1. DEALING WITH ALCOHOL & DRUGS IN THE WORKPLACE
Bob Paul
Director Employee Relations
BAE Systems

2. WHAT DO YOU DO?
Two employees report to you that Dan smells like alcohol. They tell you it is well known in the group that Dan has a drinking problem. You call Dan to your office, but can’t smell anything, and he seems fine to you.

3. Overview of Drug-Free Workplace Act (USC Title 41, Chapter 10)
Applies to individuals or organizations with contracts or with grants from the Federal Government greater than 100K
Must establish and communicate policies on drug awareness
Certify that company will provide a drug free workplace
Issue a policy
Sponsor an awareness program
Employees must notify employer of any drug conviction involving conduct in the workplace
Impose remedial programs or sanctions

4. BAE Systems’ Drug-Free Workplace Policy
Prohibits the use, possession, distribution, dispensation, manufacture of controlled substance or alcohol at company work sites
Establishes drug/alcohol testing protocols
Provides for sanctions and/or rehabilitation
Adopts DOT requirements
Describes availability of EAP services

5. EMPLOYEE ASSISTANCE PROGRAM
EAP records are separate from personnel records and can be accessed only with a signed release from the employee
EAP professionals are bound by a code of ethics to protect the confidentiality of the employees and family members that they serve
There are clear limits on when and what information an EAP professional can share and with whom

6. EAP LIMITS ON CONFIDENTIALITY
Disclosure of child abuse, elder abuse and serious threats of homicide or suicide as dictated by state law
Reporting participation in an EAP to the referring supervisor
Reporting the results of assessment and evaluation following a positive drug test or last chance agreement
Verifying medical information to authorize release time or satisfy fitness-for-duty concerns as specified in company policy
Revealing medical information to the insurance company in order to qualify for coverage under a benefits plan
Revealing behavior that threaten National Security

7. WHAT DO YOU DO?
Two weeks later, you ride up the elevator with Dan and notice a strong smell of alcohol. You invite Dan to your office and notice he is unsteady and slightly slurring his words. When you confront him regarding your observations, he tells you he just got new dentures, which he is adjusting his speech to. He also says he is on blood pressure medication that has a side effect that makes his breath smell like alcohol.

8. BAE SYSTEMS’ PROBABLE CAUSE PROCESS
Reasonable suspicion that a person may be under the influence of drugs or alcohol
Two members of management or their designee concur through articulable observation of behavior, that the person may be under the influence of drugs or alcohol
Observations must be documented and signed by the observers
Employee must submit to immediate testing as a condition for continued employment
Positives result in rehabilitation or termination

9. PROBABLE CAUSE OBSERVABLES
BEHAVIOR
Angry Outbursts Inappropriate, uninhibited behavior
Clumsy, decreased motor coordination Irritable, moody
Drowsy, sleepy Lethargic
Erratic Mood Swings
Exhibits signs of Paranoia Restlessness, hyperactive, fidgety
Falling Down Staggering
Hallucinations Stumbling
Hostile, belligerent Threatening
Inappropriate gaiety Unusual confusion
SPEECH
Broken Thoughts/Sentences Loud, boisterous
Cursing, inappropriate speech Nonsensical, silly
Exaggerated enunciation Rapid, pressured
Excessive talkative Repetitive/Rambling
Incoherent Slurred, thick
Irrational Threatening
APPEARANCE
Clothing Red Eyes, bloodshot
Cold, clammy, sweats Sleeping/Sleepy
Constricted (pinpoint) pupils Sweating
Dilated (large) pupils Tremors
Disheveled clothing Unfocused, blank stare
Flushed complexion Unkempt grooming
BODY ODORS
Alcohol Marijuana

10. REHABILITATE OR TERMINATE?
Automatic termination if past offender
Rehabilitation requirements:
Manager must be willing to commit to rehab process
Employee must admit problem and commit to treatment
Employee serves 2-4 week disciplinary suspension
Employee must execute a “last chance agreement” upon return to work
Our experience: only 20% success rates with rehabilitation approach

11. Do’s for Supervisors
DO emphasize that you only are concerned with work performance or conduct
DO have documentation or performance in front of you when you talk with the employee
DO remember that many problems get worse without assistance
DO emphasize that conversations with an EAP, if applicable, are confidential
DO explain that an EAP is voluntary and exists to help the employee
DO call an EAP to discuss how to make a referral
DO Involve HR and/or Medical when you suspect a problem

12. Don’ts for Supervisors
DON’T try to diagnose the problem
DON’T moralize. Limit comments to job performance and conduct issues only
DON’T discuss alcohol and drug use
DON’T be misled by sympathy-evoking tactics
DON’T cover up. If you protect people, it enables them to stay the same
DON’T make threats that you do not intend to carry out
DON’T go it alone