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- 1. Reasonable Suspicion Training Jenna Reed Director of Human
Resource Development Services 1
- 2. Purpose of a Drug and Alcohol Free Workplace and Reasonable
Suspicion Training Legal Compliance Promote and Achieve Safe
Workplace Minimize Liability Assure Consistent Policy Enforcement
and Documentation Protect Employees Reduce Expenses 2
- 3. Who Is Impacted? Everyone! Covering or redoing another
employees work Increased injuries 40% of workplace fatalities and
47% of workplace injuries are linked to alcohol use Increased
absences and tardiness likely to have skipped more than two
workdays in the past month Lack of employee stability Low employee
morale Increased workers compensation claims Increased medical
insurance costs Puts themselves and others in danger 3
- 4. Drugs & Alcohol in the Workplace Workers ages 18-25 have
the highest rate of substance abuse 32% of workers stated a
co-workers drug/alcohol use affected their job performance 19.7
million Americans used illicit drugs in the last month 2/3 of drug
abusers are employed; 3/4 of drug abusers work full time 3.1% of
workers reported using illicit drugs before/during work at least
once in the last year 4
- 5. Drugs & Alcohol in the Workplace 1.8% of workers
consumed alcohol before work and 7.1% consumed during the workday.
Alcohol is the most widely abused drug. Approximately 13 million of
working adults are full time heavy drinkers. Highest rates of use
and abuse were reported in food related services, construction
workers, service occupations, and transportation and material
moving workers. Marijuana is the most commonly used illicit drug.
More 18-25 year olds were first time prescription drug abusers than
first time marijuana users. 5
- 6. Drugs & Alcohol in the Workplace- OREGON Use of illicit
drugs by Oregonians is higher than the national average. Heroin is
the most common drug related to death. Meth related deaths have
increased 45% in the last year. Multnomah, Marion, and Lane
counties have the highest number of drug related deaths. Marijuana
and meth are the most abused drugs in Oregon. Approximately 10% of
Oregonians ages 12 and older have used illicit drugs in the past
month. Abuse of prescription medications has dramatically
increased. 6
- 7. Your Role Assess problem situations to detect possible drug
and alcohol problems Take appropriate action to handle problems
promptly and avoid escalation Follow through on action taken to
ensure solutions are consistently implemented 7
- 8. General Steps Observe and document specific behaviors and
physical and job performance indicators. Identify short and long
term indicators. If possible, get agreement of another supervisor
or manager; notify HR. Prepare for and confront employee and stop
employee from performing duties when observations warrant
reasonable suspicion testing. Arrange for testing and transport to
and from facility. 8
- 9. General Steps Complete Reasonable Suspicion Testing Form and
other company documentations if not already completed: Physical
indicators Job performance indicators Specific behaviors Date, time
and course of events Review of company policy Review of testing
procedures Discussion of consequences Employee explanation
Signatures Test is conducted. Positive results are forwarded to
medical review officer, and employee is contacted for explanation.
If results are negative, tests are forwarded back to company.
Determine and proceed with appropriate disciplinary action, if
necessary. 9
- 10. Observe Performance Indicators Increased or unexplained
absences, continual excuses. Extended rest and meal periods. Lack
of concentration; unwilling or unable to follow directions.
Decreased productivity. Inability to get along with co-workers and
frequent disruptions. Increased mistakes, accidents, injuries.
Change in attitude and/or Social withdrawal. Disregard for safety;
taking unnecessary risks. Unreliable; often away from assigned job.
Making unbelievable excuses; blaming others. 10
- 11. Observe other Indicators Drug paraphernalia (roach clips,
bent/burnt spoons, razor blades, straws) Odor from illegal drugs
(i.e., marijuana smoke) Specific observations of use 11
- 12. Effects of Drug and Alcohol Abuse Early Phase Disease
Impact Signs Indicators Uses to relieve tension 90% efficiency
Performance more mistakes Physical tolerance increases misses
deadlines Memory problems Attendance absent Lies about use 75%
efficiency late General Behavior overreacts to criticism complains
about being ill lies cant get along with others This person uses to
regulate behavior, emotions and generally can still regulate their
use. This person typically begins to experience negative
consequences of their use. 12
- 13. Effects of Drug and Alcohol Abuse Middle Phase Disease
Impact Signs Indicators Sneaks use Warnings at work Performance
difficulty concentrating Feels guilty about use Family problems
Attendance Tremors Financial problems more days off for vague
reasons Depression Wages Garnished General Behavior Loss of
interest Lifestyle changes undependable exaggerates Health
deteriorates unreasonable resentment blames others 50% efficiency
lack of accountability This person has an increased tolerance and
reliance on the substance. Lifestyle begins to revolve around the
substance. 13
- 14. Effects of Drug and Alcohol Abuse Late Phase Disease Impact
Signs Indicators Avoids discussion Disciplinary action Performance
about disease/problem far below whats expected Trouble with Police
no improvement Attempts to control use discipline/discharge fail
30% efficiency Attendance frequently off Neglects food Serious
family problems prolonged/unpredictable absences Isolation Final
warnings at General Behavior Other (normal) activities
work/termination aggressive Interfere with use belligerent Serious
financial physical deterioration Blames people & things
disconnect with ethical for their problems problems values uses on
the job 14
- 15. Observe Physical Indicators Lack of Coordination
Constricted Pupils Bloodshot / Watery Eyes Sleepy Aggressive /
Antagonistic Slurred Speech Slow Reaction Rate Odor Loss of
Inhibitions 15
- 16. Physical Indicators of Marijuana Reddened / Bloodshot Eyes
Diminished Concentration Impaired Vision Slowed Speech Fatigue
Cough / Sore Throat Pungent Aroma Forgetfulness 16
- 17. Physical Indicators of Amphetamines Talkative Confusion
Sweating and Shaking Aggressive and Restless Dilated Pupils
Impulsive Loss of Appetite and Loss of Sleep Difficulty
concentrating or increased ability to concentrate 17
- 18. Physical Indicators of Cocaine Short high and euphoria
Talkative Mood / Energy Swings Dry Mouth Diminished Concentration
Dilated Pupils and/or Impaired Vision Runny / Irritated Nose
Frequent / Extended Absences Respiratory Problems Anxious and
Irritable 18
- 19. Physical Indicators of Opiates Low / Raspy Speech Mood
Swings Fatigue / Drowsiness Impaired Coordination Dry Mouth
Constricted Pupils Tracks Nausea / Vomiting Short Euphoria and/or
Dreamlike State Pain Suppression 19
- 20. Physical Indicators of PCP Impaired Coordination Extreme
Mood Swings Violent / Combative Agitation Dizziness and/or Sweating
Jerky Eye Movement Hallucinations Extreme Physical and Mental
Reactions Disorientation Lack of Sensory Perception 20
- 21. Documenting Specific Observable Behaviors and Worker
Performance Document specific observable behaviors, as well as
physical and job performance indicators. You need more than an
inarticulable hunch: specific observable behaviors physical
indicators job performance indicators contemporaneous observation
Get agreement from another supervisor or manager. 21
- 22. Documenting Specific Observable Behaviors and Worker
Performance Also document: Any employee explanation Date, time and
course of events Review of company policy Discussion of
consequences Review of testing procedures Review other personnel
records: Attendance Disciplinary Performance 22
- 23. Documenting Specific Observable Behaviors and Worker
Performance This person looks like theyre drunk or on drugs NOT
SPECIFIC John came in 30 minutes late this morning. When he arrived
he look disheveled, had bloodshot eyes and was slurring his speech.
When I asked him why he was late he said he got caught in traffic.
The smell of alcohol was on his breath. - SPECIFIC 23
- 24. Observable Behaviors Checklist 24
- 25. Confronting an Employee Stick to the facts Base your
conversation on what you have seen, smelled or heard. Be specific.
You need more than an inarticulable hunch. One or more supervisors
agree to Specific observable behaviors (physical and job
performance indicators) Observations must be made close in time of
the decision to test. Keep it private; maintain confidentiality.
Use your documentation to discuss your specific observations.
Review company policy and procedures. 25
- 26. Confronting an Employee Show concern and listen carefully
and respectfully Repeat observations if necessary Emphasize your
companys policies Discuss testing process, including consequences
of refusing to take the test and possible outcomes and consequences
Make expectations and consequences clear Prepare for voluntary
disclosure Refer to testing Document the meeting 26
- 27. If The Employee is Being: Defensive or denies your comments
Dont get defensive back Stay focused on the facts and what youve
documented Wont stop talking and making excuses Interrupt and let
the employee there will be time from them to tell their side of the
story Starts crying Acknowledge that this can be emotional and
allow them time to get composed Becomes uncooperative Acknowledge
their frustration but stay on track and explain their options
27
- 28. Reasonable Suspicion Scenarios SCENARIO 1: There are enough
short-term or long-term indicators to show reasonable cause for
drug and alcohol testing: STEP 1: Check the list of short-term and
long-term indicators and document what you have specifically
observed. Do not rely on what others have told you. STEP 2: Get a
second opinion from another supervisor or from Human Resources that
indicators are reasonable cause. STEP 3: Prepare yourself to
approach the employee. 28
- 29. Reasonable Suspicion Scenarios SCENARIO 1: There are enough
short-term or long-term indicators to show reasonable cause for
drug and alcohol testing: STEP 4: Take the employee to a private
location. Specifically state what you have observed (you need more
than an inarticulate hunch). Use your documentation to explain your
observations. Give the employee the chance to respond to your
observations. Review your company policy. Advise the employee that
he/she has two choices: Go immediately for testing Voluntarily
resign from employment 29
- 30. Reasonable Suspicion Scenarios SCENARIO 1: There are enough
short-term or long-term indicators to show reasonable cause for
drug and alcohol testing: STEP 5: Take action according to the
employees choice. If employee chooses testing: Explain the testing
process in general Advise the employee that he/she is suspended
immediately until test results are back. Arrange for transportation
(employee should never drive on their own) Document that the
employee went for testing on the Reasonable Cause Observation
Checklist and send to HR for the file. Contact HR for follow up
instructions. If employee chooses a voluntary resignation: Process
normal paperwork for termination of employment. Document the
employees choice on the Reasonable Cause Observation Checklist and
send to HR for the file. 30
- 31. Reasonable Suspicion Scenarios SCENARIO 2: There are NOT
enough short-term or long-term indicators to show reasonable cause
for drug and alcohol testing, but the supervisor/manager suspects
drugs and/or alcohol are being used during working hours: STEP 1:
Check the list of short-term and long-term indicators and document
what you have specifically observed. Do not rely on what others
have told you. STEP 2: Prepare yourself to approach the employee.
STEP 3: Take the employee to a private location. Specifically state
what you have observed (you need more than an inarticulate hunch).
Use your documentation to explain your observations. Give the
employee the chance to respond to your observations. Remind the
employee about the Drug and Alcohol Policy and advise him/her that,
if violation of the policy occurs at any time, the result will be
disciplinary action up to and including termination of employment.
STEP 4: Document the discussion on the Reasonable Cause Observation
Checklist and send to HR for 31 the file.
- 32. Reasonable Suspicion Scenarios SCENARIO 3: Employees are
seen engaging in drug or alcohol activity in the workplace: STEP 1:
Check the list of short-term and long-term indicators and document
what you have specifically observed. Do not rely on what others
have told you. STEP 2: Get a second opinion from another supervisor
or from Human Resources that indicators are reasonable cause. STEP
3: Prepare yourself to approach the employee. 32
- 33. Reasonable Suspicion Scenarios SCENARIO 3: Employees are
seen engaging in drug or alcohol activity in the workplace: STEP 4:
Take the employee to a private location. State that you have
observed indicators which appear to be direct violations of the
Company Drug and Alcohol Policy. Read the list of indicators. Give
the employee the chance to respond to your observations. Review the
Company policy. Advise the employee that he/she is suspended
immediately pending an investigation of the circumstances. Advise
the employee that he/she will be contacted when the investigation
is completed. Advise the employee that if no violation is found,
the suspension will be paid and he/she may return to work. If a
violation is found, employment will be terminated. 33
- 34. Reasonable Suspicion Scenarios SCENARIO 3: Employees are
seen engaging in drug or alcohol activity in the workplace: STEP 5:
Document the observations and discussion on the Reasonable Cause
Observation Checklist and send to HR for the file. STEP 6: Contact
HR for investigation and follow-up. 34
- 35. CEA Drug and Alcohol Sample Policy 35
- 36. Testing Process Review company policy and testing
procedures. Document that you did this. Do NOT allow the employee
to drive on their own. A supervisor or manager must transport the
employee to the testing facility. Arrange for transportation home
as well. The employee should not be left alone at the testing
facility, nor should the employee ever be out of sight. Company
policy should address consequences if the employee refuses to take
the test or if they cannot produce a sample. Employees should be
given notice of the test results and an opportunity to explain
positive results with a medical review officer. If the company
allows a second test, this should also be discussed. Results will
be reported to the designated employer representative. 36
- 37. Post Test Process Documentation Reasonable Suspicion Form
Document behaviors or admissions Obtain signatures 37
- 38. Consequences of Failed Test Return to Work Last Chance
Agreement EAP Referral Other Disciplinary Action Leave Transfer
Suspension Termination If employee returns to work, continue to
monitor and document behaviors and other indicators. 38
- 39. If Results Are Negative Employee may have used an
adulterant Employee may not have had enough in their system for
detection Behavior may not be the result of drug use Address
performance issues and state expectations Consider fitness for duty
referral Continue to monitor and document Monitor other employees
to minimize gossip and retaliation 39
- 40. Common Mistakes Not consistently following and enforcing
the companys policy Letting employee drive on their own Basing
reasonable suspicion on hearsay Inappropriate testing procedures
Failing to maintain confidentiality 40
- 41. THANK YOU 41