems
___ ____ 15. Has received professional assistance for emotional /physical problems
___ ____ 16. Makes unfounded accusations towards others
___ ____ 17. Secretive or furtive
___ ____ 18. Memory problems
77

D. Personal Matters
Yes No
___ ____ 19. Frequent colds, flu, excessive fatigue
___ ____ 20. Frequent lies
___ ____ 21. Makes unreliable or false statements
___ ____ 22. Unrealistic self appraisal or grandiose statements
___ ____ 23. Temper tantrums
___ ____ 24. Demanding, rigid, inflexible
_______________________________________________________________
Other concerns –be specific and add additional sheets if necessary
___________________________ ____________________________
Supervisor #1-Date Supervisor #2-Date
78

Training AcknowledgmentTraining Acknowledgment
Class: Supervisor Substance Abuse Training
I, ______________________, certify that I attended training or
studied the Supervisor Drug Awareness and Reasonable
Suspicion Training Class materials. The materials covered at
least one hour applicable to Alcohol abuse and one hour of
Drug abuse, symptoms, general policies and reasonable
suspicion training.
____________________________ _______________
Print Name Date
____________________________
Signature
79

Contact person for explanations:
Bruce Holmes 406-449-5304

Supervisor Drug Awareness and Reasonable Suspicion by P&A Consulting Services

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