Multnomah County Drug and Alcohol Policy Training for

Multnomah County Drug and Alcohol Policy Training for Managers Jim Younger Drug and Alcohol Policy Coordinator Labor Relations Wayne Scott, MA, LCSW Human Resources Manager Talent Development Revised December 12, 2012 1

MODULE 1 Introductions and Objectives 2

Introductions ü Name ü Department ü Title ü Whether supervise CDL Holders 3

Introductions (continued) What do you want to get out of this class? 4

Class objectives Upon completion of this class, participants should be able to: ü Understand the purpose of the Alcohol and Drug Policy and the related labor contract issues ü Recognize the signs and symptoms of drug use and alcohol misuse ü Articulate the effects of drugs and alcohol on a person’s health, work, and personal life ü Explain key terms such as “under the influence, ” “reasonable suspicion, ” and “fitness for duty” ü Understand what steps supervisors and managers must take when they have reasonable suspicion of alcohol or drug use, or concerns regarding fitness of duty 5

True or False? In 2006, Oregon’s per capita drug use exceeded the national per capita average. 6

True or False? Oregon is listed as one of the top seven marijuanaproducing states in the country. 7

True or False? Methamphetmine is the fastest growing type of substance abuse, both nationally and in Oregon. 8

True or False? Most self-reported alcohol and drug abusers work full or part-time. 9

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

True or False? In studies of workplace substance use by industry, government employees had the highest rates of problem substance use. 11

True or False? Problem alcohol and drug use is significantly correlated with job dissatisfaction. 12

True or False? Unemployed people drink and/or use more. 13

True or False? Employees who work in organizations with clear prohibitive polices about drug and alcohol had lower rates of drug use and heavy drinking. 14

True or False? Among those aged 50 – 59, the rate of past month illicit drug use doubled (from 2. 7 percent in 2002 to 5. 8 in 2010). 15

True or False? Most people who would benefit from drug or alcohol treatment do not recognize that they have a problem. 16

MODULE 2 Multnomah County’s D & A Policy: Identifying and testing employees 17

Why do we have a policy? n Drug Free Workplace Act of 1988 n Safe and productive working environment n Public perception n Guidelines and consistency 18

The Rules n n n Non-Represented - PR 4 -50 Electrical Workers/Local 48 – Addendum D FOPPO – Addendum D Local 88 – Addendum H Juvenile Custody - Addendum D MCCDA – Article 12, Section 10 MCDSA – Article 11, Section H ONA – Addendum C Operating Engineers/701 – Addendum E Painters/Local 1094 – Addendum E Physician Union – PR 4 -50 19

Basic work rules Employees must not: n Possess, consume, manufacture, distribute, buy or sell drugs, drug paraphernalia, or alcohol on County premises or while off County premises doing County work n Distribute, dispense, or sell prescription medications (except if part of job duties) n Possess or consume medications without a valid prescription n Render themselves unfit to fully perform work duties because of the use of alcohol or illegal drugs or because of the abuse of prescription or non-prescription drugs 20

Where do the rules apply? Any drug and alcohol usage: n On County property or parking lots (owned or rented) n In County vehicles n While using County property n Anywhere while on duty 21

When can employees be tested? All employees may be tested: n Based on reasonable suspicion of being “under the influence” of alcohol or drugs n Before returning to work after testing positive for being under the influence n Randomly as provided for in a Last Chance Agreement (LCA) 22

When must CDL holders be tested? n Pre-employment n Random n Post-Accident n Reasonable Suspicion n Return to Duty 23

Under the Influence n Alcohol n Non-CDL holders -. 04% n CDL Holders -. 02% n Drugs – presence of controlled substances at or above the DOT levels for CDL holders n. Amphetamines n. Ecstasy n. Marijuana n Cocaine n. Opiates n Phencyclidine n. Acetylmorphin 24

Reasonable suspicion is a set of objective and specific observations or facts which lead a supervisor to suspect that an employee is under the influence of drugs, controlled substances, or alcohol. 25

Notice of Reasonable Suspicion n The supervisor should orally articulate the facts which form the basis for believing the employee is under the influence. n Upon request, and within forty-eight (48) hours of the oral determination, the supervisor shall provide the employee with the reasons for the reasonable suspicion in writing. 26

Supervisor training n Training: Only supervisors who have taken the County’s Drug and Alcohol Policy for Supervisors training have the authority to direct employees for testing on the basis of reasonable suspicion. n Lead Workers: Lead workers who have received the training are considered “supervisors” for the purposes establishing reasonable suspicion. 27

Supervisor consultation Except in field or shift circumstances which render contact difficult, no supervisor shall refer an employee for reasonable suspicion testing unless the supervisor has consulted with another supervisor regarding the grounds for the suspicion. 28

Taking the employee for testing n n Complete the Bio-Med Request for Drug and Alcohol Testing Form found on the Labor Relations MINT site Arrange to transport (for reasonable suspicion and postaccident testing) or direct the employee (for random and follow-up testing) to one of the below collection sites n Legacy Central Lab, 1225 NE 2 nd Avenue, (503) 413 -5000 ~OR~ n n Gresham Urgent Care, 2850 E Powell Valley Road, #100, (503) 924 -1388 It is not necessary to make an appointment for drug and alcohol screening between the hours of 8: 00 AM and 5: 00 PM. 29

After-Hours Testing: Holidays, Weekends, and Monday – Friday, 5: 00 PM – 8: 00 AM n n n Arrange to transport the employee to the Legacy Central Lab collection site [1225 NE 2 nd Avenue, (503) 413 -5000] On weekends only, you need to call first so that a staff member can be ready at the site when you arrive Legacy should have the County’s protocols on file, however, if needed, inform the collections person: n Whether the test is for reasonable suspicion, post-accident DOT, or random testing for a 24 -7 work unit. n The requested panel to test for is: n n n THC Cocaine Amphetamines n n Opiates PCP 30

Taking the employee for testing n Supervisors should accompany the employee to the testing site and make arrangements to transport the employee home. n Supervisors can take a County vehicle, their personal vehicle or arrange for a driver (i. e. taxi or shuttle service). n The employee is placed on paid administrative leave until the test results are received. 31

Cooperation with policy n Employees must not interfere with the administration of the policy; cannot taint or substitute urine sample, falsify information, or fail to cooperate with tests to determine the presence of alcohol or drugs. n Employees must respond fully and accurately to the MRO and authorize the MRO to contact their health care providers upon request. n Employees must provide within twenty-four (24) hours of request a current valid prescription in the employee’s name for any drug or medication which the employee alleges gave rise to reasonable suspicion of being under the influence of alcohol or drugs. 32

The MRO and test results n MRO issues test results to Labor Relations. n MRO makes three (3) attempts to contact employees to discuss positive test results before reporting results to the County. n MRO may change positive results to negative if the employee has a valid prescription that provides a medically legitimate reason for the test result (i. e. positive for Opiates and have a prescription for Morphine). 33

Employee appeals n Employees have five (5) days to file an appeal after receiving the results from Labor Relations. n The result of the retest is final. n Failure to appeal is deemed acceptance of the results. n Retests are limited to drug tests using the original specimen (“A” Bottle and “B” Bottle). n No appeals for breathalyzers; results are validated at the time of the test. n Retests are done at the employee’s expense. 34

What does problem substance use look like in the workplace? 35

Confronting Social Taboos, Avoiding Enabling Break into groups of 5 participants. Elect a recorder and someone to report out. Answer the following questions: n What are some of the social norms and barriers that prevent us from confronting an employee about substance use problems? n What are the negative consequences of confrontation? 36

Confronting Social Taboos, Avoiding Enabling What is ENABLING? What steps can managers take to avoid enabling? 37

MODULE 3 Fitness for duty 38

Employee fitness for duty responsibilities Employees must: n Educate themselves about the effects of their prescription and non-prescription medications. n Not render themselves unfit to fully perform work duties because of alcohol, illegal drugs, prescription and non-prescription drugs. n Not be absent due to usage unless a part of a rehab program while on FMLA/OFLA. 39

Fitness for duty and safety n Employees must notify their supervisor in advance, by completing the Drug and Alcohol Policy Notification Form, when their usage of medications may impair their ability to perform essential functions of their position that will result in a direct threat to themselves or others. n Employees who drive as a part of their job should report when they are taking any medication that may impair their ability to drive. n Supervisors must determine whethere is a safety risk; if unable to make determination then request information from health care provider or send employee for an independent medical exam. 40

Attendance standards Employees must not be absent from work because of the use of alcohol or illegal drugs or because of the abuse of prescription or non-prescription medications, except when absent to participate in a qualified assessment and rehabilitation program while on approved leave. 41

How are prescription drugs abused? n Using other people’s prescriptions n Out-dated prescriptions n Taking a larger dose than prescribed n Taking the drug for too long n Taking the drugs along with others 42

Points to Remember Employees should: n Understand medicines react differently with each person. n Talk to their health care provider about the effects medicines. n Tell their health care provider what other medicines they are already taking. n Read labels and insert sheets that come with most medicines. n Take the right dose at the right time by the right route of administration. n Never take someone else’s medicine. n Check the alcohol content of the medicine. 43

Module 4 Discipline and Last Chance Agreements 44

Weingarten rights n Employees have the right to union representation during investigatory interviews that could lead to discipline. n A drug and alcohol test is not an investigatory interview; therefore Weingarten rights do not attach. n If an employee asks for representation, do not ask any questions that could lead to discipline; a meeting can be scheduled for a later date. n Do not delay testing to wait for a union steward because alcohol metabolizes quickly; any delays could affect the test results. 45

Discipline n A positive test result for drugs and/or alcohol in violation of our policy is considered a terminable offense. n Non-probationary employees may be offered a Last Chance Agreement (LCA) in lieu of termination. n LCAs are not offered if there is any misconduct associated with the positive test result. n Employees are only eligible once for a LCA; repeat violations result in termination. n Certain duties imply a higher standard of accountability (i. e. law enforcement, working with minors, dispensing medications, CDL holders, etc. ). 46

Required treatment programs Employees must: n Complete any assessments or treatment programs that are required as part of a Last Chance Agreement (LCA) after violating the policy; failure to complete the program subjects the employee to further discipline, including termination; n Sign a waiver authorizing treatment providers to speak with HR to verify successful completion of treatment programs. 47

Testing employees on a LCA n Labor Relations uses a random date generator to schedule tests over a period of two (2) years. n Labor Relations will notify the supervisor on the day of the random test to direct the employee to testing. n Once an employee is notified s/he is directed to go to testing, the employee must do so immediately. n Supervisors do not need to accompany employees to the testing facility and employees are allowed to return to work pending the test results. n Supervisors should note the time the employee leaves for testing and the time that s/he returns from testing; supervisors may be required to provide this information to Labor Relations depending on the outcome of the test results. 48

Testing delays n If the employee is not at work on the day the supervisor is notified, or is working at another location, or if there is another significant reason why the supervisor is unable to send the employee to testing on that day, the supervisor may wait until the next time the employee is at work to direct him/her for testing. n If there is a delay in sending the employee to testing, supervisors should not let him/her know that s/he has been randomly selected until s/he is officially being instructed to go to the testing site. n Supervisors should let Labor Relations know of the testing delay and the reason for the delay. 49

Module 5 Other Drug & Alcohol Policy Issues 50

Violations of law Employees must disclose promptly (upon the next working day) to their supervisor: n All drug or alcohol related arrests, citations, convictions, guilty pleas, no contest pleas or diversions which resulted from conduct which occurred while on duty, on County property or in a County vehicle; n Any other violation of laws regulating the use of alcohol and controlled substances which adversely affects the employee’s ability to perform major job functions. 51

Gifts of Alcohol n Employees may bring alcohol to work in sealed containers for gift purposes. n Employees must notify their supervisor when bringing a gift of alcohol to work. 52

Medical documentation n Any documentation related to an employee’s dependency on drugs or alcohol, usage of prescription drugs, and drug and alcohol testing should be kept in confidential medical files in your department human resources office and Labor Relations. n Do not keep any medical information in supervisor files. 53

FMLA/OFLA and ADA n Employees who have a dependency on drugs and alcohol are encouraged to seek treatment. n Many employees who seek treatment will qualify for FMLA/OFLA. n Employees who have a dependency, have sought treatment (or are otherwise rehabilitated), and are no longer using are qualified individuals under the ADA; this may require reasonable accommodation to allow them to participate in group therapy and other treatment programs. 54

Tools for Confronting Problem Substance Use Do n Communicate clearly and honestly n Talk from your own observations n Focus on the facts and the specifics of the behaviors and actions n Remain objective and firm n Present plan 55

Tools for Confronting Problem Substance Use Don’t n Take the employee’s reaction personally n Get angry n Be accusatory n Blame, humiliate, or criticize the person n Talk to other co-workers (except for other managers) n Rescue the employee 56

Scenarios – Let’s Practice! 57

Scenario #1 Facts: A supervisor observes an employee smells like alcohol and consults with another supervisor who agrees there is reasonable suspicion the employee is under the influence. The employee is told she will be taken for testing and asked to wait at her desk. When the supervisor returns, the employee has left without being tested. Questions: 1. What are the policy violations? 2. Are the employee’s actions a terminable offense? 3. Should the County offer a Last Chance Agreement? Does it make a difference if the employee has 20 years of service? 4. Are there any other actions the supervisor should consider taking? 5. Could the supervisor have done anything different to change the situation? 58

Scenario #2 Facts: An employee is seen falling asleep at work on several occasions. The employee also seems confused and has difficultly processing information. The supervisor directs the employee to testing and the test results come back negative. Questions: 1. What actions should the supervisor take after receiving the negative test results? 2. What should the supervisor do if the employee discloses they are taking a prescription medicine that may have strong side effects? 3. If the employee states they are on the prescription medicine at the time the supervisor notifies them of the reasonable suspicion, should the supervisor still take the employee in for testing? 4. Do the answers to the above questions change if the employee has duties that involve occasional driving? 59

Scenario #3 Facts: A supervisor observes an employee smells like alcohol. The supervisor is unable to find another supervisor who has taken the Drug and Alcohol training to consult with. The supervisor has a prior history with the employee whereby the employee has accused the supervisor of treating her more harshly than other employees. Questions: 1. Should the supervisor take the employee in for testing even though there isn’t a second supervisor consultation? 2. How long should the supervisor wait before deciding whether to take the employee in for testing? 3. Since the reasonable suspicion is for alcohol, should the employee be tested for drugs as well? 4. What actions can the supervisor take to protect themselves from new allegations of mistreatment from the employee? 60

Scenario #4 Facts: A non-CDL holding employee has one beer at lunch off of County premises. He is 250 lbs and knows he can drink a beer without registering a. 04% BAC level. Questions: 1. Has the employee violated the County’s alcohol policy? 2. What if the employee was traveling in a County vehicle before and after lunch? 3. What if the employee was on a paid lunch period? 4. Are there other personnel rules that the employee may be violating? 5. What should the supervisor do if the employee returns to work smelling like alcohol, but states he has only consumed one beer and doesn’t appear to be under the influence? 61

Scenario #5 Facts: Staff report that one employee—a temporary worker— smells like alcohol and has slurred words and confusion. The supervisor investigates and believes that the employee smells like alcohol. Another trained supervisor is not available to consult until two hours later. When that supervisor meets with the employee, she does not smell alcohol or notice impaired speech. She does note that the employee is behaving erratically and is emotionally volatile. Questions: 1. How should the two supervisors resolve the discrepancy? 2. Is there reasonable suspicion to send the employee for testing? 3. Should temporary employees be treated differently because they are temporary employees? 4. Could this situation have been avoided? 62

County Resources n Drug and Alcohol Policy webpage on Commons n Employee Assistance Program n Department Human Resources Unit n Labor Relations 63