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Supervisor Drug and Alcohol Just Cause Training.pptx

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					         Supervisor            Presented by Diana Byrnes,
                         Substance Abuse Management Specialist

Substance Abuse Training and
                    Center for Urban Transportation Research
                          University of South Florida- Tampa FL

     Education Program

Amphetamines   Cocaine            Marijuana               Opiates   PCP   Alcohol
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A minimal base level of training
• A minimum of 60 minutes of training to all
  safety-sensitive employees

      – Effects and consequences of prohibited drug use
        on personal health, safety, and the work
        environment
      – Manifestation and behavioral cues of drug use
      – Alcohol training not required
             • If included, must be in addition to the 60 minutes on
               drugs

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    Supervisory training may include:
• Post Accident Testing
             •   Criteria
             •   Testing windows
             •   Documentation forms
             •   Internal protocol, re: transport, etc.
• DOT Specimen Collection and Testing Process
             • What to expect at the collection site
             • Integrity of the laboratory testing, MRO review of
               positive results to protect employee rights



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              Supervisor Training
                Best Practices
• Exceed regulatory minimums
• Utilize role play exercises
• Empower supervisors- emphasize
  management’s support
• Stress to supervisors that its okay if the test
  comes back negative
• Consider the addition of Post Accident training

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             Reasonable Suspicion Training
               for Drug and Alcohol Use


                 MAKE THE CALL
   Did you know that substance abusers costs
  employers approximately $10 000/year due to
    absenteeism, low productivity, lost time
   accidents and increased health and worker
              compensation costs?


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                  Making the Call to Test
             “Making the call and being wrong is just a
              mistake, but making the call and being
                       right can save lives”.



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             Under Companhy policy…
• All members are subject to testing
• A member with a positive test will be
  removed from the worksite
• The member with a positive will then be
  contacted by Supervisor review and help
• The member will return to work only after
  successful completion of treatment
• Second positive = discipline / discharge


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              Making the Call

• Is decreasing job performance a cause for referral?




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             Making the Call

• Are physical signs and symptoms a cause for
  referral?




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               Making the Call

• Is a Phone tip cause for referral?




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               Making the Call

• Is the odor of alcohol cause for referral?




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             Making the Call
• Is possession of drug paraphernalia cause for
  referral?




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             Making the Call
• Is the evidence of alcohol use cause for
  referral?




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             The Supervisor is the Eye
• Supervisors work closely with their employees
  and are often the first to notice significant
  changes in an employee's behavior due to a
  substance abuse problem.
• 20% of industrial fatalities have a drug and
  alcohol connection



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             A supervisor should:
•   Know and understand the policy / rules
•   Regularly document performance issues
•   Be able to answer questions about it
•   Be responsible for enforcing the policy
•   Convey an attitude of confidentiality
•   Be supportive of the policy
•   Identify possible use, and take action

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                                 CANADA!
               In B.C., drug and alcohol testing programs of provincially
              regulated employers can be challenged under s. 13 of the
              B.C. Human Rights Code, which prohibits discrimination in
               employment on the basis of physical or mental disability
                    unless the discrimination is based on a bona fide
             occupational requirement. For federally regulated industries,
                the applicable legislation is ss. 7 and 10 of the Canadian
                                   Human Rights Act.
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             No are you sure!




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                 Employers
• The Code – The duty to accommodate persons with
  disabilities means accommodation must be provided
  in a manner that most respects the dignity of the
  person, if to do so does not create undue hardship




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                               The Human Rights Code
                                  Undue Hardship
All employers have a duty to modify the work or the workplace to accommodate the needs of
the worker to the extent of undue hardship

Undue hardship (very difficult to prove for a large company). Must prove through 1 of the
following 3 factors:
Cost
           Must be quantifiable;
           Shown to be related to the accommodation; and
           So substantial that they would alter the essentials nature of the enterprise, or
           so significant that they would substantially affect its viability
Outside sources of funding
           The availability of outside sources of funding may alleviate accommodation costs.
Organizations can (must) make use of outside resources ( Government funding programs) to
meet their duty to accommodate, before claiming undue hardship

Health & Safety
           Where a health and safety requirement creates a barrier for a person with a disability.
Employer must show an objective assessment of the risk as well as a demonstrate all
alternatives were exhausted



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                 Undue Hardship
• Excluded factors when assessing undue
  hardship
      – Business Inconvenience
      – Employee Morale
      – Collective Agreements




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             Employee Drug Screening




                  To Test or Not to Test?
                   That is the Question

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   Canadian Human Rights Commission
• The Canadian Human Rights Act prohibits
  discrimination on the basis of disability and
  perceived disability.
• Disability includes workers with a previous or
  existing dependence on alcohol or a drug.
• Perceived disability may include an employer’s
  perception that a person’s use of alcohol or drugs
  makes him / her unfit for work



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               Right to Test
• The following types of testing may be included
  in a workplace drug – and – alcohol testing
  program, but only if an employer can
  demonstrate that they are bona fide
  occupational requirements




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                 Safety Sensitive??
• Random alcohol testing (not drug testing) for safety
  sensitive jobs, as alcohol testing can indicate actual
  impairment of ability to perform essential duties of the job.
  Drug testing will only show the presence of drugs, not
  impairment
• A safety-sensitive job is one in which incapacity due to drug
  or alcohol impairment could result in direct significant risk of
  injury to the employee, others or the environment
• Any definition of safety sensitive job must take into account
  the role of properly trained supervisors and the checks and
  balances present in the workplace

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             Drug and Alcohol Testing
• Reasonable Cause or Post Accident
• Where there is reasonable grounds to believe there
  is an underlying problem of substance abuse or
  where an accident has occurred due to impairment
• Provided that testing is a part of a broader program
  of medical assessment , monitoring and support




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             Monitoring Program
• Following disclosure of a current drug or
  alcohol dependency or abuse problem may be
  accepted if part of a monitoring, support
  program




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             Mandatory Disclosure
• Mandatory disclosure of present or past drug
  or alcohol dependency or abuse may be
  permissible for employees holding safety
  sensitive positions within certain limits, and in
  concert with ACCOMMODATION measures
• Employee not in safety –sensitive positions
  should not be required to disclose past
  alcohol or drug problems

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             Accommodation
• What does drug and alcohol testing have to
  do with accommodation?
• In the limited circumstances where it is
  justified, employees who test positive must be
  accommodated to the point of
                UNDUE HARDSHIP



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                Test Types
              -Pre-employment/Pre-Access
              -Accident
              -Reasonable Cause
              -Random
              -Return to duty
              -Follow-up testing

       How - Urine testing and breath alcohol testing


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                     Drugs of Abuse
             •   Alcohol
             •   Marijuana
             •   Cocaine
             •   Amphetamine/Methamphetamine
             •   Opiates/Heroin
             •   PCP



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                   MRO DUTIES
             1. Certification
               2. Verification
                  3. Legal Backup
                    4. Education
                       5. Problem Solving

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                Substance Abuse
             Professional Evaluation
      • Required for each employee who violates rule
             purpose to determine whether employee needs
             assistance resolving an alcohol or drug problem

      • Evaluation intended to be face-to-face
      • SAP evaluation prevails
      • Refer for any necessary treatment




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             TECHNICAL ASPECTS

Collection – Custody and Control – Not Clinical
Laboratory – DHHS Certified – Not CSA
Confidentiality – Maintained At All Times
Medical Review Officer – Protection of the Donor
Arms Length Management – Union Preferred




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  Fitness for Duty Programs
Q: Is a drug testing program legal?
A: No, those companies who simply drug test and discipline based
on the result will not likely survive the scrutiny of the Canadian
Human Rights Board. Drug testing is one tool in a fitness for duty
program.
Q: I currently drug test my employees who are in Safety
Sensitive positions. To be fair, should I just test everyone in
the company so as not to discriminate?
A: No, A relationship or rational connection between the drug or
alcohol testing and job performance is an important component of
any lawful drug or alcohol testing policy. In this regard, the policy
must not be arbitrary in terms of which groups of employees are
subject to testing. In other words you must justify why you are
testing certain groups of employees. It seems that Human Rights
puts more emphases on those groups in safety sensitive positions.
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                      Q & A
Q: Are the Human Rights issues my only concern?
A: No, The Commission issues a policy which is a
guideline based on past case law. The Commissions
recommendations change as each new case is tested
in the courts. Other areas in which you need to look at
are Federal/Provincial/State laws. For example the, Bill
C-45, Occupational Health & Safety Act, the
requirement for due diligence etc. which we will go
over in more detail.




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              Tanchak v. Locke Property Management Ltd.

Tanchak filed a complaint that her employer, Locke Property Management
Ltd., discriminated against her by terminating her position as manager of
the company because of a mental/or physical disability. She felt she was
terminated because of the employers mistaken belief that she was an alcoholic.
Locke denied that Tanchak was perceived as an alcoholic, he claimed that as
a result of smelling alcohol on Tanchak’s breath soon after she was
employed and of complaints from other employees that they had smelled
alcohol on her breath on several occasions she needed to be spoken to. Locke
told Tanchak that he wanted her to abstain from drinking or smelling of
alcohol during working hours.

The complaint was dismissed. The Human Rights Code protects those who
are mistakenly perceived to belong to a protected group. In this case, the
Court did not find that Locke viewed Tanchak as an alcoholic.



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 Imperial Oil Decision - Entrop v. Imperial Oil Ltd

In this case the complainant, Martin Entrop, disclosed that some years
prior he had had an alcohol problem. Shortly after making such
declaration, he was removed from his job and placed in a less desirable
position. As a result, he complained to the Ontario Human Rights
commission, which established a Board of Inquiry.

Also Imperial Oil was running discriminatory practices such as, the
workers had to report the use of prescription drugs and management
didn’t, workers had to abstain from alcohol before duty and management
didn’t, etc. although the managers worked in the same safety
environment as the hourly workers.

For employees working in safety sensitive positions, a single positive
test would result in dismissal. PERCEIVED DRUG DEPENDENCE
The board determined that a positive drug test was not correlated with
impairment therefore dismissal as a result was unlawful. Imperial Oil didn’t
have Medical Review Officers, Substance Abuse Professionals etc.

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              Nike Canada Inc.
A British Columbia court has ordered Nike Canada Inc. to pay more
than two million dollars in damages to a former employee who
received a severe spinal cord injury driving home from work after
consuming excessive amounts of alcohol provided at least in part by
Nike. The employee’s supervisor provided dinner and several cases
of beer to a crew working late to set up a trade show. The employee–
in the presence of supervision– consumed alcohol to the point of
impairment at the job site, and after work went to a bar and
continued to drink for several hours before attempting to drive home.
The court found that Nike was seventy five per cent responsible for
the injuries to the employee by reason of providing alcohol during
working hours and taking no steps to prevent the employee from
driving home (apparently the individual had brought his car to work
at the request of the employer). In its ruling, the court determined
that an employer has a higher duty of care to an employee than a
hotel owner or other “commercial host” with respect to the supply of
intoxicants as an employer has an obligation to provide employees
with a safe workplace.
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                            Bill C-45
                                  SUMMARY

The purpose of this enactment is to establish, in certain circumstances,
criminal liability of corporations for criminal acts or omissions carried out
by their officers or staff. This arises if the corporation management knew
or should have known of the act or omission or condoned or was willfully
blind to it. It is not necessary for the act or omission to be committed by
the same person who authorized it or tolerated it.
Where it is shown that the corporation's staff committed the act or
omission, the burden is on the corporation to show it was unauthorized
and not tolerated by the corporation.
It also establishes the criminal liability of directors and officers of a
corporation that commits such acts or omissions if they knew or should
have known of the act or omission.
A further offence is created for a corporation that fails to provide safe
working conditions for its employees, again including criminal liability for
directors and officers who knew or should have known of the unsafe
conditions and did not report them to the appropriate authorities.


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                DUE DILIGENCE
      DUE DILIGENCE

      IS THE LEVEL OF JUDGEMENT, CARE, PRUDENCE,
      DETERMINATION, AND ACTIVITY THAT A PERSON WOULD
      REASONABLY BE EXPECTED TO DO UNDER PARTICULAR
      CIRCUMSTANCES.

      IN THE WORKPLACE IT MEANS

      “TAKING ALL REASONABLE CARE TO PROTECT THE WELL BEING
      OF ALL EMPLOYEES.”


   DUE DILIGENCE IS DEMONSTRATED BY YOUR
  ACTIONS BEFORE AN INCIDENT OCCURS, NOT
              AFTER THE FACT.

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                   Drug Testing In The Workplace
                             Overview

      • What’s the big deal?
             – The complexities and controversy around drug testing
      • Requirements for implementing a valid drug
        testing policy
             –   Formal versus informal policy
             –   Justifying the need for a policy
             –   Appropriate circumstances to test
             –   Other requirements for a valid policy


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                                   Safety
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                 Drug Testing In The Workplace
                     What’s The Big Deal?


      • Employee
        interests
             – Privacy
               rights/Integrity
               of the person
             – Human rights
      • Employer
        interests
             – Safety/eliminatio
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                                  Safety
              Drug Testing In The Workplace
                  What’s The Big Deal?
• Human Rights Code
      – Drug dependence or addiction is a disability
      – Distinguish from drug use or abuse
      – Employers cannot discriminate in employment on the
        basis of disability
      – Drug testing policies cannot discriminate against drug
        dependent/addicted employees




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                             Safety
             Drug Testing In The Workplace
                 What’s The Big Deal?
• Bottom line…drug testing is a complex issue with
  many factors and competing interests to be
  considered
• Many decisions of arbitrators, human rights
  adjudicators, and courts provide guidance on
  required standards
• Emphasizes importance of seeking advice



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                       Safety
 Requirements For Implementing A Drug Testing
                    Policy
• Formal written drug testing policy not necessarily required
  but recommended
• Benefits of formal drug testing policy
      – Provides notice to employees
      – Provides guidance to supervisors
      – Documents evidence to reduce risk of human rights complaints
             • How testing fits in with overall health and safety objectives
             • How duty to accommodate is addressed




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                                       Safety
 Requirements For Implementing A Drug Testing
                    Policy

      • Basic “KVP” requirements for enforceable
        policy:
             – Policy must not be inconsistent with collective
               agreement or laws of general application
             – Policy must not be unreasonable
             – Policy must be clear and unequivocal
             – Policy must be brought to the attention of affected
               employees before employer can act on it
             – Affected employees must know that breach of policy
               could result in discharge if that is the case
             – Policy must be consistently enforced by the employer


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                                   Safety
 Requirements For Implementing A Drug Testing
                    Policy


      • Policy must not conflict with
        collective agreement
             – Consider express or implied
               prohibitions
      • Policy must not conflict with laws of
        general application
             – human rights legislation and duty to
               accommodate (the Meiorin test)
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                             Safety
 Requirements For Implementing A Drug Testing
                    Policy
• Policy must not be “unreasonable”
      – Must be a legitimate need or justification for
        testing in the particular workplace
      – Assuming justification for testing is established,
        testing is only allowed in appropriate
        circumstances




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                          Safety
      Justifying The Need For Drug Testing In The
                      Workplace


      •      Justifying need for drug testing
             generally requires proof of either:
             –   Two step test:
                 •    Evidence of drug or alcohol problem in the
                      workplace; and
                 •    Alternatives to testing have been considered
                      and problem could not be combated in a less
                      invasive way;
                 OR
             –   Safety sensitive workplace and jobs
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                                    Safety
      Justifying The Need For Drug Testing In The
                      Workplace


      • Implications of two step test and safety
        sensitive requirements
             – Drug testing in non-safety sensitive
               workplaces or of employees not in safety
               sensitive positions is significantly more
               difficult to justify
             – Employers in non-safety sensitive
               environment left to deal with drug issues via
               “traditional means of detection”, treatment
               and, where appropriate, discipline
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                                Safety
Appropriate Circumstances For Conducting Drug
                    Tests

      •      Assuming drug testing is justified in the workplace,
             consider six possible circumstances for drug testing:
              –   Pre-employment testing
              –   Testing on transfer or promotion to safety sensitive position
              –   Random testing
              –   Reasonable cause testing
              –   Post-incident testing
              –   Rehabilitation/follow-up testing
      •      Assess appropriateness of testing on basis of Meiorin test
             and requirement of reasonableness




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                                         Safety
Appropriate Circumstances For Conducting Drug
                    Tests
• Pre-Employment Drug Testing
      – Still somewhat of an open question whether such testing is allowed
      – Ontario CA: pre-employment testing is not justified even for safety
        sensitive positions, especially if positive test means non-hire
      – But…Alberta CA : upholds employer’s decision not to hire job applicant
        who failed pre-employment drug test
      – Be careful not to read too much into the Alberta decision




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                                 Safety
Appropriate Circumstances For Conducting Drug
                    Tests
• Testing On Transfer Or Promotion To Safety Sensitive Position
      – Again, somewhat of an open question whether such testing is allowed
      – Has been found to be justified where employee is moving into a safety
        sensitive position for the first time
      – Has been found not to be justified in case of a small stable workforce
        where less intrusive methods of detecting drug use were available
      – Consider facts and circumstances of employer/industry in deciding
        whether such testing is allowed




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                                 Safety
Appropriate Circumstances For Conducting Drug
                    Tests


      • Random Testing
             – Random drug testing of employees, even in
               safety sensitive positions, is generally not
               upheld on the basis that such testing:
                • does not detect impairment, and,
                • is seen as an unreasonable interference with
                  employee privacy rights




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                                  Safety
Appropriate Circumstances For Conducting Drug
                    Tests


      • Random Testing
             – Random drug testing has been allowed in
               certain narrow cases:
                • Where proven pervasive problem with drugs in
                  the workplace and the employer could show that
                  less intrusive measures could not or would not
                  work
                • Cross border bus service where there was
                  evidence of serious drug problems in transport
                  industry, limited supervision of employees, and a
                  transient seasonal workforce
                • Consideration of accommodation of drug
                  dependant employees still required
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                                  Safety
Appropriate Circumstances For Conducting Drug
                    Tests
• Random Testing
      – A greater willingness to allow random alcohol testing has been shown
        as such testing can show present impairment
      – Random alcohol testing of employee may be allowed if:
             • The employee to be tested is in a safety sensitive job; and
             • Sanctions for positive test are individually tailored and do not just include
               automatic termination (duty to accommodate substance dependent
               employees to the point of undue hardship is required)




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                                        Safety
Appropriate Circumstances For Conducting Drug
                    Tests


      • Reasonable Cause Testing
             – Drug testing is allowed where
               “reasonable cause” exists to believe
               that the employee’s work
               performance in a safety sensitive
               position may be affected by drugs or
               alcohol

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                             Safety
Appropriate Circumstances For Conducting Drug
                    Tests
• Reasonable Cause Testing
      – Examples of “reasonable cause”
             • Possession of drugs in workplace
             • Complaint or report of work related drug use or suspect employee
               behaviour
             • Physical signs: slurred speech, smell of alcohol or marijuana,
               presence of drug paraphernalia, and so on
             • Performance indicators: difficulty with ordinary tasks, unusually
               slow pace, higher than ordinary incidence of errors



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                                    Safety
Appropriate Circumstances For Conducting Drug
                    Tests


      • Reasonable Cause Testing
             – Conduct investigation/interview of employee
               to verify whether reasonable cause exists
               before testing. Consider:
                • Strength of the initial evidence
                • Safety sensitivity of the employee’s position
                • Admissions or denials of the employee
                • Credibility of alternate explanations given by
                  employee
                • Reasonableness of requiring a test in the
                  circumstances
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                                   Safety
Appropriate Circumstances For Conducting Drug
                    Tests
• Post-Incident Testing
      – Post (significant) incident drug and alcohol testing of
        employees in safety sensitive employment is generally
        allowed
             • As part of the employer’s investigation to rule out impairment as a
               potential cause of the incident
             • Where the condition of the employee is seen as a reasonable line
               of inquiry
             • A less stringent standard than the “reasonable cause” standard




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                                    Safety
Appropriate Circumstances For Conducting Drug
                    Tests


      • Rehabilitation/Follow-Up Testing
             – Random “unannounced” testing is generally
               allowed in cases of safety sensitive
               employees identified as being at greater risk
               of attending work while impaired
             – Applies in cases of employees
                • with prior violation of drug/alcohol policy
                • with prior discipline for drug/alcohol related
                  offences, or
                • returning to work after drug or alcohol
                  rehabilitation

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                                   Safety
Appropriate Circumstances For Conducting Drug
                    Tests
• Rehabilitation/Follow-Up Testing
      – In union setting, requires consultation and/or agreement with union
      – Typically involves return to work agreement between employer, union
        and employee
      – If Union and employee unreasonably withhold agreement testing can
        be unilaterally imposed
      – Testing must be limited to a reasonable time (typically 2 years)
      – Employer must satisfy duty to accommodate in case of drug/alcohol
        dependant employee




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                                Safety
    Other Requirements For A Valid Drug Testing
                     Policy


      • No “zero tolerance” approach
      • Testing is part of a comprehensive
        approach to workplace health and safety
             – Include employee counseling, assistance
               programs, short and long term disability
               benefits for employees receiving treatment,
               leaves of absences for treatment, return to
               work agreements

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                               Safety
    Other Requirements For A Valid Drug Testing
                     Policy


      • Reasonable testing procedures
      • Proper application of otherwise valid
        policy
             – Safety sensitive position?
             – Reasonable cause exists?
             – Circumstances of incident justified post-
               incident test?
             – Test procedures followed?


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• Besides drawing a clear distinction between effects of casual use
  and use by addicts to determine discrimination, another interesting
  aspect of Kellogg is the court’s endorsement of expert evidence
  that alternative methods of detecting impairment would be “more
  reliable and individual” than traditional testing.
    These alternative methods, called fitness for duty or impairment
    testing, have existed for a number of decades. There are many
    technologies to measure impairment. But regardless of the
    technology used, the purpose of impairment testing is to determine
    impaired functioning, not the presence or past use of drugs and
    alcohol. It also provides instantaneous feedback to employers
    regarding an employee’s ability to work safely.




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• While not yet judicially considered in Canada, impairment testing
  could be challenged on the basis that a failed test arises from
  grounds protected under human rights legislation, for example,
  family status, such as when a new parent repeatedly fails the test
  due to fatigue caused by sleep deprivation. Other concerns include
  a lack of correlation between test content and actual job tasks, and
  the failure of pre-shift testing to catch job-induced fatigue later in a
  shift.
    Nevertheless, impairment testing is a viable alternative or adjunct
    to drug and alcohol testing, particularly with regard to employees
    in safety-sensitive positions.




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                CONFIDENTIALITY
• Keep medical information separate from the personnel file
• Provide written guidelines with respect to collection, retention,
  storage, security, access, disclosure, and destruction of health
  records to all personnel having access to health records
• Transfer of medical records requires consent
• Generally, handling medical information is extremely
  sensitive and must be kept in a secure environment




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                    ADDICTIONS
• To address the peculiarity of addictions as a disability, some
  adjudicators have adopted a “hybrid” approach when dealing
  with misconduct that arises from or is associated with an
  addiction
• This means applying discipline to correct the behaviour
  (symptom) while attempting to accommodate the individual
  and facilitate his/her rehabilitation (underlying cause)
• In some cases, this may mean imposing dismissal, where
  lesser forms of corrective action have not brought home to
  the addicted individual the importance of obtaining and
  following through with treatment for the addiction




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             DRUG & ALCOHOL TESTING
• Courts and Tribunals have recognized that drug &
  alcohol policies may have a differential and adverse
  effect on addicted individuals
• In some instances, the application of such policies
  may run contrary to human rights protections and
  the employer’s obligation to accommodate a
  disabled employee




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             DRUG & ALCOHOL TESTING
• In safety-sensitive workplaces, a higher degree of
  scrutiny of an employee’s fitness for duty is required
  in order to protect health & safety
• For this reason, alcohol and drug testing may be
  permitted for employees who hold safety-sensitive
  positions
• The employer’s right to require employees in safety-
  sensitive positions to submit to drug or alcohol
  testing must be exercised judiciously



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             DRUG & ALCOHOL POLICIES

• Must clearly specify the categories of employees who are subject to company
  drug and alcohol testing policies
• In designating positions as safety-sensitive, the key consideration is the kind
  of consequences that are risked if the employee performs work while
  impaired by drugs or alcohol
• If impairment on the job poses a risk to the safety of that individual or other
  employees and persons, or the safety of property and equipment, the work
  must be recognized as safety-sensitive
• Relevant considerations include the duties and responsibilities of the
  employee’s work, and the tools, equipment and material being used by the
  employee, as well as the proximity to other workers and/or the public and
  the potential consequences of impairment



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                       ADDICTIONS

•   We know about drugs and alcohol
•   We understand accommodation (sort of)
•   Do you have to give second chances to addicts and alcoholics?
•   What about the other employees?




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       ATTENDANCE MANAGEMENT




       Employers must be knowledgeable about absences, how
    much they have to tolerate and how they can respond effectively.



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                          RELEASE:
                      THE LAST RESORT

       • Employer has to demonstrate:
             – Record of excessive absenteeism
             – Incapable of regular attendance in the future
             – Accommodation to the point of undue hardship
       • Follow program of progressive discipline
       • Terminate with caution = there is always a risk
         of a grievance or a human rights complaint



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             DOCTRINE OF FRUSTRATION

• Absenteeism resulting from illness or disability is not cause to
  terminate
• Test for frustration of contract:
      – Is it temporary or permanent
      – Does it prevents performance of essential duties of position, even
        after accommodation




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                    BOTTOM LINE
                 The longer the relationship
                                     +
  The greater the indicators of commitment and loyalty
                                     =
     The more difficult it will be to establish frustration




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             THE LAST CHANCE AWARD

  •   Also referred to as a “conditional reinstatement”
  •   Where absences are culpable in whole or in part, an arbitrator may issue
      a last chance award;
        – However, the award is based on the premise that the employee is
          capable of improvement;
                     improvement
  •   Last chance awards minimize further recourse to arbitration — it’s the
      employee’s last chance;
  •   Clearly establishes attendance and conduct standards;
        – Discharge will be appropriate if standard not met!



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              LAST CHANCE AGREEMENT

    •    Similar to a last chance award, but avoids the time, expense of
         arbitration – negotiated by the parties;
    •    Usually establish a very high attendance standard;
    •    Additional conditions, as applicable;
             – Complete abstinence from the substance at issue;
             – Completion of recovery program;
             – Random drug testing;
    •    Each condition must be lawful.



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                   LAST CHANCE
                   AGREEMENTS
• Purpose:
      – Keeps employee in the workplace, but imposes
        stringent conditions
      – Ensures employee knows job is in jeopardy if
        performance does not improve
      – May promote rehabilitation




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                 When Are Last Chance
                Agreements Appropriate?
• Where an employee has been unresponsive to progressive
  discipline or efforts to address an attendance problem
  (particularly if it’s related to an addiction or other disability)
• Should not be used too early in the process of dealing with a
  problem employee and is not a substitute for other
  accommodation options
• A last chance agreement should only be part of a broader
  effort to accommodate the employee’s underlying condition




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                    Last Chance Agreements:
                    What They Should Include


Employers should ensure that last chance
agreements contain the following:
  •    An express recognition of the nature of the employee’s problem (e.g.,
       addiction or alcoholism) and the efforts the employer has made to
       accommodate the employee
  •    Recognition that the employer and, if applicable, union have taken all
       reasonable steps necessary to accommodate the employee to the point of
       undue hardship
  •    Specific details of the conditions applied to the employee’s continued
       employment, including details of any treatment, after-care, attendance
       expectations, etc., as well as the employee’s
       commitment to comply with these conditions
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                Last Chance Agreements:
             What They Should Include (cont’d)


Employers should ensure that last chance
agreements contain the following:
 •    A provision expressly stating that breach of any condition of the agreement
      will result in the employee’s discharge
 •    Agreement that reinstatement of the employee following a breach of the
      agreement would amount to undue hardship
 •    Agreement that failure to discharge for breach of the agreement does not
      constitute waiver
 •    An express prohibition on an arbitrator substituting any lesser penalty in the
      event that there is a breach
 •    A duration – generally never longer than 2 years


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             Benefits of an Enforceable
              Last Chance Agreement
• Provides an additional opportunity for an employee
  to salvage his/her employment
• Provides the employee with a ‘wake-up call’ – often
  those who suffer from addictions will not seek and
  pursue treatment until they lose their employment
• May be viewed as being one aspect of the
  employer’s duty to accommodate (provided that it is
  complements other efforts)




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             In the USA




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             We have safety-sensitive job
    A job in which impairment caused by drug or
    alcohol usage would threaten the health or
    safety of any person




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             At our Company we do!




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Alcohol Test
• Can be for Pre Employment, Post Accident,
  Reasonable Suspicion, Return to Duty or Follow Up
     – Random: A driver is tested for alcohol only while
       performing safety sensitive functions, just before or just
       after performing safety sensitive functions
     – Post Accident – within 2 hours, if not possible, not
       applicable after 8 hours




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             THIS IS NOT A WITCH HUNT




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             Consistently and Regardless




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             First Drug and Alcohol
                Awareness Class




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Alcohol
• Made from the natural reaction of fermenting
  sugar with yeast spores

• Depressant
      – Affects the body by slowing down the central
        nervous system

      – Found in many over the counter meds and
        prescriptions

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  Alcohol
• Rate of metabolism
   – 2/3 of a standard
     drink per hour


• Standard drink
   – 1 oz 80 proof liquor
   – 4 oz wine
   – 12 oz beer



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Alcohol Effects
• Initially acts as a stimulant, invigorating thought and activity
• Produces feelings of relaxation, reduced anxiety, lowered
  inhibitions and mild euphoria
• As consumption increases, it can cause aggressive tendencies,
  progressive stages of sedation and in very large quantities –
  coma
• Physical symptoms may include: shakiness, puffiness, broken
  blood vessels, large middle section (beer belly), poor skin color,
  constricted pupils
• Dulled mental processes
• Impairs the brain’s ability for self control
• Lack of coordination and reflex action
• Slurred speech

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Alcohol Typical Progression
•   Drinking to relieve tension
•   Increase in tolerance
•   Desire to continue drinking when others stop
•   Uncomfortable in situations when there is no alcohol
•   Occasional memory lapses after heavy drinking
•   Preoccupation with alcohol
•   Secret irritation when individual’s drinking is discussed
•   Lying about drinking
•   Hiding liquor/sneaking drinks
•   Feeling guilty about drinking
•   Increased memory blackouts

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Alcohol Progression cont….
•   Tremors and early morning drink
•   Promises and resolutions fail repeatedly
•   Loss of other interests
•   Unable to discuss problems
•   Family, work, money problems
•   Avoid family, friends, drink alone
•   Physical and moral deterioration
•   Urgent need for morning drinks
•   Persistent remorse

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                                      Opiates
                                  Heroin, Smack, “Pain Pills”
                                  Codeine, Demerol, Vicodin


• Depressant:
      – Opiates – derived from the resin of a poppy plant

      – Morphine, Codeine, and Vicodin are legally prescribed for pain
      – Heroin has no approved medical use in the US.

      – Methods of abuse: I
      – Heroin can be injected (mainlining), snorted or smoked
             • Chasing the Dragon – heating heroin on aluminum foil the heroin will boil
               and vaporize and the user will then inhale the fumes

             • Codeine and Morphine are usually injected or pills


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Opiates Effect - Mental
• Depend on the opiate used, the dose and the way the drug is
  taken
      – Short lived state of euphoria sometimes called “rush” described as
        similar to a sexual experience
      – After the “rush” the narcotic kicks in
             • Drowsiness, slurred speech, slowed heart rate, breathing and brain
               activity
             • “nod” a stuporous condition bordering on passing out


• Addiction:
             • Opiates have an unusually high potential for abuse and addiction



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Opiates Effects - Physical
•   Skin Infections
•   Inability to stay awake
•   Irregular heart rate/blood pressure
•   Irregular menstrual cycles in women
•   Depressed: appetite, thirst, reflexes
•   Increase tolerance for pain
•   Decreased sexual pleasure

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Opiates Signs and Symptoms
•   Lethargy
•   Lack of motivation
•   Drowsiness
•   Flushed Appearance
•   Shallow Breathing
•   Needle marks and/or open sores on body



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                         Marijuana
                        Pot, Dope, Grass, Weed


• Depressant, Stimulant, and hallucinogenic
   – No approved medical use in the US
   – FDA has approved synthetic THC capsules for treatment of
     nausea and appetite loss of chronically ill patients

• THC – delta-9-tetra-hydrocannabinal
   – Is the “drug” in marijuana

• Comes from the hemp plant, with odd # of leaves

• In “ready to smoke form”, looks like dried, chopped oregano


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Marijuana Effects - Mental
• Euphoric Feeling

• Increased sense of well being

• Lack of motivation

• Lowered inhibition

• Talkativeness

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Marijuana Effects – Physical
• Dry mouth and throat
• Increased appetite
• Dulled reflexes

• Increased heart rate
• Damage to lungs and pulmonary system
   – 1 marijuana cigarette is equal to 25 commercial cigarettes

• Impaired sexual development and fertility; including
  abnormal sperm production and menstrual irregularities


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Marijuana Signs and Symptoms
•   Chronic fatigue and lack of motivation
•   Distinctive odor
•   Impaired coordination, concentration, and memory
•   Slowed speech
•   Irritating cough, chronic sore throat
•   Lackadaisical, “I don’t care” attitude
•   Reddened eyes (often masked by eye drops and glasses)
•   Impaired tracking and visual distance
•   Delayed decision making
•   Distortions in time estimation


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                                 PCP
              Angel Dust, Acid, Krystal Joints, Peace Pills



•   Acts like a Depressant; but isn’t
•   Acts like a Stimulant; but isn’t
•   Acts like a Hallucinogen; but isn’t
•   Acts like a Narcotic; but isn’t

• All 4 classes of drugs combined



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PCP Mild Dosage Physical/Mental Effects

 •   Impaired coordination
 •   Slurred speech
 •   Relaxation
 •   Distortions of body image, time and space
 •   INTENSE EUPORIA
 •   ANXIETY – even at low doses
              • Can develop into panic, paranoia, and depression
              • Severity of is determined by users mental state prior to
                use

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PCP – Moderate Dosage Physical/Mental Effects


 • More intense physical reaction
       –      Heart rate increase
       –      Blood pressure increases
       –      Body temperature rises
       –      Nausea

       – Anesthetic effect kicks in
               • No pain
               • Drowsiness
               • Zombie walking blank stare and disjoined walk


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PCP Large Dosage Physical/Mental Effects


 • Blood pressure drops – drastically
 • Breathing becomes shallow and irregular
 • Muscles are rigid
 • Eyes vibrate
 • Great risk for erratic and violent behavior due
   to increasing panic
 • User can experience convulsions and slip into
   a coma possible end result - DEATH
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PCP Dangers
• “Bad trips”, unpleasant psychological reactions that
  may include panic, confusion suspicion, anxiety and
  loss of control

• Flashbacks, the user may experience psychedelic
  effects long after use of the drug ends

• Chronic users report problems with memory, speech
  and concentration
      – Can last for 6 months to 1 year AFTER last use



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PCP – Signs and Symptoms
•   Severe mood swings
•   Visual or aural hallucinations
•   Emotional disorders
•   Schizophrenic behavior




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                             Cocaine
                 C, Coke, Blow, Snow, Flake, Rich Man Drug



• Stimulant
      – Derived from the leaves of the coca plant
      – Prescribed by a physician as an anesthetic


• Approximately 50 billion people have tried
  cocaine



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               Stimulants
Duration of Effects

•   Cocaine – 5 –90 Minutes
•   Amphetamine 4 – 8 Hours
•   Methamphetamine 12 Hours
•   MDMA, MDA – 4 – 8 Hours



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Cocaine Methods of Use
• Inhale
      – Snorted through a thin straw like object from a smooth
        surface
      – Effects take several minutes to kick in
• Smoke
      – Freebasing: mixing and smoking powdered cocaine with
        sodium bicarbonate. The high lasts 5 – 10 minutes and is
        followed by a severe low
      – Crack: An inexpensive purified form of cocaine which is
        processed into small chunks. Crack is smoked when the
        rock is heated and the vapors are inhaled. Intense
        euphoric effect is noted within 10 seconds and last about
        10 – 15 minutes

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Cocaine Effects
• Brief intense euphoria and competence
• Stimulates central nervous system
• Elevated blood pressure, body temperature, pulse, and
  respiratory rate
• Dilates the pupils
• Causes extreme excitability and anxiety
• Feeling of well-being – followed by depression
• Produces sleeplessness and chronic fatigue
• Runny nose, horse voice
• Profuse sweating and dry mouth
• Paranoia and hallucinations

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Cocaine – Sign and Symptoms
•   Dilated pupils
•   Paranoia
•   Erratic Behavior
•   Loss of appetite
•   Restlessness
•   Irritability
•   Needle marks/open body sores

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                         Amphetamines
              Speed, Uppers, Black Beauties, Pep Pills, No Doz, Ecstasy


                Methamphetamines
                          Meth, Ice, Crank, Crystal, Chalk

• Stimulant
     – Chemically manufactured drugs which stimulate the central
       nervous system
• Caffeine, no-doz, colas & chocolates are mild
  amphetamines
• Some cold pills have amphetamines as an ingredient




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             Meth-amphetamine




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        The Results of Meth Addiction




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             Stimulants Physical
             Description/Admin.
§ Coarse Powder
§ Small White to Clear Crystals
§ Capsules Various Size & Colors
§ Tablets Various Size & Colors
§ Snorted, Injected, Smoked,
  Swallowed

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    Stimulants .. Appearance, Behavior
•   Needle marks on arms
•   Long little finger nail ( typical in South American/Mexican users)
•   Sniffing
•   Redness around nasal area
•   Irritability
•   Agitation
•   Raspy hoarse speech
•   Talkativeness
•   Twitching/jerking motions
•   Swinging of arms
•   Lack of concentration
•   Looking away from the person who is speaking to them. (hiding the pupils.)



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Amphetamines Effects
• Produces feelings of alertness and euphoria

• Increase heart rate and blood pressure

• Dilates pupils

• Enables the user to go without sleep for relatively
  long periods of time

• Causes distorted thinking

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Amphetamines Patterns of Use
• Pills

• Inhaled

• Injected




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Amphetamines Dangers
• Dizziness, headaches, blurred vision and sweating
• Loss of coordination, tremors, convulsions, physical
  collapse
• Decreased appetite can cause anorexia and
  malnutrition
• Sudden blood pressure increase from injections
  resulting in fever, stroke or heart failure
• Nervousness, irritability and drastic mood swings
• Panic/paranoid thoughts
• Hallucinations


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Ecstasy
• Similar to Methamphetamine, methylenddioxyamphetamine
  (MDA) and mescaline
• Known to cause brain damage
      – Attacks serotonin that has a direct roll if regulating mood, aggression,
        sexual activity, sleep and sensitivity to pain
•   Increasingly popular
•   Produces feelings similar to LSD without hallucinations
•   Increases visual and acoustic sensory perceptions
•   Heightens ones sense of well-being
•   Cases of over-exertion, followed by heart failure, convulsions
    and/or death have occurred


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             Supervisor’s Role
q Identify the specific observations of employee
      behavior and appearance
q Confront the employee concerning the
      requirement to undergo a test
q Fully explain the consequences of the employee’s
  refusal to comply
• Supervisor does not need to identify the specific
      drug associated with the behavior or
      appearance
• Supervisor should be alert to changes in the
      employee’s usual behavior and appearance

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     Reasonable Suspicion - Definition
• Reasonable suspicion:
      – is based on observations of an individual
             • Contemporaneous—just before, during, or after duty period
             • What the supervisor sees, hears or smells
      – is based on objective, documented criteria
             • Capable of being expressed as signs or symptoms of possible
               use of drugs/alcohol
• Reasonable suspicion testing:
      – is used to “rule out” or eliminate alcohol or drug use
        as a cause of the individual’s behavior or appearance
      – is not a diagnostic tool
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      Warning Signs of Substance Abuse
                  (cont’d)
      • Declining Quality of Work:- Increased errors, work
        frequently needs to be redone, inability to understand,
        follow through on complex assignments, inability to
        carry out instructions, low productivity.
      • Declining Attitude - Uncooperative; increased
        conflicts with co-workers, customers, appears nervous,
        distracted, quick to anger. Exhibits signs of paranoia
        such as blaming others.
      • Judgment - Illogical reasons for decisions, violates
        policies and procedures; takes inappropriate risk;
        inattentive to safety procedures.



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                Signs of Substance Abuse
  Warningsigns of substance abuse at work are listed
Typical warning
  below. No one sign should be taken as an indication of
  substance abuse. Some or all signs could be indicative of
  a problem and could constitute grounds for testing
  based upon reasonable suspicion. A supervisor needs to
  discuss his/her observations with HR before approaching
  or confronting an employee.
    • Personal Appearance – disheveled appearance, unsteady gait,
      slurred speech, bloodshot or glazed eyes, odor of alcohol on
      breath.
    • Dependability - Monday/Friday absence pattern; increased
      tardiness or failure to call in, frequent absences from work
      area; missed deadlines.




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                  The Problem Employee
• Workplace signs of alcoholism or alcohol abuse include:
      –      chronic lateness
      –      excessive absences
      –      decreased productivity
      –      poor performance
      –      problem interactions with others
• Time and attendance problems and changes in performance
  and productivity levels cannot trigger a reasonable suspicion
  test



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   Appearance Signs and Symptoms
  • Appearance changes due to drug use range from subtle to
    extreme
  • Personal grooming often deteriorates or dramatic changes in
    hairstyle, clothing may occur
  • Eyes are very susceptible to the effects of drugs:
        – eye movements such as tracking ability are affected
        – pupil size is altered
        – bloodshot, watery or unfocused eyes
  • Profuse sweating, the chills, flushed or pallid complexion may
    be dues to the effects of the drugs
  • Marijuana has a distinct odor when smoked that clings to the
    user’s breath and clothing




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             Personality Changes
• Personality changes are the most difficult to specify

• Supervisor needs to be alert to changes in the
  employee’s usual personality traits or expression

• Personality changes due to drug use often are
  sudden and dramatic




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             Speech Patterns
• Stimulants create rapid, pressured speech
  patterns

• Narcotics produce slow, thick, slurred speech

• Hallucinogens may produce nonsense, fantasy
  speech


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             Social Interaction Changes
• Changes in social interaction are not specific to the
  drug

• Changes in social interaction vary from individual

• Supervisors should be alert to changes in the
  employee’s usual patterns of interacting with others




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             Psychomotor Changes
• Stimulants speed up the body’s motor activity
• Sedatives or narcotics slow down motor
  functions
• Hallucinogens may produce bizarre motor
  movements
• Marijuana delays reaction times, impairs eye-
  hand coordination and creates unsteadiness



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             Important Components of our Substance Abuse Policy



    (Provide copies of your policy to all attendees
    and review all or most important components.




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Reasonable Suspicion Testing
Reasonable Cause

    Definition: facts, physical and mental signs,
    symptoms and behaviors, or patterns of
    behavior leading a trained supervisor to
    reasonably conclude the observed condition
    and/or behavior is caused by a prohibited
    substance

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Reasonable Suspicion Testing Cont.
• Establishing reasonable cause
      –      Signs & symptoms of substance abuse
      –      Basic steps towards establishing reasonable cause
      –      Documentation
      –      Conclusion
• NOTE: each sign & symptom, by itself, may point to
  other problems besides drug and alcohol abuse
• When a pattern begins to develop, you need to be
  alert and act quickly


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Reasonable Suspicion Testing Cont.
• It is NOT your responsibility as
  managers/supervisors to diagnose
• Your responsibility is to

      – Provide a safe environment for all employees

      – Take action, which may include
             • Referral for help
             • Drug/alcohol testing


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Why Would a Supervisor Not Implement the Policy?
 • Does not believe in it
 • Does not feel supported
   or empowered
 • Does not know it               Failure to Act
 • Scared to lose or spoil
   relationship
                                      Means
   w/employee
 • Takes too much time
                                     You Not
 • Doesn’t want to give           Company are
   the employee a bad
   reputation                    Criminally Liable
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Things to Remember and Questions to Ask
     in Reasonable Cause Situations
 • Was the employee treated with dignity?
 • Did the interview take place in a setting that
   respected the employee’s privacy?
 • Did the employee understand the facts pertaining to
   the issue?
 • Were the facts presented in an objective manner?
 • Was the drug test conducted with integrity and
   quality?



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• How was the employee treated in the
  collection process?
• Were quality procedures used to assure chain
  of custody and analytical reliability?
• Was the information handled with
  confidentiality?
• Was information communicated on a strict
  “need to know” basis?
• Was the incident properly documented,
  detailing the objective evidence leading to a
  reasonable cause decision?
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        Reasonable Suspicion Testing Procedures

• Observe employee; isolate him/her away from work area and
  coworkers
• Request another supervisor/manager to observe/interact
  with employee
• Complete supervisory checklist/reasonable suspicion
  documentation
• Escort employee to testing site
• Retain copies of testing forms
• Arrange to have employee transported home
• Employee cannot return to work until negative test results
  are received.



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             Recognizing Symptoms
The following are a list of performance and
  behavior problems that are common to
  substance abuse. However, it is important to
  remember that these symptoms do not
  necessarily indicate as substance abuse
  problem.




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             Recognizing Symptoms
                PERFORMANCE
•   inconsistent work quality
•   poor concentration
•   lowered productivity
•   increased absenteeism
•   unexplained disappearances from jobsite
•   errors in judgment
•   careless mistakes
•   needless risk taking

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             Recognizing Symptoms
                BEHAVIOR
•   frequent financial problems
•   avoidance of friends
•   blaming others
•   not looking others in eyes ( looking away to avoid
    pupil detection)
•   Complaints and ill temper
•   excuses and vaguely defining illnesses
•   deterioration in personal appearances

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   Observing and Documenting Current
               Indicators
• Patterns of Performance and Behavior should
  be documented by a Supervisor and
  accompanied by indicators of impairment to
  establish “Reasonable Cause”. This should be
  brought to the attention of a Human Resource
  Medical Nurse or Administrator.




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     Documenting Current Indicators
•   __Constricted Pupils       __Drowsiness
•   __Dilated Pupils          __Order of Alcohol
•   __Scratching              __Nasal Secretion
•   __Red or Watery Eyes       __Dizziness
•   __Involuntary Eye Movements __in-coordination
•   __Sniffles               __Unconsciousness
•   __Excessive Activity      __Inability to Verbalize
•   __Nausea or Vomiting        __Irritable
•   __Flushed Skin            __Argumentative
•   __Sweating                __Slurred Speech
•   __Yawning                 __Bizarre Behavior
•   __Twitching               __Violent Behavior



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        Determining Reasonable Cause
             If you are able to document one or more of the previous indicators,
                  Ask yourself these Questions to establish reasonable cause.
             §Has some form of impairment been shown in the employees
             appearance, actions or work performance ?
                 §Does the impairment result from possible drugs or alcohol ?
             §Are the facts reliable ? Did you witness them personally ?
             §Are the facts capable of explanation ?
             §Are the facts capable of documentation ?
             §Is the impairment current, today, now ?
                     If you can Answer ‘YES’ to all of these questions, then
                                          Reasonable Cause is established.
                                  Proceed to the Collection Site for testing.
             •Employee Refusal to test is a DOT Violation. Contact your
                           Medical Review Officer.




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                        How to Intervene
   •   When an employee’s performance begins to deteriorate for whatever reason, the
       supervisor has a right and responsibility to intervene. IMPORTANT > If substance abuse
       is suspected, the intervention should only focus on work performance issues.
   •   Maintain Control of the conversation.
   •   Stick to the facts as they affect work performance.
   •   Don’t rely on memory; have all supporting documents and records available.
   •   Do not discuss your suspicion of alcohol or drug use with employee.
   •   Explain company policy regarding work performance.
   •   Offer help in resolving work performance issues.

   Exception; If you smell alcohol or marijuana, Test employee immediately based on this
            Body Odor evidence.
   Always perform DOT Urine testing with a DOT Breath Alcohol Test combined for all
          Reasonable Cause Testing.




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             The List ( notwithstanding)




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             Always Page 2




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             If the worker responds with:
             DENIAL                   Stay calm
                                      Use documentation
             THREATS                  Uphold the policy
                                      Maintain productivity
             ANGER                    Don’t react
                                      Focus on the issues
                                      Take a break
             EXCUSES                  Focus on performance




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              Reasonable Suspicion
• Decision to test must be based on supervisor’s
  observations (whenever possible 2 supervisors/managers should
    observe employee)
• Supervisor making observations must have
  completed training in RS testing
• Observations must be specific, contemporaneous
  and articulable, and must be documented on the
  Supervisor’s Checklist
• Should test within 2 hours, discontinue after 8 hours

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      At Company you will be tested
                  for:
• Alcohol                              •     Barbiturates
• Marijuana                            •     Methaqualone
• Cocaine                              •     Benzodiazepines
• Amphetamine (and                     •     Methadone
  methamphetamines)                    •     Propoxyphene
• Opiates
• Phencyclidine (PCP, angel                 PLUS MORE
  dust)
                                           WE ARE DRUG
                                               Free
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        A supervisor’s role (the 4 R’s)
             • RECOGNIZE . . .                the worker who used

             • RECORD . . .                   by documenting facts

             • RESPOND . . .                  because it’s your job !

             • REFER . . .                    for required testing




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             A checklist for supervisors
•   When possible, involve a second supervisor
•   Document the incident (behaviors/performance)
•   Explain your concern to the member
•   Ask: is there a need for medical attention?
•   Call the collection site: location, name
•   Stay until the collection is done; be available
•   Arrange for the member to get home
•   Return to the workplace and finish the documentation




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      Workers rights and protections
• A worker who does not consent will not be
  tested. No one will be forced to test
• A worker can get a copy of the results
• A worker can speak to a Medical Review
  Office about medications
• A worker can request that the sample be
  retested (at the member’s expense)


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             Refusal to submit to testing
• A refusal to be tested has consequences
• A refusal is considered insubordination
• Grounds for disciplinary action, up to and
  including termination of employment
• Not cooperating with the process could be
  considered refusal to be tested



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Reasonable Suspicion Testing Cont.
• It is NOT your responsibility as
  managers/supervisors to diagnose
• Your responsibility is to

      – Provide a safe environment for all employees

      – Take action, which may include
             • Referral for help
             • Drug/alcohol testing


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 Things to Remember and Questions to Ask
      in Reasonable Cause Situations

• Was the employee treated with dignity?
• Did the interview take place in a setting that
  respected the employee’s privacy?
• Did the employee understand the facts pertaining to
  the issue?
• Were the facts presented in an objective manner?
• Was the drug test conducted with integrity and
  quality?


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• How was the employee treated in the
  collection process?
• Were quality procedures used to assure chain
  of custody and analytical reliability?
• Was the information handled with
  confidentiality?
• Was information communicated on a strict
  “need to know” basis?
• Was the incident properly documented,
  detailing the objective evidence leading to a
  reasonable cause decision?
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             www.streetdrugs.org




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      CALL FOR HELP if you need it!!!

         Human Resources
           1 --- --- ----




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DOCUMENT INFO
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Description: Canada and USA supervisor training
Terry Penney Terry Penney Manager Company Owner
About Safety has become one of the main vehicles by which industry measures your performance in all departments. Preventing incidents with the potential of causing injuries and ill health •Acting in a safe and responsible manner •Leading by example and promoting trust Having taught and lectured worldwide, I have promoted and welcomed intervention from others. Encouraging and stopping any unsafe activity or where control is being lost. Always getting managers and supervisors to accept responsibility for our actions and achieving continual improvement. And always at all costs complying with all applicable legal and other requirement