This document provides guidance on building and implementing an effective drug-free workplace program. It discusses signs of drug use in the workplace, considerations for developing a drug policy, types of drug testing including random and reasonable suspicion testing, handling situations involving alcohol and prescription drug use, and balancing employee privacy rights with employer needs. Resources for prevention, testing, detection and treatment are also presented. The overall message is that a balanced approach focusing on both detection and rehabilitation works best.

1. Knapp Trimboli & PrusinowskiandPrevention First How to Build, Implement and Sustain a Drug-Free Work Place

2. This presentation is for informational purposes only and is not intended as a substitute for legal advice. Any employer who wishes to adopt a drug-free workplace policy or institute drug testing is strongly advised to obtain and consult with competent counsel experienced in this field.

3. Today’s Session Introductions Just the facts: Illegal drug use and the workplace Building the drug free program and policy that works for your business Implementing a drug testing program Implementing a drug detection program (addressing possession and distribution issues onsite and in fleets) Employee privacy and discrimination considerations Policy into practice: options and resources

4. Drugs at the Workplace 70% of drug abusers are employed, and, on average, they found jobs in companies with no drug policy or poorly implemented programs* Costs: 40% of all industrial fatalities 33% less productive 300% higher medical costs and benefits than non-abusers 1%-10% payroll costs Drug use and Safety are the top concerns for NJ business (small, med and large)* * Partnership for Drug Free New Jersey workplace report 1/09

6. Stressful work environment

7. Marital status

8. Frequent job changesSource: http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp

10. What conduct is prohibited.

11. Drinking/drugging on the job.

12. Being impaired on the job.

13. Failing to disclose that they may be impaired.

14. Consequences for engaging in prohibited conduct.

15. Periods in which the prohibitions apply.

16. Circumstances in which testing will occur.

17. Random?

18. Reasonable suspicion?

19. Others?

20. Testing Procedures.

21. Competent professionals.

22. Effects of Drugs/Alcohol.

23. Signs and Symptoms of a Substance Problem.

24. Supervisory training.

25. Where to go for help.Please note that DOL strongly recommends that you have your policy reviewed by a legal consultant, such as a labor/employment attorney, prior to distribution and implementation.

27. At first, it was met with suspicion.

28. Within a decade, attitudes had changed.

29. Persistence of abuse issues in our society.

30. High profile cases

31. Federal regulations mandating substance testing in transportation, and become a model for reliable testing that safeguarded employee rights and emphasized treatment rather than punishment.

32. General recognition by the courts, Congress and states that employers have a legitimate interest in using testing as a means of maintaining an unimpaired work force, especially when safety issues are present.

34. Random selection by computer-generated random number or similar process. Should truly be random (e.g., cannot “suggest” that certain persons end up on the test list).

35. Private sector: permitted in New Jersey only for employees who hold safety-sensitive positions where the need to assure sobriety in the workplace is clear, e.g., a night supervisor responsible for the safe operation of an oil refinery.

36. Public sector: permitted in New Jersey only for employers who have a special need to assure that employees holding safety-sensitive positions are capable of performing their functions safely, e.g., police and firefighters.

39. Possessing drugs or alcohol on one’s person.

42. Public sector employers in New Jersey: applicants may be subjected to testing when the employer can assert a special need such as public safety, or when the applicants seek employment in a highly regulated field such as law enforcement.

44. Generally permissible under New Jersey law in both the public and private sectors.

45. Mandated under USDOT regulations.

46. Follow Up Testing: Testing of an employee who has previously tested positive or has otherwise been found to have abused substances, to assure compliance with substance abuse treatment program or “stay sober” mandate.

47. Mandated under USDOT regulations.

48. Under New Jersey law, is permissible with employee’s consent, e.g., under a “last chance” return to duty agreement.

49. Post Accident Testing: Testing of an employee immediately following an accident involving or caused by the employee.

50. Mandated under USDOT regulations.

52. Having a prior history of abuse is protected, provided it is truly a prior history.

54. Illinois case: “forcing” an employee to “admit” that she was an alcoholic when she was not.

55. Punish behavior, do not assume a substance problem.

56. Allow employee to raise issue.

57. Treatment/evaluation only as part of “mutual understanding.”

60. Pre-employment

63. Not considered “searches,” as they merely detect the presence of odors emanating from substances.

64. Bringing the canine into private property without permission of owner constitutes a “search;” but it is the invasion of private property, not the “sniffing,” that constitutes the “search.”

65. Canine’s detection of substances provides probable cause for search.

66. Private drug detection firms are available for sweeps and deterrence

67. Canine and operators must be trained and competent – certification.

69. No expectation of privacy in employer’s property, especially when employees are placed on notice of employer’s intention to conduct searches of its property.

70. Expectation of privacy may arise by way of employer promise or representation, (e.g., employer provided employee with private desk to which employee alone has access).

71. Searches of Employee Property (purses, cars, etc)

72. Employee privacy rights balanced against employer’s special need to conduct search.

73. Demonstrated prevalence of substance abuse.

74. Detection by canine.

75. Safety-sensitive working conditions.

78. Accepting drug use and alcohol abuse as part of modern life and a cost of doing business

79. Over reliance on drug testing

80. Focusing on termination of users rather than rehabilitation

81. Reluctance of supervisors to confront employees on the basis of poor performance

82. Reinforcing an individual's denial regarding the impact of his or her alcohol and drug use

83. Restricting benefits and/or access to treatment of alcoholism and addiction

85. The need to know and rights to privacy

86. Detection and rehabilitation

87. Respect for employees and the safety of all

88. Clear communication

89. Will not tolerate

90. Effects on drug use

91. Impact on work

92. Impact on them

93. What you will do

95. Next steps Join our program on July 16th 12-1:00pm Drug Users on Your Payroll: Drug Recognition, Concealment Strategies and Intervention We will cover: Physical signs Behavioral indicators (users and dealers) Concealment strategies Testing and Hiding When and how to intervene and barriers to intervention

96. Thank You Copyright © 2009, Knapp, Trimboli & Prusinowski, L.L.C. All Rights Reserved