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1 Creating An Industry Drug-Free Program ScreenSafe Inc. Program Administrators
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2 Our National Substance Abuse Problem The Social Costs of illicit drug abuse add up to $110 billion each year The Social Costs of illicit drug abuse add up to $110 billion each year U.S. drug users spend substantially more than $63.2 billion annually to purchase drugs U.S. drug users spend substantially more than $63.2 billion annually to purchase drugs There are more than 1 million drug arrests each year - half of all arrestees test positive for illicit drug use There are more than 1 million drug arrests each year - half of all arrestees test positive for illicit drug use
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3 Drug Use and Alcohol Abuse: Consequences 1.4 million arrests for driving while intoxicated 4 in 10 fatal motor vehicle accidents involve alcohol
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4 Drug Use and Alcohol Abuse: Consequences Among employed adults, the highest rates of current drug use and heavy drinking are reported by; White, non-Hispanic males 18-25 years old
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5 Drug Use and Alcohol Abuse: Prevalence According to the 2004 Household survey, 75.2 % of those who used illegal drugs in the past month are employed.
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6 Illicit Drug Use by Industry By occupation, the highest rates of current drug use and heavy drinking were reported by those employed as By occupation, the highest rates of current drug use and heavy drinking were reported by those employed as Food preparation workers, waiters, waitresses and bartenders (19%) Food preparation workers, waiters, waitresses and bartenders (19%) Construction workers (14%) Construction workers (14%) Service occupations (13%) Service occupations (13%) Transportation/material moving workers (10%). Transportation/material moving workers (10%).
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7 Postal Service Study A U.S. Postal Service study indicated that employees who tested positive on their pre- employment drug test were : A U.S. Postal Service study indicated that employees who tested positive on their pre- employment drug test were : 3 77% more likely to be discharged within the first three years of employment 3 absent from work 66% more often than those who tested negative.
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8 Postal Service Study The study estimated that the U.S. Postal Service would have saved approximately $52 million within two years, if it had just screened out positive job applicants. The study estimated that the U.S. Postal Service would have saved approximately $52 million within two years, if it had just screened out positive job applicants.
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9 The Program Tri-Counties SMACNA along with SMWIA Local # 273 have formed a partnership to address the problems caused by drug and alcohol abuse
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10 Goals and Objectives Recognition of the problem; Recognition of the problem; Development of a comprehensive policy; Development of a comprehensive policy; Educate Participants; Educate Participants; Promote the Member/Employee Assistance Program (M/EAP); Promote the Member/Employee Assistance Program (M/EAP); Implement a fair and respectful drug testing program that conforms to Federal drug testing standards. Implement a fair and respectful drug testing program that conforms to Federal drug testing standards.
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11 Key Policy Issues Contractor participation and commitment is critical. Contractor participation and commitment is critical. Participant education. Participant education. Supervisory training. Supervisory training. Drug testing. Drug testing.
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12 Policy Requirements and Prohibitions The use of alcohol or drugs by employees during working hours on the job site or on company property (including company vehicles) is absolutely prohibited. The use of alcohol or drugs by employees during working hours on the job site or on company property (including company vehicles) is absolutely prohibited. Participants are required to submit to drug and/or alcohol testing in accordance with this policy. Participants are required to submit to drug and/or alcohol testing in accordance with this policy.
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13 Policy Requirements and Prohibitions No participant will be tested for alcohol unless a reasonable suspicion exists that the person is under the influence of alcohol, or they are involved in an OSHA recordable on the job accident. No participant will be tested for alcohol unless a reasonable suspicion exists that the person is under the influence of alcohol, or they are involved in an OSHA recordable on the job accident. Participants subject to this policy continue to have access to the usual protections provided as part of their union membership. Participants subject to this policy continue to have access to the usual protections provided as part of their union membership.
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14 Policy Requirements and Prohibitions All participants shall be considered part of the testing pool and will be tested over a 2 year period. All participants shall be considered part of the testing pool and will be tested over a 2 year period. Participants will be selected randomly from the 50% pool. Participants will be selected randomly from the 50% pool. Participants who complete the testing process will not be returned to the 50% pool. Participants who complete the testing process will not be returned to the 50% pool. At the same time there will be an ongoing 10% pool. At the same time there will be an ongoing 10% pool.
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15 Testing Procedures Names picked from the random pool. Names picked from the random pool. ScreenSafe through the Union finds out where the union member is working. ScreenSafe through the Union finds out where the union member is working. Designated (Company or Union) Representative called and informed to expect a fax regarding participants being tested. Designated (Company or Union) Representative called and informed to expect a fax regarding participants being tested.
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16 Testing Procedures ScreenSafe makes calls to Designated Representative in the AM. ScreenSafe makes calls to Designated Representative in the AM. Forms sent to Designated Representative: Forms sent to Designated Representative: Testing Procedures for the Sheet Metal/ScreenSafe Drug Free Program Testing Procedures for the Sheet Metal/ScreenSafe Drug Free Program List of Collection Sites List of Collection Sites By the end of the business day, the Designated Representative informs participant that his/her name has been selected. By the end of the business day, the Designated Representative informs participant that his/her name has been selected.
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17 Testing Procedures If participant is unemployed they will receive $50.00 from the program for testing. If participant is unemployed they will receive $50.00 from the program for testing. Participants are given until end of next business day to take test. Participants are given until end of next business day to take test.
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18 At the Collection Site Authorization for Consent to Drug Analysis and Authorization of Release of Results for testing Authorization for Consent to Drug Analysis and Authorization of Release of Results for testing Release of Information Signed for Medical Review Officer (MRO), M/EAP and ScreenSafe Release of Information Signed for Medical Review Officer (MRO), M/EAP and ScreenSafe
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19 At The Collection Site Participant Signs Consent Forms Participant Signs Consent Forms Collection Site Technician faxes Consent and Release Form Back to ScreenSafe Collection Site Technician faxes Consent and Release Form Back to ScreenSafe
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20 Testing Procedures If the test is negative, no further action is taken. If the test is negative, no further action is taken. If the test is positive, the Medical Review Officer (MRO) calls participant to validate reason for positive. If the test is positive, the Medical Review Officer (MRO) calls participant to validate reason for positive. If no valid reason found, participant is in violation of policy. If no valid reason found, participant is in violation of policy.
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21 Testing Procedures Testing will also be done when there is “reasonable suspicion”. Testing will also be done when there is “reasonable suspicion”. Accelerated testing (follow-up) takes place once a participant has been non- compliant. It is based on M/EAP evaluation. Accelerated testing (follow-up) takes place once a participant has been non- compliant. It is based on M/EAP evaluation.
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22 Testing Procedures - Safeguards Integrity of specimens insured by utilization of one collection procedure at all sites Integrity of specimens insured by utilization of one collection procedure at all sites All labs have DHHS certification All labs have DHHS certification All positives confirmed by GC/MS All positives confirmed by GC/MS MRO reviews all drug test positives MRO reviews all drug test positives
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23 Testing Procedures – Safeguards Urine samples separated into two containers at time of collection Urine samples separated into two containers at time of collection Other forms of testing for participants with confirmed medical conditions Other forms of testing for participants with confirmed medical conditions
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24 Testing Occasions - Portability These provisions will apply to those individuals working under the portability rules. These provisions will apply to those individuals working under the portability rules. All traveling craftpersons will be subject to: All traveling craftpersons will be subject to: Initial testing Initial testing Random testing – 10% pool Random testing – 10% pool
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25 Testing Occasions - Portability Craftperson will be allowed to report to work immediately after providing proof of taking required urine test. Craftperson will be allowed to report to work immediately after providing proof of taking required urine test. If the Craftsperson is non-compliant for any prohibited substance results in immediate termination. If the Craftsperson is non-compliant for any prohibited substance results in immediate termination. Craftperson who is non-compliant must wait 30 days to test again in order to work in the jurisdiction. Craftperson who is non-compliant must wait 30 days to test again in order to work in the jurisdiction.
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26 Policy Violations Policy Violations can include; Policy Violations can include; Having a positive test result. Having a positive test result. Failing to take a test as scheduled Failing to take a test as scheduled Failure to call the MRO Failure to call the MRO Failing to keep a scheduled appointment with M/EAP or Failing to keep a scheduled appointment with M/EAP or Failing to participate in and/or complete the assigned treatment or education program Failing to participate in and/or complete the assigned treatment or education program
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27 Policy Violations Policy Violations can include (continued); Policy Violations can include (continued); Substituting another substance or specimen Substituting another substance or specimen Providing a dilute specimen for a second time without a valid medical explanation Providing a dilute specimen for a second time without a valid medical explanation Providing a urine specimen which shows the presence of an adulterant Providing a urine specimen which shows the presence of an adulterant
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28 Consequences Upon a first notice of unavailability the participant; Upon a first notice of unavailability the participant; will be referred to the M/EAP for evaluation will be referred to the M/EAP for evaluation must complete recommended treatment or education program must complete recommended treatment or education program An apprentice or participant in training shall be referred to the training coordinator and action could include referral to M/EAP, disciplinary action or cancellation from the training program An apprentice or participant in training shall be referred to the training coordinator and action could include referral to M/EAP, disciplinary action or cancellation from the training program
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29 Consequences (con’t) The participant will be placed in an accelerated testing program. The participant will be placed in an accelerated testing program. Participant may choose to wait out 30 days. Participant may not work and will not be reinstated until a negative urine test is received. Participant may choose to wait out 30 days. Participant may not work and will not be reinstated until a negative urine test is received. The participants may only wait out on the first non-compliance, any preceding non- compliances the participant would be required to attend the M/EAP The participants may only wait out on the first non-compliance, any preceding non- compliances the participant would be required to attend the M/EAP
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30 Consequences Local Upon a second notice of unavailability from the preceding first within a 2 year period the participant; Upon a second notice of unavailability from the preceding first within a 2 year period the participant; will be referred to the EAP for evaluation will be referred to the EAP for evaluation must complete recommended treatment or education program must complete recommended treatment or education program will be placed in an accelerated testing program. will be placed in an accelerated testing program.
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31 Consequences (con’t) An apprentice or participant in training shall be referred to the training coordinator and action could include referral to EAP, disciplinary action or cancellation from the training program An apprentice or participant in training shall be referred to the training coordinator and action could include referral to EAP, disciplinary action or cancellation from the training program
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32 Consequences Upon a third notice of unavailability from the preceding second within a 2 year period the participant; Upon a third notice of unavailability from the preceding second within a 2 year period the participant; will be referred to the EAP for evaluation will be referred to the EAP for evaluation must complete recommended treatment or education program prior to returning to work. must complete recommended treatment or education program prior to returning to work. will be placed in an accelerated testing program. will be placed in an accelerated testing program.
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33 Consequences (con’t) Will be suspended for 30 days. Will be suspended for 30 days. Will be required to sign a “1 st Letter of Understanding”. Will be required to sign a “1 st Letter of Understanding”.
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34 Consequences Upon a fourth notice of unavailability from the preceding second within a 2 year period the participant; Upon a fourth notice of unavailability from the preceding second within a 2 year period the participant; will be referred to the EAP for evaluation will be referred to the EAP for evaluation must complete recommended treatment or education program prior to returning to work. must complete recommended treatment or education program prior to returning to work. will be placed in an accelerated testing program will be placed in an accelerated testing program
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35 Consequences (con’t) Will be suspended for 180 days. Will be suspended for 180 days. Will be required to sign a “2 nd Letter of Understanding”. Will be required to sign a “2 nd Letter of Understanding”.
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36 Consequences Upon a fifth notice of unavailability from the preceding second within a 2 year period the participant; Upon a fifth notice of unavailability from the preceding second within a 2 year period the participant; will be referred to the EAP for evaluation will be referred to the EAP for evaluation must complete recommended treatment or education program prior to returning to work. must complete recommended treatment or education program prior to returning to work. will be placed in an accelerated testing program will be placed in an accelerated testing program
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37 Consequences (con’t) Will be suspended for 1 year. Will be suspended for 1 year. Will be required to sign a “3 rd Letter of Understanding”. Will be required to sign a “3 rd Letter of Understanding”.
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38 Post-Accident Testing Post accident testing may be done when employees are involved in a work related accident or incident that results in a fatality, a lost time injury, OSHA recordable incident or significant property damage or monetary loss. Post accident testing may be done when employees are involved in a work related accident or incident that results in a fatality, a lost time injury, OSHA recordable incident or significant property damage or monetary loss. Post Accident testing is done at the employers expense and the employer is entitled to the results. Post Accident testing is done at the employers expense and the employer is entitled to the results.
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39 Designated Representative Responsibilities Register names of new employees with ScreenSafe. Register names of new employees with ScreenSafe. Send names of people who have left the company. Send names of people who have left the company. Information Needed: Information Needed: Name, social security number/union card number, address, city, state, zip, and phone number Name, social security number/union card number, address, city, state, zip, and phone number For people who work 20 hours or more per week and are not a part of another union or bargaining unit. For people who work 20 hours or more per week and are not a part of another union or bargaining unit. Notify people who need to test Notify people who need to test
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40 Designated Representative Responsibilities After employee notified “Notification Form” must be faxed to ScreenSafe with time and date the person was notified After employee notified “Notification Form” must be faxed to ScreenSafe with time and date the person was notified Remind employee Remind employee They need a picture I.D. or be accompanied by a foreman. They need a picture I.D. or be accompanied by a foreman. They need to test before the end of the next business day. They need to test before the end of the next business day. They should keep receipt or give to Designated Representative They should keep receipt or give to Designated Representative They need to inform the testing site that they are testing through ScreenSafe/Sheet Metal They need to inform the testing site that they are testing through ScreenSafe/Sheet Metal They need to give their UNION CARD NUMBER if they are a union member They need to give their UNION CARD NUMBER if they are a union member
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41 Designated Representative Responsibilities Non-Compliant Participants Non-Compliant Participants When you are notified about a non-compliant person this information must remain confidential. When you are notified about a non-compliant person this information must remain confidential. A non-compliant person is not allowed to work until ScreenSafe faxes a copy of the “Release to Work” form to you. The person must be removed from duty immediately. A non-compliant person is not allowed to work until ScreenSafe faxes a copy of the “Release to Work” form to you. The person must be removed from duty immediately. Please discretely notify the person they are non-compliant. Quietly and calmly explain to them that you were notified of their non-compliance from ScreenSafe and they must leave the job site immediately. Inform the person they need to call ScreenSafe 877/727-3369. Please discretely notify the person they are non-compliant. Quietly and calmly explain to them that you were notified of their non-compliance from ScreenSafe and they must leave the job site immediately. Inform the person they need to call ScreenSafe 877/727-3369.
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42 CONCLUSION Our approach is always fairness and objectivity for the employee and for the employer. Our approach is always fairness and objectivity for the employee and for the employer. Our intention is always to help. Our intention is always to help. Our goal is always to assist in providing a safe and drug-free workplace. Our goal is always to assist in providing a safe and drug-free workplace.
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43 Implementation of Program Decide upon a “Helping Program/M/EAP” Decide upon a “Helping Program/M/EAP” Register all contractors Register all contractors Identify “Designated Representatives” at all the contractor sites. Identify “Designated Representatives” at all the contractor sites. Enroll all contractor employees in program. Enroll all contractor employees in program. Participant education Participant education Supervisory training Supervisory training Initiate testing Initiate testing
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44 Member Assistance Program BEAT IT! (800) 828-3939
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45 THE ROLE OF THE SUPERVISOR
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46 Supervisor Responsibilities Identify Identify Assess and clarify Assess and clarify Document Document Get Help/Consult Get Help/Consult Take Action Take Action Refer Refer Follow-up Follow-up
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47 Identify The supervisor must notice a change in… The supervisor must notice a change in… Performance Performance Attendance Attendance Safety Safety Behavior Behavior
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48 Identify Examples of Common Performance Problems: Examples of Common Performance Problems: Poor attendance - tardiness, unexplained absences, long lunches Poor attendance - tardiness, unexplained absences, long lunches Mistakes and missed deadlines Mistakes and missed deadlines Co-worker or customer complaints Co-worker or customer complaints How do I decide if I should sent someone for a “reasonable suspicion” test? How do I decide if I should sent someone for a “reasonable suspicion” test?
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49 Reasonable Suspicion
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50 “Levels of Proof” Defined by the courts Proof Beyond a Reasonable Doubt Proof Beyond a Reasonable Doubt Clear and Convincing Evidence Clear and Convincing Evidence Preponderance of Evidence Preponderance of Evidence Balancing the proof 51% or more Balancing the proof 51% or more Probable Cause Probable Cause Facts that show more likely than not that a crime was committed Facts that show more likely than not that a crime was committed Reasonable Suspicion Reasonable Suspicion Hunch Hunch
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51 Reasonable Suspicion is something more than a hunch. U.S. Supreme Court
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52 Reasonable Suspicion To be more than “a hunch” one or more of the following facts should be present; To be more than “a hunch” one or more of the following facts should be present; Suspicious Signs Suspicious Signs Symptoms commonly associated with use Symptoms commonly associated with use Evidence of drug or alcohol use at work Evidence of drug or alcohol use at work Suspicious Behaviors associated with possible use Suspicious Behaviors associated with possible use Physical symptoms that could indicate drug or alcohol use Physical symptoms that could indicate drug or alcohol use
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53 Reasonable Suspicion Suspicious Signs Suspicious Signs Presence of Drug or Alcohol containers or paraphernalia Presence of Drug or Alcohol containers or paraphernalia Odor of Marijuana Odor of Marijuana Smell of Alcohol Smell of Alcohol Unusual amount of breaks or restroom visits Unusual amount of breaks or restroom visits Member in unauthorized areas Member in unauthorized areas
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54 Reasonable Suspicion Symptoms associated with drug & alcohol use; Symptoms associated with drug & alcohol use; Slow reactions Slow reactions Poor Coordination Poor Coordination Work site sleeping or fatigue Work site sleeping or fatigue Delayed or erratic decision making or judgment Delayed or erratic decision making or judgment Confusion Confusion Loss of concentration, difficulty learning Loss of concentration, difficulty learning Carelessness Carelessness Intoxicated behavior Intoxicated behavior
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55 Reasonable Suspicion Physical symptoms that could indicate drug or alcohol use; Physical symptoms that could indicate drug or alcohol use; Bloodspots on shirt sleeves Bloodspots on shirt sleeves Tremors Tremors Slurred or racing speech Slurred or racing speech Staggering walk Staggering walk Poor balance Poor balance Dilated or Constricted Pupils Dilated or Constricted Pupils Nausea Nausea
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56 Reasonable Suspicion (Department of Transportation) The Employer determination that Reasonable Suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.
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57 Reasonable Suspicion Specific: must be clearly distinguishable Specific: must be clearly distinguishable Contemporaneous: happening as you observe them Contemporaneous: happening as you observe them Articulable: be able to clearly describe the observation Articulable: be able to clearly describe the observation NOTE: Second hand observation is not acceptable NOTE: Second hand observation is not acceptable
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58 Reasonable Suspicion When a supervisor observes signs and symptoms that lead them to believe that the Member may not be in a condition where they can safely and effectively perform their duties, that constitutes reasonable suspicion. When a supervisor observes signs and symptoms that lead them to believe that the Member may not be in a condition where they can safely and effectively perform their duties, that constitutes reasonable suspicion. Reasonable Suspicion testing does not require certainty. However, mere “hunches” are not sufficient to meet the standard. Reasonable Suspicion testing does not require certainty. However, mere “hunches” are not sufficient to meet the standard.
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59 Is It More Than A Hunch? Compare against the known pattern – is this usual behavior/performance? Compare against the known pattern – is this usual behavior/performance? Does this behavior/performance fit with company standards? Does this behavior/performance fit with company standards? Interview the person to detect other signs of impairment. Interview the person to detect other signs of impairment. Does a second, manager or supervisor reach the same conclusion ? Does a second, manager or supervisor reach the same conclusion ?
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60 Protocols to Clarify What documentation must be completed? What documentation must be completed? What are the protocols for testing? What are the protocols for testing? Collection site location? Collection site location? Transportation & supervision to the collection site? Transportation & supervision to the collection site? Transportation home? Transportation home? Who get results? Who get results? Procedures for results; positive or negative Procedures for results; positive or negative
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61 Assess and Clarify ►Assess ►Clarify Does the Member have the … Does the Member understand the …. Ability Performance Standards Training Company Policies Skills Motivation
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62 Document Supervisors must document: Supervisors must document: Workplace Behavior Workplace Behavior Workplace Performance Workplace Performance Documentation must be: –Factual and specific –Objective –Timely –Discussed
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63 Documentation Write down the facts – only! Write down the facts – only! Do not assume anything Do not assume anything Do not generalize what you observed Do not generalize what you observed The document must be kept confidential The document must be kept confidential
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64 Documentation Instead of saying: Instead of saying: “ I suspect this Member (driver) is using alcohol” “ I suspect this Member (driver) is using alcohol” Write: Write: Member has difficulty concentrating Member has difficulty concentrating Member seems uncoordinated Member seems uncoordinated Employee’s breath smells like he has been drinking beer Employee’s breath smells like he has been drinking beer
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65 Documentation Instead of saying : Instead of saying : “ The Member acts like he’s on drugs.” “ The Member acts like he’s on drugs.” Write: Write: Member is talking in short clipped sentences Member is talking in short clipped sentences Member is speaking really fast Member is speaking really fast Member has difficulty looking me in the eye Member has difficulty looking me in the eye Member is trying to avoid me Member is trying to avoid me
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66 Get Help / Consult Use the available resources Use the available resources Supervisor Supervisor Human Resources Human Resources MAP MAP Security Security
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67 Take Action #1: Just Do It Interview the Employee: Interview the Employee: Get yourself ready Get yourself ready Excuses Excuses Emotions - i.e. anger, tears Emotions - i.e. anger, tears Avoid personal entanglement Avoid personal entanglement
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68 Take Action #2 Explain your concerns Review your documentation Seek Member acknowledgement or “buy in”
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69 Take Action #3 Develop a plan of action for improvement Detail specific consequences for success or failure Set a date for follow- up discussions
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70 Reasonable Suspicion Testing Confront the employee Confront the employee Ask the Member to come into an office or at minimum, somewhere away from the operations and other employees. Ask the Member to come into an office or at minimum, somewhere away from the operations and other employees. Explain to the Member that you believe that the Member is under the influence and you want them to get tested. Explain to the Member that you believe that the Member is under the influence and you want them to get tested. If the Member agrees, have him/her sign a consent form and assign someone to escort the Member to the clinic. If the Member agrees, have him/her sign a consent form and assign someone to escort the Member to the clinic.
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71 Reasonable Suspicion Testing Confront the employee Confront the employee The escort will remain with the Member until the tests are complete. The escort will remain with the Member until the tests are complete. The escort will bring the tested Member back to the work site where proper arrangements will be set up for the tested Member to get home. The escort will bring the tested Member back to the work site where proper arrangements will be set up for the tested Member to get home. If the Member refuses, treat it as a positive test.
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72 Refer to the MAP Employees may have problems for which you cannot offer assistance… Employees may have problems for which you cannot offer assistance… REFER Use the interview as an opportunity to refer the Member to the MAP
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73 Commitment to Confidentiality Supervisors Supervisors Problems should only be discussed on a “need to know” basis Problems should only be discussed on a “need to know” basis If an Member chooses to disclose concerns to his/her coworkers that is his/her decision If an Member chooses to disclose concerns to his/her coworkers that is his/her decision
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74 Commitment to Confidentiality MAP MAP MAP is confidential resource MAP is confidential resource Contact and cooperation Contact and cooperation
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75 Recognize Your Limits Supervisors can control: Supervisors can control: approach and attitude approach and attitude preparation preparation presentation of concerns presentation of concerns feelings feelings setting setting time allocated time allocated
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76 Recognize Your Limits Supervisors cannot control Supervisors cannot control employee’s attitude employee’s attitude employee’s feelings employee’s feelings outcome of the interview outcome of the interview employee’s performance employee’s performance employee’s problems employee’s problems employee’s job security employee’s job security
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77 Follow-Up Accurate performance appraisals and fair treatment Accurate performance appraisals and fair treatment Time to adjust to doing things differently Time to adjust to doing things differently Respect for his or her privacy Respect for his or her privacy
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78 Follow - Up If you follow-up with an Member after a corrective action interview you convey two messages: If you follow-up with an Member after a corrective action interview you convey two messages: You are serious You are serious You are paying attention to the situation You are paying attention to the situation
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79 Do’s and Don’ts DO’S DO’S Take prompt action Take prompt action Use your resources Use your resources DOCUMENT DOCUMENT Refer Refer Focus on job performance and work place behavior Focus on job performance and work place behavior DONT’S –Ignore –Delay –Moralize –Enable –Give in –Diagnose –Rely on magic
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80 QUESTIONS
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