Reasonable suspicion

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

Reasonable suspicion

Documents

medical review officer

job performance indicators

worker performance

company policy

alcohol policy

inarticulable hunch

inarticulate hunch

illicit drugs