1. Drug-Free Workplace Training for Supervisors

2. Objectives of Training  The Lighthouse Drug and Alcohol Policy  The different components of the Drug-Free Workplace Policy  How to intervene in reasonable suspicion situations  How to address performance problems that may be related to substance abuse At the end of the training, supervisors should understand:

3. Document policy violations or performance concerns Document policy violations or performance concerns Protect employee confidentiality Protect employee confidentiality Refer employees who have problems with alcohol and other drugs Refer employees who have problems with alcohol and other drugs Continue to supervise employees who have been referred to assistance Continue to supervise employees who have been referred to assistance Avoid enabling behaviors and common supervisor traps Avoid enabling behaviors and common supervisor traps

4. Overview of Drug-Free Workplace Policy Sends a clear message that use of alcohol and drugs in the workplace is prohibited Sends a clear message that use of alcohol and drugs in the workplace is prohibited Encourages employees who have problems with alcohol and other drugs to voluntarily seek help Encourages employees who have problems with alcohol and other drugs to voluntarily seek help The Drug-Free Workplace Policy accomplishes two major things:

5. The Drug-Free Workplace Policy exists to: Protect the health and safety of all employees, clients/customers and the public Protect the health and safety of all employees, clients/customers and the public Safeguard employer assets from theft and destruction Safeguard employer assets from theft and destruction Maintain company quality, integrity and reputation Maintain company quality, integrity and reputation Comply with the state and federal mandates and any other applicable laws Comply with the state and federal mandates and any other applicable laws Overview of Drug-Free Workplace Policy

6. The Drug-Free Workplace Policy addresses: Purpose of the policy and program; Purpose of the policy and program; Who is covered by the policy; Who is covered by the policy; When does the policy apply; When does the policy apply; What behavior is prohibited; What behavior is prohibited; Are employees required to notify supervisors of drug-related convictions; Are employees required to notify supervisors of drug-related convictions; Does the policy include searches; Does the policy include searches; Overview of Drug-Free Workplace Policy

7. Types of drug testing; Types of drug testing; Consequences for violating the policy; Consequences for violating the policy; Return-to-Work Agreements; Return-to-Work Agreements; Types of assistance that is available to employees needing help; Types of assistance that is available to employees needing help; Employee confidentiality; Employee confidentiality; Who is responsible for enforcing the policy; Who is responsible for enforcing the policy; How the policy communicated to employees How the policy communicated to employees Overview of Drug-Free Workplace Policy

8. Lighthouse Youth Services Policy Review

9. Legally Sensitive Areas Safeguard employee’s confidentiality Safeguard employee’s confidentiality Ensure the policy is clearly communicated Ensure the policy is clearly communicated Establish procedures to thoroughly investigate alleged violations Establish procedures to thoroughly investigate alleged violations Provide due process and ample opportunity for response to allegations Provide due process and ample opportunity for response to allegations Ensure quality control and confirmation of positive tests Ensure quality control and confirmation of positive tests Conform to union contracts, if applicable Conform to union contracts, if applicable

10. Supervisors’ Role If substance abuse/alcohol abuse is contributing to an employee’s poor performance……ignoring or avoiding the issue will not help the situation If substance abuse/alcohol abuse is contributing to an employee’s poor performance……ignoring or avoiding the issue will not help the situation A supervisor must clearly understand the company’s drug free workplace policy A supervisor must clearly understand the company’s drug free workplace policy

11. Supervisors’ Responsibilities Maintain a safe, secure and productive environment for employees Maintain a safe, secure and productive environment for employees Evaluate and discuss performance with employees Evaluate and discuss performance with employees Treat all employees fairly Treat all employees fairly Act in a manner that does not demean or label people Act in a manner that does not demean or label people It is your responsibility, as a supervisor, to:

12. It is NOT your responsibility, as a supervisor, to: Diagnose drug and alcohol problems Diagnose drug and alcohol problems Have all the answers Have all the answers Provide counseling or therapy Provide counseling or therapy Be a police officer Be a police officer Supervisors’ Responsibilities

13. Signs of Possible Substance Abuse Deteriorating Performance Unsafe Work Practices Behavioral Changes Physical Symptoms

14. Signs of Possible Substance Abuse Performance Performance Inconsistent quality of work Inconsistent quality of work Poor concentration Poor concentration Increased mistakes, errors in judgment, sudden inability to handle complex assignments or meet deadlines Increased mistakes, errors in judgment, sudden inability to handle complex assignments or meet deadlines Increase absenteeism or tardiness Increase absenteeism or tardiness Patterns of absenteeism (Mondays, Fridays, before or after holidays, and following paydays) Patterns of absenteeism (Mondays, Fridays, before or after holidays, and following paydays)

15. Signs of Possible Substance Abuse Performance Performance Excessive sick leave Excessive sick leave Frequent early departures Frequent early departures Extended breaks Extended breaks Excessive time of the phone Excessive time of the phone Needless risk taking, disregard for safety Needless risk taking, disregard for safety

16. Signs of Possible Substance Abuse Behavior Behavior Irritability, moodiness, arguing with co-workers, or insubordination to supervisors Irritability, moodiness, arguing with co-workers, or insubordination to supervisors Frequent financial problems Frequent financial problems Avoidance of friends and colleagues Avoidance of friends and colleagues Overreacts to criticism Overreacts to criticism Covers up and lies Covers up and lies

17. Signs of Possible Substance Abuse Behavior Behavior Blaming others for own problems and shortcomings Blaming others for own problems and shortcomings Complaints about problems at home Complaints about problems at home Deterioration of personal appearance, looks sloppy, unkempt, unshaven, or dressed inappropriately Deterioration of personal appearance, looks sloppy, unkempt, unshaven, or dressed inappropriately Complaints and excuses of vaguely-defined illnesses Complaints and excuses of vaguely-defined illnesses

18. Signs of Possible Substance Abuse Unsafe Work Practices Unsafe Work Practices Higher incident rate of accidents Higher incident rate of accidents Carelessness working with hazardous materials or operating equipment Carelessness working with hazardous materials or operating equipment Risky behavior Risky behavior Increased off-the-job accidents Increased off-the-job accidents Damaging equipment or property Damaging equipment or property

19. Signs of Possible Substance Abuse Physical Physical Fatigue Fatigue Slurred speech Slurred speech Smell of alcohol on breath or odor of marijuana Smell of alcohol on breath or odor of marijuana Staggering, stumbling, lack of coordination Staggering, stumbling, lack of coordination Unsteady movements and shaky hands Unsteady movements and shaky hands Cold, sweaty palms Cold, sweaty palms Clammy skin Clammy skin

20. Signs of Possible Substance Abuse Physical Physical Sweating Sweating Tremors Tremors Rapid pulse Rapid pulse Unusual weight loss or gain Unusual weight loss or gain

21. Signs of Possible Substance Abuse Bloodshot eyes Dilated pupils Pinpoint pupils Physical Physical

22. Ohio’s Rebuttable Presumption Law ~Allows employers to seek disallowance of a workers’ compensation claim filed by an employee who tests positive for illicit drugs or alcohol OR who refuses to submit to a test~

23. “Rebuttable Presumption” shifts burden of proof to an employee to prove that drug or alcohol use was not the proximate cause of a workplace injury shifts burden of proof to an employee to prove that drug or alcohol use was not the proximate cause of a workplace injury When an employee tests positive under a qualifying test rebuttable presumption:

24. Rebuttable Presumption Criteria A positive alcohol or drug test on its own is not ENOUGH proof to disallow any BWC claims A positive alcohol or drug test on its own is not ENOUGH proof to disallow any BWC claims The BWC requires the following conditions to be met: The BWC requires the following conditions to be met: Without the following conditions the BWC will not consider a disallowance of any claims Without the following conditions the BWC will not consider a disallowance of any claims A positive drug/alcohol test or a refusal to submit to a drug/alcohol test A positive drug/alcohol test or a refusal to submit to a drug/alcohol test The specimen collection was obtained within the appropriate time frame: 8 hours of time of injury for alcohol and 32 hours of time of injury for drugs The specimen collection was obtained within the appropriate time frame: 8 hours of time of injury for alcohol and 32 hours of time of injury for drugs Written notice was posted Written notice was posted Documentation to justify post accident testing was occurring: reasonable cause, order of the test by a police officer, and/or a test by a physician not employed by the employees employer Documentation to justify post accident testing was occurring: reasonable cause, order of the test by a police officer, and/or a test by a physician not employed by the employees employer

25. Alcohol Alcohol Amphetamines Amphetamines Marijuana Marijuana Cocaine Cocaine Opiates Opiates PCP PCP Barbiturates Barbiturates Benzodiazepines Benzodiazepines Methadone Methadone Propoxyphene Propoxyphene

26. essential to rebuttable presumption is reasonable cause to test… Reasonable Cause Defined “Reasonable cause" can mean, but is not limited to, evidence that an employee is or was using alcohol or a controlled substance drawn from specific, objective facts and reasonable inferences drawn from these facts in light of experience and training “Reasonable cause" can mean, but is not limited to, evidence that an employee is or was using alcohol or a controlled substance drawn from specific, objective facts and reasonable inferences drawn from these facts in light of experience and training

27. Reasonable Cause Can Be… Observable phenomena, such as direct observation of use, possession, or distribution of alcohol or a controlled substance, or of the physical symptoms of being under the influence of alcohol or a controlled substance, such as but not limited to slurred speech, dilated pupils, odor of alcohol or a controlled substance, changes in affect, or dynamic mood swings Observable phenomena, such as direct observation of use, possession, or distribution of alcohol or a controlled substance, or of the physical symptoms of being under the influence of alcohol or a controlled substance, such as but not limited to slurred speech, dilated pupils, odor of alcohol or a controlled substance, changes in affect, or dynamic mood swings

28. Reasonable Cause Can Be… A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance such as frequent absenteeism, excessive tardiness, or recurrent accidents, that appears to be related to the use of alcohol or a controlled substance, and does not appear to be attributable to other factors A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance such as frequent absenteeism, excessive tardiness, or recurrent accidents, that appears to be related to the use of alcohol or a controlled substance, and does not appear to be attributable to other factors

29. Reasonable Cause Can Be… The identification of an employee as the focus of a criminal investigation into unauthorized possession, use, or trafficking of a controlled substance The identification of an employee as the focus of a criminal investigation into unauthorized possession, use, or trafficking of a controlled substance A report of use of alcohol or a controlled substance provided by a reliable and credible source A report of use of alcohol or a controlled substance provided by a reliable and credible source

30. Reasonable Cause Can Be… Repeated or flagrant violations of the safety or work rules of the employee's employer, that are determined by the employee's supervisor to pose a substantial risk of physical injury or property damage and that appear to be related to the use of alcohol or a controlled substance and that do not appear attributable to other factors Repeated or flagrant violations of the safety or work rules of the employee's employer, that are determined by the employee's supervisor to pose a substantial risk of physical injury or property damage and that appear to be related to the use of alcohol or a controlled substance and that do not appear attributable to other factors

31. Reasonable Suspicion Situations Supervisors must distinguish between a performance problem and reasonable suspicion which can consist of : Dangerous behavior Dangerous behavior Threatening behavior Threatening behavior Obvious impairment Obvious impairment Possession of alcohol and other drugs Possession of alcohol and other drugs Illegal activity Illegal activity Requires immediate intervention by supervisor May require third-party investigation

32. Responding to Employee Allegations of On-the-Job Impairment Recommended Guidelines: Recommended Guidelines: Thank the person for bringing the matter to your attention Thank the person for bringing the matter to your attention Ask for an explanation of the person’s specific concerns Ask for an explanation of the person’s specific concerns Ask if the matter has been discussed with others or if others are aware of the situation Ask if the matter has been discussed with others or if others are aware of the situation Request that the person not talk to other employees about the matter or about reporting his/her concerns Request that the person not talk to other employees about the matter or about reporting his/her concerns Assure the person that you will promptly investigate and take appropriate action Assure the person that you will promptly investigate and take appropriate action

33. Supervisor Intervention in Reasonable Suspicion Situations Situations which pose an eminent threat require immediate intervention. Situations which pose an eminent threat require immediate intervention.

34. Use neutral conversation to stop the person from working A neutral conversation is a conversation that is related to the person’s job and unrelated to the allegation of on-the-job impairment A neutral conversation is a conversation that is related to the person’s job and unrelated to the allegation of on-the-job impairment While talking to the employee, the supervisor should asses whether any physical and/or behavioral characteristics exist While talking to the employee, the supervisor should asses whether any physical and/or behavioral characteristics exist If the supervisor sees any signs of possible use, the employee should be asked to immediately meet with the supervisor If the supervisor sees any signs of possible use, the employee should be asked to immediately meet with the supervisor If no signs of alcohol/drug use is exhibited the employee can not be removed from the work site If no signs of alcohol/drug use is exhibited the employee can not be removed from the work site

35. If reasonable suspicion exists meet with the employee in private  State your concerns: “[Employee Name], when I was talking to you earlier I noticed that your eyes were glassy, your speech was slurred, and you had an odor consistent with alcohol and marijuana. Based on my observations, I am required to ask you to submit to testing under our drug and alcohol policy…..” Request the employee to submit to testing as required by company policy Request the employee to submit to testing as required by company policy Arrange for the employee to be escorted to a collection site for testing and to his/her home afterwards Arrange for the employee to be escorted to a collection site for testing and to his/her home afterwards

36. What to do….REFUSAL? Ask the employee to leave and should not report back to work until the supervisor calls. Ask the employee to leave and should not report back to work until the supervisor calls. The supervisor should offer to call a cab or ask if someone can pick him up The supervisor should offer to call a cab or ask if someone can pick him up CONTACT Deanna, immediately CONTACT Deanna, immediately Follow up with employee as to what any consequences may be Follow up with employee as to what any consequences may be

37. CONFRONTATION After being confronted by the supervisor, the employee may become defensive and angry based on the “allegations” After being confronted by the supervisor, the employee may become defensive and angry based on the “allegations” Supervisor should remain calm and grounded in order to stay in control Supervisor should remain calm and grounded in order to stay in control Do not get drawn into a debate with the employee, continue to stress the drug free work place policy: Do not get drawn into a debate with the employee, continue to stress the drug free work place policy: “…I understand that you are not happy that we are having this conversation and I am more than willing to hear you out and talk further….but now we need to determine if you are willing to take the test…..” “…I understand that you are not happy that we are having this conversation and I am more than willing to hear you out and talk further….but now we need to determine if you are willing to take the test…..”

38. Addressing Performance Issues When an employees performance deteriorates, the supervisor has an obligation to intervene. When an employees performance deteriorates, the supervisor has an obligation to intervene. The supervisor does not need to be an expert on alcohol and drug abuse to do so as the intervention should be focused on the employee’s performance problems The supervisor does not need to be an expert on alcohol and drug abuse to do so as the intervention should be focused on the employee’s performance problems

39. Discussing Performance Problems Take the following steps to discuss a performance problem with an employee: Document the problem Document the problem Prepare to meet with the employee Prepare to meet with the employee Set the stage for the meeting Set the stage for the meeting Confront constructively by coaching Confront constructively by coaching Refer for assistance if appropriate Refer for assistance if appropriate Follow up and reinforce progress Follow up and reinforce progress

40. Identifying Performance Problems Recognizing changes in performance and working to improve productivity is a core component of every supervisor’s job. Abuse of alcohol or drugs inevitably leads to costly and potentially dangerous consequences Abuse of alcohol or drugs inevitably leads to costly and potentially dangerous consequences Ignoring or avoiding performance issues will not help to improve the situation Ignoring or avoiding performance issues will not help to improve the situation

41. Documenting Employee Performance Documentation is a written record of your actions and discussions. Documentation is a written record of your actions and discussions. It helps defend your actions. It helps defend your actions. It helps an employee understand your concerns and shows the employee what to do to resolve the problem. It helps an employee understand your concerns and shows the employee what to do to resolve the problem. It helps you become more objective by forcing you to read and reconsider your position. It helps you become more objective by forcing you to read and reconsider your position. It helps ensures supervisors are dealing with employees consistently. It helps ensures supervisors are dealing with employees consistently.

42. Documenting Employee Performance When documenting employee performance: When documenting employee performance: Create documentation right away Create documentation right away Make it accurate Make it accurate Maintain a training file Maintain a training file

43. Documenting Employee Performance Clarity is your main goal. Documentation should: Clarity is your main goal. Documentation should: Be easy to understand Be easy to understand Succinctly present the facts and the supporting details of the problem Succinctly present the facts and the supporting details of the problem Convey expectations for change Convey expectations for change

44. Documenting Employee Performance Documentation should also: Documentation should also: Specify the consequences of noncompliance to requested performance improvement Specify the consequences of noncompliance to requested performance improvement Set specific and achievable goals for performance improvement Set specific and achievable goals for performance improvement Demonstrate your company’s willingness to work with the employee over a given period of time Demonstrate your company’s willingness to work with the employee over a given period of time

45. Documenting Employee Performance Objectivity facilitates clarity. Objectivity facilitates clarity. Stick to the facts Stick to the facts Leave nothing to interpretation Leave nothing to interpretation Completeness facilities clarity. Completeness facilities clarity.

46. Documenting Employee Performance Continued It is important that: It is important that:  The employee receives a copy of all documentation.  That you have the employee sign an acknowledgment at the end of the documents.  If the employee refuses to sign, write “Hand- delivered to (name of employee) this (date). (Name of employee) refused to sign acknowledgment of receipt.”

47. To successfully document employee behavior, you must describe your direct observations of the employee’s behavior or record the direct observations of others:  I saw: You were late → I saw you report to your desk at 9:35 am  I heard: You were rude to a client → I heard you say your eviction notice was not my problem  I smelled: I think you have been drinking → When I spoke with you…I could smell what appeared to be alcohol on your breath  You are hostile → On 3/3, 3/8, 3/10 I heard you use the words “ go to hell”, “damn you” with your clients.  You appear to be under the influence → Your speech was slurred, your eyes are bloodshot, and your breath seemed to smell of liquor

48. Preparation ….after you have documented the performance issues…. To prepare for the meeting: Discuss the matter with your supervisor and/or a Human Resources representative Discuss the matter with your supervisor and/or a Human Resources representative Discuss the problem with the Employee Assistance Program (EAP), if applicable → CONCERN Discuss the problem with the Employee Assistance Program (EAP), if applicable → CONCERN Prepare what you are going to say in advance and make notes Prepare what you are going to say in advance and make notes Discuss the performance problem with the employee without delay, before it becomes more serious Discuss the performance problem with the employee without delay, before it becomes more serious

49. Setting the Stage When scheduling the employee interview: Meet with the employee in a private place where interruptions will be limited Meet with the employee in a private place where interruptions will be limited Choose the best time of day considering workload and the employee’s behavior Choose the best time of day considering workload and the employee’s behavior Allow sufficient time for the meeting, but set a time limit Allow sufficient time for the meeting, but set a time limit Make an appointment with the employee in advance Make an appointment with the employee in advance Allow for union representation, if appropriate Allow for union representation, if appropriate

50. Coaching Notes When talking with an employee about a performance problem: When talking with an employee about a performance problem: Avoid becoming emotionally attached Avoid becoming emotionally attached Do not attempt to link alcohol or drug use the problem Do not attempt to link alcohol or drug use the problem Be prepared to deal with the employee’s resistance, denial, defensiveness, and hostility Be prepared to deal with the employee’s resistance, denial, defensiveness, and hostility Do not allow the employee to play you against other supervisors, higher management or the union Do not allow the employee to play you against other supervisors, higher management or the union Remain focused on behavior Remain focused on behavior

51. Enabling Enabling: Action that you take that protects the employee from the consequences of his/her actions and actually helps the employee to NOT deal with the problem. Examples of enabling:  Covering Up  Rationalizing  Withdrawing/Avoiding  Blaming  Controlling  Threatening

52. Supervisor Traps Sympathy Sympathy Excuses Excuses Apology Apology Diversions Diversions Innocence Anger Pity Tears

53. Employee Assistance Referrals For supervisor referrals to be effective, an employee needs to know that: For supervisor referrals to be effective, an employee needs to know that: Problems will not be made public Problems will not be made public Conversations with an EAP professional - or other referral agent - are private and will be protected Conversations with an EAP professional - or other referral agent - are private and will be protected All information related to performance issues will be maintained in his/her personnel file All information related to performance issues will be maintained in his/her personnel file Information about referral to treatment, however, will be kept separately Information about referral to treatment, however, will be kept separately

54. Information about treatment for addiction or mental illness is not a matter of public record and cannot be shared without a signed release from the employee Information about treatment for addiction or mental illness is not a matter of public record and cannot be shared without a signed release from the employee If an employee chooses to tell coworkers about his/her private concerns, that is his/her decisions If an employee chooses to tell coworkers about his/her private concerns, that is his/her decisions When an employee tells his/her supervisor something in confidence, supervisors are obligated to protect that disclosure When an employee tells his/her supervisor something in confidence, supervisors are obligated to protect that disclosure Employee Assistance Referrals

55. If EAP services are available, employees are also assured that: EAP records are separate from personnel records and can be accessed only with a signed release from the employee 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 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 There are clear limits on when and what information an EAP professional can share and with whom

56. However, there are some limits on confidentiality that may require: Disclosure of child abuse, elder abuse and serious threats of homicide or suicide as dictated by state law 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 participation in an EAP to the referring supervisor Reporting the results of assessment and evaluation following a positive drug test Reporting the results of assessment and evaluation following a positive drug test

57. Additional limits on confidentiality may include: Verifying medical information to authorize release time or satisfy fitness-for-duty concerns as specified in company policy 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 medical information to the insurance company in order to qualify for coverage under a benefits plan

58. Continued Supervision Continuing feedback about behavior and performance Continuing feedback about behavior and performance Accurate performance appraisals Accurate performance appraisals Time to adjust to doing things differently Time to adjust to doing things differently Open lines of communication Open lines of communication Corrective action if old behaviors reappear Corrective action if old behaviors reappear After returning from an EAP referral, the employee will need:

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

60. Don’ts for Supervisors DON’T try to diagnose the problem DON’T try to diagnose the problem DON’T moralize. Limit comments to job performance and conduct issues only DON’T moralize. Limit comments to job performance and conduct issues only DON’T discuss alcohol and drug use DON’T discuss alcohol and drug use DON’T be misled by sympathy-evoking tactics 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 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 make threats that you do not intend to carry out