Slide 1 - Multnomah County

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					  Multnomah County
Drug and Alcohol Policy
 Training for Managers
   Jim Younger           Wayne Scott
Drug and Alcohol      Human Resources
Policy Coordinator        Manager
 Labor Relations     Talent Development
                                 Revised November 1, 2009
 Name

 Department

 Title

 Whether   supervise CDL Holders
Introductions (continued)

   What do you want
     to get out of
      this class?
                Class objectives
Upon completion of this class, participants should be able
 Understand   the purpose of the Alcohol and Drug Policy
  and the related labor contract issues
 Recognize the signs and symptoms of drug use and
  alcohol misuse
 Articulate the effects of drugs and alcohol on a person’s
  health, work, and personal life
 Explain key terms such as “under the influence,”
  “reasonable suspicion,” and “fitness for duty”
 Understand what steps supervisors and managers must
  take when they have reasonable suspicion of alcohol or
  drug use, or concerns regarding fitness of duty
      True or False?

In 2006, Oregon’s per capita
    drug use exceeded the
      national per capita
     True or False?

Oregon is listed as one of
the top seven marijuana-
 producing states in the
    True or False?

 Methamphetmine is the
 fastest growing type of
 substance abuse, both
nationally and in Oregon.
    True or False?

   Most self-reported
alcohol and drug abusers
  work full or part-time.
        True or False?

It is estimated that 10% of the
 American workforce (full and
part-time employees) regularly
  abuse or are dependent on
        alcohol or drugs.
      True or False?

  In studies of workplace
 substance use by industry,
government employees had
the highest rates of problem
       substance use.
    True or False?

 Problem alcohol and
drug use is significantly
  correlated with job
   True or False?

 Unemployed people
drink and/or use more.
    True or False?

Employees who work in
organizations with clear
prohibitive polices about
  drug and alcohol had
 lower rates of drug use
   and heavy drinking.
    True or False?

Most people who would
  benefit from drug or
alcohol treatment do not
recognize that they have
      a problem.
     MODULE 2
 Multnomah County’s
    D & A Policy:
Identifying and testing
       Why do we have a policy?

   Drug Free Workplace Act of 1988
   Safe and productive working environment
   Public perception
   Guidelines and consistency
                   The Rules
   Non-Represented - PR 4-50
   Electrical Workers/Local 48 – Addendum D
   FOPPO – Addendum D
   Local 88 – Addendum H
   Juvenile Custody - Addendum D
   MCCDA – Article 12, Section 10
   MCDSA – Article 11, Section H
   ONA – Addendum C
   Operating Engineers/701 – Addendum E
   Painters/Local 1094 – Addendum E
                  Basic work rules
Employees must not:
 Possess, consume, manufacture, distribute, buy or sell
  drugs, drug paraphernalia, or alcohol on County premises
  or while off County premises doing County work

   Distribute, dispense, or sell prescription medications
    (except if part of job duties)

   Possess or consume medications without a valid

   Render themselves unfit to fully perform work duties
    because of the use of alcohol or illegal drugs or because of
    the abuse of prescription or non-prescription drugs
       Where do the rules apply?
Any drug and alcohol usage:

   On County property or parking lots (owned or

   In County vehicles

   While using County property

   Anywhere while on duty
    When can employees be tested?
All employees may be tested:

   Based on reasonable suspicion of being “under
    the influence” of alcohol or drugs

   Before returning to work after testing positive
    for being under the influence

   Randomly as provided for in a Last Chance
    Agreement (LCA)
When must CDL holders be tested?
   Pre-employment

   Random

   Post-Accident

   Reasonable Suspicion

   Return to Duty
      Under the Influence
 Alcohol

   Non-CDL holders - .04%
   CDL Holders - .02%

 Drugs – presence of controlled substances at
 or above the DOT levels for CDL holders
  THC                    PCP

  Cocaine                Amphetamines

     Reasonable suspicion

Reasonable suspicion is a set of
objective and specific observations
or facts which lead a supervisor to
suspect that an employee is under
the influence of drugs, controlled
substances, or alcohol.
    Notice of Reasonable Suspicion
   The supervisor should orally articulate the
    facts which form the basis for believing the
    employee is under the influence.

   Upon request, and within forty-eight (48)
    hours of the oral determination, the
    supervisor shall provide the employee with
    the reasons for the reasonable suspicion in
            Supervisor training
   Training: Only supervisors who have taken
    the County’s Drug and Alcohol Policy for
    Supervisors training have the authority to
    direct employees for testing on the basis of
    reasonable suspicion.

   Lead Workers: Lead workers who have
    received the training are considered
    “supervisors” for the purposes establishing
    reasonable suspicion.
    Supervisor consultation
Except in field or shift circumstances
which render contact difficult, no
supervisor shall refer an employee for
reasonable suspicion testing unless the
supervisor has consulted with another
supervisor regarding the grounds for
the suspicion.
    Taking the employee for testing
   Complete the Bio-Med Request for Drug and Alcohol
    Testing Form found on the Labor Relations MINT site
   Arrange to transport (for reasonable suspicion and post-
    accident testing) or direct the employee (for random and
    follow-up testing) to one of the below collection sites
       Legacy Central Lab, 1225 NE 2nd Avenue, (503) 413-5000
       Gresham Urgent Care, 2850 E Powell Valley Road, #100,
        (503) 924-1388
   It is not necessary to make an appointment for drug and
    alcohol screening between the hours of 8:00 AM and
    5:00 PM.
    After-Hours Testing: Holidays, Weekends,
    and Monday – Friday, 5:00 PM – 8:00 AM
   Arrange to transport the employee to the Legacy Central Lab
    collection site [1225 NE 2nd Avenue, (503) 413-5000]
   On weekends only, you need to call first so that a staff member
    can be ready at the site when you arrive
   Legacy should have the County’s protocols on file, however, if
    needed, inform the collections person:
      Whether the test is for reasonable suspicion, post-accident
        DOT, or random testing for a 24-7 work unit.
      The requested panel to test for is:

           THC                           Opiates
           Cocaine                       PCP
           Amphetamines
    Taking the employee for testing
   Supervisors should accompany the employee
    to the testing site and make arrangements to
    transport the employee home.
   Supervisors can take a County vehicle, their
    personal vehicle or arrange for a driver (i.e.
    taxi or shuttle service).
   The employee is placed on paid
    administrative leave until the test results are
            Cooperation with policy
   Employees must not interfere with the administration of
    the policy; cannot taint or substitute urine sample, falsify
    information, or fail to cooperate with tests to determine
    the presence of alcohol or drugs.

   Employees must respond fully and accurately to the
    MRO and authorize the MRO to contact their health
    care providers upon request.

   Employees must provide within twenty-four (24) hours
    of request a current valid prescription in the employee’s
    name for any drug or medication which the employee
    alleges gave rise to reasonable suspicion of being under
    the influence of alcohol or drugs.
         The MRO and test results
   MRO issues test results to Labor Relations.

   MRO makes three (3) attempts to contact
    employees to discuss positive test results before
    reporting results to the County.

   MRO may change positive results to negative if the
    employee has a valid prescription that provides a
    medically legitimate reason for the test result (i.e.
    positive for Opiates and have a prescription for
                  Employee appeals
   Employees have five (5) days to file an appeal after
    receiving the results from Labor Relations.
   The result of the retest is final.
   Failure to appeal is deemed acceptance of the results.
   Retests are limited to drug tests using the original specimen
    (“A” Bottle and “B” Bottle).
   No appeals for breathalyzers; results are validated at the
    time of the test.
   Retests are done at the employee’s expense.
  What does problem
substance use look like in
     the workplace?
     Confronting Social Taboos,
        Avoiding Enabling
Break into groups of 5 participants. Elect a
  recorder and someone to report out. Answer
  the following questions:
     What are some of the social norms and barriers
      that prevent us from confronting an
      employee about substance use problems?
     What are the negative consequences of
 Confronting Social Taboos,
    Avoiding Enabling

    What is ENABLING?
What steps can managers take to
        avoid enabling?
Fitness for duty
        Employee fitness for duty
Employees must:
   Educate themselves about the effects of their
    prescription and non-prescription medications.

   Not render themselves unfit to fully perform
    work duties because of use of alcohol, illegal
    drugs, prescription and non-prescription drugs.

   Not be absent due to usage unless a part of a
    rehab program while on FMLA/OFLA.
         Fitness for duty and safety
   Employees must notify their supervisor in advance,
    by completing the Drug and Alcohol Policy Notification
    Form, when their usage of medications may impair
    their ability to perform essential functions of their
    position that will result in a direct threat to
    themselves or others.
   Employees who drive as a part of their job should
    report when they are taking any medication that may
    impair their ability to drive.
   Supervisors must determine whether there is a safety
    risk; if unable to make determination then request
    information from health care provider or send
    employee for an independent medical exam.
      Attendance standards
Employees must not be absent from
work because of the use of alcohol or
illegal drugs or because of the abuse of
prescription or non-prescription
medications, except when absent to
participate in a qualified assessment and
rehabilitation program while on
approved leave.
      How are prescription drugs
   Using other people’s prescriptions

   Out-dated prescriptions

   Taking a larger dose than prescribed

   Taking the drug for too long

   Taking the drugs along with others
           Points to Remember
Employees should:
 Understand medicines react differently with each person.
 Talk to their health care provider about the effects
 Tell their health care provider what other medicines they
  are already taking.
 Read labels and insert sheets that come with most
 Take the right dose at the right time by the right route of
 Never take someone else’s medicine.
 Check the alcohol content of the medicine.
   Module 4
and Last Chance
                 Weingarten rights
   Employees have the right to union representation
    during investigatory interviews that could lead to
   A drug and alcohol test is not an investigatory interview;
    therefore Weingarten rights do not attach.
   If an employee asks for representation, do not ask any
    questions that could lead to discipline; a meeting can be
    scheduled for a later date.
   Do not delay testing to wait for a union steward
    because alcohol metabolizes quickly; any delays could
    affect the test results.
   A positive test result for drugs and/or alcohol in
    violation of our policy is considered a terminable offense.
   Non-probationary employees may be offered a Last
    Chance Agreement (LCA) in lieu of termination.
   LCAs are not offered if there is any misconduct
    associated with the positive test result.
   Employees are only eligible once for a LCA; repeat
    violations result in termination.
   Certain duties imply a higher standard of accountability
    (i.e. law enforcement, working with minors, dispensing
    medications, CDL holders, etc.).
   Required treatment programs
Employees must:
 Complete any assessments or treatment
  programs that are required as part of a Last
  Chance Agreement (LCA) after violating the
  policy; failure to complete the program subjects
  the employee to further discipline, including
 Sign a waiver authorizing treatment providers to
  speak with HR to verify successful completion
  of treatment programs.
       Testing employees on a LCA
   Labor Relations uses a random date generator to schedule tests
    over a period of two (2) years.
   Labor Relations will notify the supervisor on the day of the
    random test to direct the employee to testing.
   Once an employee is notified s/he is directed to go to testing,
    the employee must do so immediately.
   Supervisors do not need to accompany employees to the
    testing facility and employees are allowed to return to work
    pending the test results.
   Supervisors should note the time the employee leaves for
    testing and the time that s/he returns from testing; supervisors
    may be required to provide this information to Labor Relations
    depending on the outcome of the test results.
                    Testing delays
   If the employee is not at work on the day the supervisor is
    notified, or is working at another location, or if there is
    another significant reason why the supervisor is unable to
    send the employee to testing on that day, the supervisor
    may wait until the next time the employee is at work to
    direct him/her for testing.
   If there is a delay in sending the employee to testing,
    supervisors should not let him/her know that s/he has
    been randomly selected until s/he is officially being
    instructed to go to the testing site.
   Supervisors should let Labor Relations know of the testing
    delay and the reason for the delay.
      Module 5
Other Drug & Alcohol
    Policy Issues
            Violations of law
Employees must disclose promptly (upon the next
  working day) to their supervisor:
 All drug or alcohol related arrests, citations,
  convictions, guilty pleas, no contest pleas or
  diversions which resulted from conduct which
  occurred while on duty, on County property or in
  a County vehicle;
 Any other violation of laws regulating the use of
 alcohol and controlled substances which
 adversely affects the employee’s ability to
 perform major job functions.
               Gifts of Alcohol

   Employees may bring alcohol to work in sealed
    containers for gift purposes.

   Employees must notify their supervisor when
    bringing a gift of alcohol to work.
         Medical documentation
   Any documentation related to an employee’s
    dependency on drugs or alcohol, usage of
    prescription drugs, and drug and alcohol testing
    should be kept in confidential medical files in
    your department human resources office and
    Labor Relations.

   Do not keep any medical information in
    supervisor files.
           FMLA/OFLA and ADA
   Employees who have a dependency on drugs and
    alcohol are encouraged to seek treatment.

   Many employees who seek treatment will qualify
    for FMLA/OFLA.

   Employees who have a dependency, have sought
    treatment (or are otherwise rehabilitated), and are
    no longer using are qualified individuals under the
    ADA; this may require reasonable accommodation
    to allow them to participate in group therapy and
    other treatment programs.
       Tools for Confronting
      Problem Substance Use
 Communicate clearly and honestly

 Talk from your own observations

 Focus on the facts and the specifics of the
  behaviors and actions
 Remain objective and firm

 Present plan
       Tools for Confronting
      Problem Substance Use
 Take the employee’s reaction personally

 Get angry

 Be accusatory

 Blame, humiliate, or criticize the person

 Talk to other co-workers (except for other
 Rescue the employee
Scenarios – Let’s Practice!
                       Scenario #1
Facts: A supervisor observes an employee smells like alcohol and
 consults with another supervisor who agrees there is reasonable
 suspicion the employee is under the influence. The employee is told
 she will be taken for testing and asked to wait at her desk. When the
 supervisor returns, the employee has left without being tested.
1. What are the policy violations?

2. Are the employee’s actions a terminable offense?

3. Should the County offer a Last Chance Agreement? Does it make a
   difference if the employee has 20 years of service?
4. Are there any other actions the supervisor should consider taking?

5. Could the supervisor have done anything different to change the
                      Scenario #2
Facts: An employee is seen falling asleep at work on several
 occasions. The employee also seems confused and has difficultly
 processing information. The supervisor directs the employee to
 testing and the test results come back negative.
1. What actions should the supervisor take after receiving the negative
   test results?
2. What should the supervisor do if the employee discloses they are
   taking a prescription medicine that may have strong side effects?
3. If the employee states they are on the prescription medicine at the
   time the supervisor notifies them of the reasonable suspicion,
   should the supervisor still take the employee in for testing?
4. Do the answers to the above questions change if the employee has
   duties that involve occasional driving?
                     Scenario #3
Facts: A supervisor observes an employee smells like alcohol. The
  supervisor is unable to find another supervisor who has taken the
  Drug and Alcohol training to consult with. The supervisor has a
  prior history with the employee whereby the employee has
  accused the supervisor of treating her more harshly than other
1. Should the supervisor take the employee in for testing even
   though there isn’t a second supervisor consultation?
2. How long should the supervisor wait before deciding whether to
   take the employee in for testing?
3. Since the reasonable suspicion is for alcohol, should the
   employee be tested for drugs as well?
4. What actions can the supervisor take to protect themselves from
   new allegations of mistreatment from the employee?
                     Scenario #4
Facts: A non-CDL holding employee has one beer at lunch off
 of County premises. He is 250 lbs and knows he can drink a
 beer without registering a .04% BAC level.
1. Has the employee violated the County’s alcohol policy?
2. What if the employee was traveling in a County vehicle before
   and after lunch?
3. What if the employee was on a paid lunch period?
4. Are there other personnel rules that the employee may be
5. What should the supervisor do if the employee returns to work
   smelling like alcohol, but states he has only consumed one beer
   and doesn’t appear to be under the influence?
                      Scenario #5
Facts: Staff report that one employee—a temporary worker—
  smells like alcohol and has slurred words and confusion. The
  supervisor investigates and believes that the employee smells like
  alcohol. Another trained supervisor is not available to consult
  until two hours later. When that supervisor meets with the
  employee, she does not smell alcohol or notice impaired speech.
  She does note that the employee is behaving erratically and is
  emotionally volatile.

1. How should the two supervisors resolve the discrepancy?
2. Is there reasonable suspicion to send the employee for testing?
3. Should temporary employees be treated differently because they
   are temporary employees?
4. Could this situation have been avoided?
             County Resources
   Drug and Alcohol Policy webpage on the MINT

   Employee Assistance Program

   Peer Support Program

   Department Human Resources Unit

   Labor Relations

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