Handling of Situations INVOLVING Alcohol and/or Drug use

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[Audio] Hello and welcome. Thank you for joining us to learn more about Handling of Situations Involving Alcohol or Drug Use in the workplace.

Handling of Situations INVOLVING Alcohol and/or Drug use

Working Draft v5 September 9, 2021

September 2021

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[Audio] Please read the instructions on the screen to understand how to navigate through this material.

HOW TO NAVIGATE This presentation has audio narration Please use speakers or headset for this training. Boston Scientific To Print the slides for future reference, click on the 3 dots at the bottom of the presentation, then "Print" To watch and listen to a slide, click "Play" Click play to continue Slide To move forward, click "Next Slide" Next BRAINSHARK Otto 14 II 0042 2/10 Slid To see the attachments related to this material, "Attachment" Tab and click on the document to open it. ).ston . ABOUT THIS SESSION click on the To See the script while viewing the presentation, click on the "Script" icon at the bottom of the presentation. This session fcxuses on Handling of Situations Involving Alcohol and/or Dru Upn completion of this training, you are expected to: • Understand the Of how alcohol and drugs can aff«t • Appropriately evaluate signs. symptoms and behaviors Of employees who

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[Audio] This session aligns with our United States and Puerto Rico Drug and Alcohol Testing Policy for Applicants and Employees. Boston Scientific is firmly committed to ensuring a safe, healthy, productive, and efficient work environment for all our employees and ensuring product quality and patient safety. The unlawful or improper presence and use of Prohibited Substances in the workplace presents a danger to everyone in the workplace. The Company has a vital interest in preventing accidents and injuries that may result from alcohol or drug misuse. Our Policy prohibits individuals from working under the influence of alcohol or drugs. For more information, please refer to the policy. Links to the Policy and SOP as well as additional resources will be provided at the end. Upon completion of this training, you are expected to Understand how alcohol and drugs can adversely affect workplace safety and productivity; Appropriately identify and evaluate signs, symptoms and behaviors of individuals who may be under the influence of drugs or alcohol at work; and Understand the applicable policies, the required actions by supervisors and managers to support the policies, and the HR resources that can support you. Who should take this training: Supervisor or managers of any employee covered by this policy Human Resource Business Partners and People Services Security, Environmental Health and Safety personnel and Anyone else who is responsible for safety within the company Please take a moment to review the agenda here on this slide of topics we will cover in this session.

About This Session

This session focuses on Handling of Situations Involving Alcohol and/or Drug Use Upon completion of this training, you are expected to: Understand the importance of how alcohol and drugs can affect workplace productivity and safety Appropriately evaluate signs, symptoms and behaviors of employees who may be under the influence of drugs and/or alcohol at work Understand the applicable policies, the required supervisor/manager actions to support those policies, and the HR resources that can support you.

Our Agenda

Alcohol & Drug Use Overview  1

Potential Signs of Impairment 2

Potential Signs of Impairment 3

Key Takeaways & Resources 4

Reasonable Suspicion Testing 4

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[Audio] Alcohol and Drug use in the workplace is a serious issue that can impact productivity, absenteeism, turnover, morale, and the overall safety and health of employees. More than 70 percent of Americans suffering from alcohol or drug addiction are employed. You heard correctly. Statistics show that 1 in 7 Americans will succumb to addiction in their lifetime. Of these individuals, more than 70 percent are employed. Research shows there have been: Reported use of drugs on the job, Drugs adversely affected job performance, Drugs were sold from employee to employee, Substance abusers are 3 point 5 times more likely to be involved in accidents on the job and 5 times more likely to hurt themselves or others at work, and Employees had stolen from co-workers to support their drug habit. Not many may know that alcoholism causes 500 million lost workdays each year. The issue is addressed through comprehensive programs that often include a policy, education and training, testing, and access to treatment through Employee Assistance Programs or other resources. This is a win win for employers and employees. The good news is that Boston Scientific is proactive in its approach to handling these situations. By joining us here today, it allows us to discuss with you how to handle these situations should they arise. As supervisors and managers, it is your responsibility to: Maintain a safe, secure, healthy and productive environment for all employees, Evaluate and discuss job performance and expectations with employees, Treat all employees fairly, and Act in a manner that does not demean or label people consistent with our Code of Conduct and other policies. It is not your responsibility to: Diagnose drug and alcohol problems, Have all the answers, or Provide counseling or therapy.

Alcohol and drug use

More than 70% of Americans suffering from alcohol or drug addiction are employed.

Alcoholism causes 500 million lost workdays each year. When the issue is addressed by establishing comprehensive programs, which often include a policy, education and training, testing, and access to treatment through EAPs or other resources, it is a "win-win" situation for both employers and employees.

Good news is that BSC is proactive in its approach to handling these situations.

Alcohol and/or drug use in the workplace is a serious issue that impacts productivity, absenteeism, turnover, morale, and the safety and health of employees.

Statistics show that 1 in 7 Americans will succumb to addiction in their lifetime . Of these individuals, more than 70% of them will still hold a job and be employed.

As supervisors and managers, it is your responsibility to:

As supervisors and managers, it is not your responsibility to:

Maintain a safe, secure, and productive environment for employees,

Evaluate and discuss performance with employees,

Treat all employees fairly, and

Act in a manner that does not demean or label people.

Diagnose drug and alcohol problems,

Have all the answers, or

Provide counseling or therapy.

Research shows there have been: Reported use of drugs on the job, Drugs adversely affected job performance, Drugs were sold from employee to employee, Substance abusers are 3.5x more likely to be involved in accidents on the job and 5x more likely to hurt themselves at work, and Employees had stolen from co-workers to support their drug habit.

[https://www.samhsa.gov/workplace/legal/federal-laws]

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[Audio] Let's start here by defining Reasonable Suspicion that is defined as a suspicion of substance use ( alcohol and drugs) based on specific, objective observations that can be described clearly by a supervisor or manager. This is basically an assessment made by an objective person who reasonably believes or suspects that another person may be in violation of the United States and Puerto Rico Drug and Alcohol Testing Policy for Applicants and Employees. We will look to you, as a supervisor or manager, to help complete these assessments in these matters. Some of the demonstrable signs that an employee may be working while under the influence of drugs or alcohol may include the indications listed on this slide. Please take a moment to read the signs described here including Smell of substance on breath, body or clothes Stumbling or disorientation Visible needle marks on the body or bruising Drastic decline in work habit and job performance Note that not every observation has to be exhibited but based on observable signs and symptoms as you see listed here. Keep in mind that some medications can smell like alcohol, so use caution and never assume that the person is under the influence. When possible, it is very helpful to have another witness like another supervisor or manager to independently validate what you have observed as part of the overall process.

Potential signs of impairment

Extremely hyperactive or lethargic

Nausea, vomiting or excessive sweating

Smell of substance on breath, body or clothes*

Visible needle marks on the body or bruising

Unexplained bloodshot or watery eyes

Unexplained drastic weight loss or gain

Stumbling or disorientation

Drastic decline in work habits and performance

Sudden increase in absence and tardiness (pattern of Monday and Friday)

Some medications can smell like alcohol so use caution before assuming the person is under the influence*

Watch outs!

Some of the signs that an employee may be working under the influence of alcohol or drugs may include the following:

Reasonable Suspicion is suspicion of substance use (alcohol and other drugs) based on specific, objective observations that can be described clearly by a supervisor or manager.

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[Audio] Now that we have defined Reasonable Suspicion. What is Reasonable Suspicion Testing? Reasonable Suspicion Testing is testing that is conducted after there is reasonable cause for suspicion of using or being under the influence of drugs or alcohol while at work. It is testing used to rule out the use or influence of drugs and or alcohol while at work. It is Testing that is based on observable, first-hand signs and symptoms of drug and alcohol use. Testing conducted during a time when an individual exhibits those signs and symptoms. Testing not based on second-hand reports. A decision to test is made by two Supervisors or Managers who may concur that there is a reasonable suspicion that a policy violation has occurred. Here are just a few things to remember: Your job is not to diagnose a substance abuse problem, Your job is to make objective observations to validate the reasonable suspicion process, More than one indicator should be present for Reasonable Suspicion to exist. However, the smell of alcohol on the breath may be sufficient as a single indicator, and Once the reasonable suspicion process begins, you and the other supervisor or manager must complete it without interruption. Reasonable Suspicion Testing allows us to: Prevent harm in the workplace and employee injuries, Protect company property, and Decrease unwarranted costs associated with injuries, employee turnover, insurance, productivity issues, and absentees.

Testing based upon observable signs and symptoms of possible drug/alcohol use Testing conducted during a time when individual exhibits signs and symptoms Not based upon second-hand reports Decision to test made by direct supervisor and/or manager (require 2)

Your job is not to diagnose a substance abuse problem.

Your job is to make objective observations and perform the reasonable suspicion process.

More than one indicator should be present for reasonable suspicion to exist. However, the smell of alcohol on breath is sufficient as a single indicator.

Once the reasonable suspicion process begins, it must be completed without interruption.

THINGS TO REMEMBER:

Testing that is conducted after there is reasonable cause for suspicion of using or being under the influence of drugs or alcohol while at work.

What is “reasonable suspicion” testing?

Bell

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[Audio] Let's walk through some helpful tips to help you identify pertinent signs and symptoms when performing a Reasonable Suspicion assessment. The issue may present itself in a variety of ways in the workplace. Therefore, you should: Watch - for behavior that is not typical for a particular employee. What notable changes do you see? Be Aware – some physical impairments can cause impaired speech or an impaired gait or balance. Look – for changes in how someone is performing their work and behaving at work. Engage – engage another supervisor or manager confidentially to help you assess the situation and double-check your thinking on observations. Following these tips, think about the observations you and the other witness have made about the employee, ensuring the information you gathered objectively supports a Reasonable Suspicion Testing.  You will have to make a reasonable judgment about whether to proceed with an official request for the employee to be tested for drug and and or alcohol use in potential violation of our Company policy.  This will also include a discussion with People Services (where available) or Human Resources depending on the work shift and a conversation with the suspected employee about what has happened in the workplace. This will all need to be considered. Also be sure: That privacy is not violated, and That the testing is not done based on some discriminatory or other inappropriate basis prohibited by company policy.

Watch Watch for behavior that is not typical for a particular employee

Be Aware Be aware that some physical impairments can cause impaired speech or an impaired gait or balance

Look Look for changes in how someone is performing their work

Engage Ideally, engage another supervisor or manager to assess the situation and double-check your own thinking

DECIDE WHETHER INFORMATION SUPPORTS TESTING

Following the observations, you and the other supervisor or manager have made about the employee, a discussion with People Services (depending on the work shift) and following a discussion with the employee about what has happened in the workplace, one will then need to make a reasonable judgment about whether to proceed with a request for the employee to be tested for drug and/or alcohol use in potential violation of Company policy [link to policy and checklist will go here].

TIPS FOR IDENTIFYING SIGNS AND SYMPTOMS

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[Audio] Key Takeaways are: Alcohol and or Drug use in the workplace is a serious issue that impacts productivity, absenteeism, turnover, morale, and the safety & health of employees and others in the workplace. Reasonable Suspicion must be based on objective observations that can be described by a Supervisor or Manager. Your job is not to diagnose a substance abuse problem, but rather to make and memorialize objective observations that may support conducting the reasonable suspicion testing process. Ensure the information you gather is clear and reasonably supports testing an employee for potential drug and or alcohol use or influence.

Key takeaways

Alcohol and/or Drug use in the workplace is a serious issue that impacts productivity, absenteeism, turnover, morale, and the safety & health of employees.

Reasonable Suspicion must be based on objective observations that can be described by a supervisor or manager.

Your job is not to diagnose a substance abuse problem, but rather make objective observations before performing the reasonable suspicion process.

Ensure the information you gather supports testing for drug and/or alcohol use.

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[Audio] Here you will find some helpful alcohol or drug use resources with contact information.

Resource Specialty Contact Information EAP: Guidance Resources Employee Assistance Program (including family members of the employee) https://www.guidanceresources.com (US) You will need to create an account on GuidanceResources.com in order to log into the site. The Company Web ID for BSC is: EB3414X 866-812-5303 List of our global EAP partners ; services vary. Guide to Your Mental Health Coverage BSC programs available to assist you and your family https://secure.bscbenefitsconnect.com/us/includes/Guide_to_Your_Mental_Health_Coverage.pdf MyQHealth Identify in-network providers (UMR Plans ) http://www.bscmyqhealth.com/ 1-855-649-3857 Kaiser Insurance Vendor (CA only) http://my.kp.org/bostonscientific 800-464-4000 Teledoc Virtual Behavioral Health Care https://www.teledoc.com 1-800-835-2362

Alcohol or drug use resources

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[Audio] Here you will find additional resources which may also be found on our Policy Central SharePoint website.

Additional REsources

Employees should be informed that drug and alcohol use is also an issue of workplace safety and should report suspicions of drug and/or alcohol use by employees.

Relevant Policies on Policy Central:

Background Verifications: Policy No. 7-05

Background Verifications: Policy No. 7-05

Code of Conduct

Code of Conduct

Standards of Employee Conduct: Policy No. 3-01

Standards of Employee Conduct: Policy No. 3-01

Leaves for Medical and Family Purposes: Policy No. 4-03

Leaves for Medical and Family Purposes: Policy No. 4-03

Global Workplace Violence Prevention Policy

Global Workplace Violence Prevention Policy

Link to Policy Central: Policy Central - Home (sharepoint.com)

Link to Policy Central: Policy Central - Home (sharepoint.com)

To revisit to ensure policies link to what we put in the policy

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[Audio] To be directed to other videos related to this topic, click on one of the links on the screen.

3rd Shift

Example Situation: Morning Troubles

What’s next

EXAMPLE ONLY

Access additional videos on this subject here:

Process for Reasonable Suspicion Testing

Example Situation: 3 rd Shift Production

Example Situation: Sales Representative

See the source image

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We will create a video for process only. Then lead into the 3 different scenarios. Total of 5 videos.

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[Audio] Slide 1 – Opening In this video, we will examine the process for Reasonable Suspicion Testing, should it become necessary.

Process for Reasonable Suspicion testing

August 2021

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[Audio] Please read these instructions to understand how to navigate through the material.

HOW TO NAVIGATE This presentation has audio narration Please use speakers or headset for this training. Boston Scientific To Print the slides for future reference, click on the 3 dots at the bottom of the presentation, then "Print" To watch and listen to a slide, click "Play" Click play to continue Slide To move forward, click "Next Slide" Next BRAINSHARK Otto 14 II 0042 2/10 Slid To see the attachments related to this material, "Attachment" Tab and click on the document to open it. ).ston . ABOUT THIS SESSION click on the To See the script while viewing the presentation, click on the "Script" icon at the bottom of the presentation. This session fcxuses on Handling of Situations Involving Alcohol and/or Dru Upn completion of this training, you are expected to: • Understand the Of how alcohol and drugs can aff«t • Appropriately evaluate signs. symptoms and behaviors Of employees who

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[Audio] This session focuses on the Process for Reasonable Suspicion Testing at Boston Scientific Boston Scientific is firmly committed to ensuring a safe, healthy, productive, and efficient work environment for all our employees and ensuring product quality and patient safety. The unlawful or improper presence or use of Prohibited Substances in the workplace represents a danger to everyone. Prohibited Substances are defined as alcohol and or illegal Drugs, including prescription drugs used outside of a medical regimen supervised by a state-licensed physician or healthcare provider. The Company has a vital interest in preventing accidents and injuries resulting from alcohol or drug misuse. Our Policy prohibits anyone from working under the influence of alcohol or drugs. Who should take this training: Supervisor, Managers of any employee covered by this policy Human Resource Business Partners and People Services Security, Environmental Healthy and Safety Anyone else who is responsible for general safety within the company

About This Session

This session focuses on Handling of Situations Involving Alcohol and/or Drug Use by Understanding the Process for Reasonable Suspicion Testing Upon completion of this training, you are expected to: Understand the process required by you as the supervisor/manager by understanding the role you play and your responsibilities. Appropriately evaluate signs, symptoms and behaviors of employees who may be under the influence of drugs and/or alcohol at work Understand the applicable policies, required supervisor/manager actions to support those policies, and the HR resources that can support you.

Our Agenda

The Process 1

Observation Checklist 2

Testing 3

Key Takeaways & Resources 4

Tips for Talking with the Employee 4

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[Audio] As a Supervisor and or Manager, BSC relies on you to play a key role because: You are the person who has primary responsibility for communicating company policy concerning drugs and alcohol. You are in the position to monitor your employees' daily performance on a regular basis. It is for this reason, that you are the one who will most likely be the one to notice the kind of behavior that indicates a possible drug and or alcohol usage. Your position also allows you to impress upon employees the seriousness of drug and or alcohol usage as they relate to the workplace. There are numerous negative impacts to the workplace as a result of alcohol or drug use. They include employee safety, work productivity, lost wages, property damage and other non-recoverable losses.

Supervisors/managers: You Play a Key Role

As a S upervisor and/or Manager, BSC relies on you to play a key role because: You are the person who has primary responsibility for communicating company policy concerning drugs and alcohol. You are in the position to monitor your employees’ daily performance on a regular basis. It is for this reason, that you are the one who will most likely be the one to notice the kind of behavior that indicates a possible drug and/or alcohol usage . Your position also allows you to impress upon employees the seriousness of drug and/or alcohol usage as they relate to the workplace. There are numerous negative impacts to the workplace as a result of alcohol or drug use. They include employee safety, work productivity, lost wages, property damage and other non-recoverable losses.

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[Audio] As a Supervisor and or Manager, it is your responsibility to: Maintain a safe, secure and productive work environment for employees Evaluate and discuss job performance with employees To help identify substance abuse problems in the workplace and intervene when required Act in a manner that insures for equal, consistent, and fair treatment of employees Take necessary corrective and disciplinary actions when performance or conduct problems surface Be thoroughly prepared before confronting an employee about work problems that may be due to alcohol or drug abuse Properly document all activity concerning employee performance and or work-related issues Work with People Services (where available) and or Human Resources to ensure process is followed and completed. When an employee begins to show a consistent pattern of  unacceptable behavior, you must take action. Focusing on pertinent job performance expectations, even when you think the issues may be caused by substance use, will allow you to balance the following: The rights of the individual employee to privacy and fair treatment. The rights of the work group to a safe, secure and productive environment.

Supervisors/managers: Your responsibility

As a S upervisor and/or Manager, it is your responsibility to: Maintain a safe, secure and productive work environment for employees Evaluate and discuss job performance with employees To help identify substance abuse problems in the workplace and intervene when required Act in a manner that insures for equal, consistent, and fair treatment of employees Take necessary corrective and disciplinary actions when performance or conduct problems surface Be thoroughly prepared before confronting an employee about work problems that may be due to alcohol or drug abuse Properly document all activity concerning employee performance and/or work-related issues Work with People Services and Human Resources to ensure process is followed and completed.

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[Audio] By policy, the Company may, at its sole discretion, administer Reasonable Suspicion alcohol and drug testing if one reasonably believes an individual may possess or be under the influence of prohibited substances at work and or on Company property What is the process for Reasonable Suspicion Testing and what does it entail? The reasonable suspicion drug or alcohol testing process involves two individual witnesses – supervisor and or manager. We will talk about observing specific indications and documenting any observed behavior. You will learn about providing notification to a suspected individual. We will discuss what happens when the employee either consents to the testing or refuses or is unable to consent to the testing. We will share information about the specimen collection process. We will discuss how we transport a suspected individual to a testing facility and how that individual may be sent home from work. And finally, we will discuss the importance of notifying People Services (where available), or Human Resources and how test results are reported and kept confidentially.

What is the process?

What is the process for Reasonable Suspicion Testing and what does it entail?

People Services/ Human Resource Notification

Transportation

Observation/Documentation (2 individuals – supervisor and/or manager)

Notification to individual

Consent or Refusal to consent

Specimen Collection

If non-consent to testing: Transportation home ? ?

If consent to testing: Transportation to Testing Test Results Next Steps depending on outcome

Test Results

Work in Progress Option 1 original

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[Audio] By policy, the Company may, at its sole discretion, administer Reasonable Suspicion alcohol and drug testing if one reasonably believes an individual may possess or be under the influence of prohibited substances at work and or on Company property Reasonable suspicion testing requirements are designed to keep impaired employees from injuring themselves or others.  The process includes five steps: What is the process for Reasonable Suspicion Testing and what does it entail? Step 1: Observe You witness unusual characteristics or behaviors by an employee you supervise. Examples such as odor of alcohol on the body or breath; slurred speech or unsteady standing or walking. Step 2:  Confirm Confirm that the employee's behavior tha you observed such as appearance, speech or body odor is consistent with signs or symptoms of alcohol or drug impairment. Step 3:  Document Objectively document your observations of the employee's behavior, appearance, speech or body odor and ensure additional witness of another Supervisor and or Manager. Leverage the Reasonable Suspicion Acknowledgement Form found under Additional Resources here in this training. Step 4:  Review Address your observations with the employee, explaining why you will require a drug and or alcohol testing. Do so in a private setting. Step 5:  Test Direct the employee to undergo testing and the off-site testing will be required, and how transportation will be arranged for the employee for their safety.

What is the process?

What is the process for Reasonable Suspicion Testing and what does it entail?

Test 5

Review 4

Observe 1

Confirm 2

Document 3

Work in Progress Option 2

By policy, the Company may, at its sole discretion, administer Reasonable Suspicion alcohol and drug testing if one reasonably believes an individual may possess or be under the influence of prohibited substances at work and or on BSC property

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[Audio] Let's now go through the process in a bit more detail. Testing for Reasonable Suspicion begins when a supervisor becomes aware or has reason to believe that an individual may be in violation of the United States and Puerto Rico Drug and Alcohol Testing Policy. This awareness may come from their first-hand observations or from a verbal or written report from a third party. When a supervisor becomes aware that an individual may be in violation of the Policy, the Supervisor and or Manager must observe the individual's behavior first-hand and immediately complete the Reasonable Suspicion Testing Checklist. A link to the checklist is found here in this material. This checklist is used to determine and document reasonable suspicion of a potential violation of drug or alcohol use in the workplace. It is advised that the supervisor and or manager observing the behavior includes another supervisor and or manager to witness and each complete a checklist. In addition, ensure you review the Policy and SOP to be in compliance with our procedures. When evaluating a situation, you must review the total picture - Do you see more than one of these signs or indications? Have several instances occurred over a period of time? Is there a progression to the signs and or symptoms displayed by the employee? If, after observing the individual, the supervisor and or manager believes there is cause to believe the individual may be in violation of the Policy, the supervisor must contact their manager. If the manage is unavailable, another witness must be utilized. This could include another Supervisor and or Manager, or People Services (where available) or a Human Resource professional. The second witness must also observe first-hand the individual's behavior and complete a copy of the Reasonable Suspicion Testing Checklist. Both the Supervisor and or Manager and additional witness must be involved in all steps of the process and fully document the events immediately. If both supervisor and or manager and the witness believe the individual is in violation of the United States and Puerto Rico Drug and Alcohol Testing Policy for Applicants and Employee, the Supervisor and or Manager and the witness must escort the individual to an area where a conversation with the individual can be held in private. This is where the notification process comes in to play directly with the individual potentially in violation of the Policy. Once this conversation has been completed and the Acknowledgement Form has been presented – requesting consent can be asked by stating something along these lines: At this time [Go through slide above]

Observation Checklist Overview

With the other supervisor and/or manager present, meet privately with the employee to discuss the observations. Focus the discussion on the employee’s ability to perform the job, his or her behavior and or any other observations. Do not tell the employee there is a suspicion that he or she is under the influence of alcohol or other drugs. Give the employee a chance to explain why his or her ability to perform the job, or behavior and or observations suggest a concern. Let the employee know BSC is concerned for their health and safety. Explain under U.S./P.R. Drug and Alcohol Policy for Applicants and Employees they must undergo go drug and alcohol testing at BSCs expense. If employee believes medication or any other circumstances have affected his or her performance, encourage him or her to report that to the specimen collector when the employee goes in for a drug test.

Have the employee read then sign the Acknowledgement Form for Drug and Alcohol Testing. The acknowledgement form must be signed prior to testing. Give employee a copy of the acknowledgement form. Keep signed copy of the consent form to place in employee file (send to PeopleServices/HR Service Center (HRSC))

Keep in mind the following: Unless the employee needs urgent medical care, the specimen collection for drug and alcohol testing should take place as soon as possible. BSC personnel should not witness the drug and alcohol collections.

The direct Supervisor needs to explain to the employee that they will not be allowed to return to work until all of the following have been met: The drug test results have been reported to Boston Scientific. If the employee tests positive, an EAP assessment will be conducted, and next steps will be determined.

Initiate drug and alcohol specimen collection according to the local process.

Ensure safe transportation of the employee to the drug testing facility and to their home after the collection of the specimen.

Include link to checklist.

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[Audio] Before we continue to take you through the process further, let's guide you here with a sample script to help you as you go through some of the instances we will share later on. You may be asking yourself "what should I say to the employee?" Facing an employee who you suspect may be under the influence of drugs or alcohol is never easy.  But, the task is your responsibility, from both a regulatory and safety standpoint. Acting on suspicious employee behavior saves lives. Here are several tips you can use to ease the situation: Always approach the employee in a private setting as to avoid a public scene and maintain confidentiality. Be objective when communicating what you have observed.  Use statements like, "Your speech is slurred or I smell alcohol on your breath." Speak in a calm voice and maintain your composure.  Remember, you want to keep control of the situation. Once you communicate the observations, ask non-threatening questions.  Try something like, "Is there anything you would like to share?" Try using the term evaluation versus test. Keep in mind that some medical conditions can mimic the signs or symptoms of drug/alcohol impairment. Remember to be respectful and keep an open mind about the situation. You're trying to collect information that will help make a determination. Be mindful if this is someone with similar prior instances and be cautious as you go into the conversation. If a third-party accuses or makes a report about someone being under the influence, you should not immediately assume that the reporting employee is right. You should leverage the process covered in the example scenarios in the following videos found on this site. When it comes down to it, employee safety doesn't have to be hard. Use the above techniques when approaching an employee under the reasonable suspicion process and you'll make this 'difficult' task much easier. Take a moment to read this slide of a sample script to give you an idea of what to say or ask.

TIPS FOR TALKING WITH THE EMPLOYEE

Helpful Tips

Be respectful!

Sample script:

We are meeting with you because of concerns that you may be under the influence of drugs or alcohol in violation of United States and Puerto Rico Drug and Alcohol Testing Policy.

We have observed your speech as slurred; we smell the odor of alcohol on your breath, your eyes are blood shot, and your walking appears unsteady.

Are you currently under the influence of drugs or alcohol? If the employee says ”yes” – ask for explanation/ask, follow up questions. If the employee says “no” – ask if there is additional information, they have to share about the concerns you've raised?

I moved this to the “What is the process section / video.

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[Audio] This is a copy of the Reasonable Suspicion Testing Checklist as part of the Acknowledgement Form??? A copy can also be found under Additional Resources found at the end of this training video.  Please ensure you take a moment to familiarize yourself with it.  

OBSERVATION Checklist form

Put image of checklist here

My supervisor’s reasonable suspicion regarding allegation (select all those that apply): Apparent disorientation or confusion; eyes unfocused Erratic or unusual behavior Inability to complete or difficulty completing routine tasks or following simple direction Inability to remain alert Odor of alcohol on the body or breath Reduced reaction time Slurred speech Tremors or shakiness Unsteady standing or walking Uncoordinated movements, or abnormally slow or hyperactive movements

May not need this slide.

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[Audio] Let's go in to Testing If the Employee Consents to Testing: The Supervisor or Manager continues to initiate the process to Accurate (external vendor) and to People Services (where available) or Human Resources of the individual suspected of being in violation of the Drug and Alcohol Testing Policy and that the suspected individual will be transported to the location for a drug or alcohol test screening.   ADD REST OF THE PROCESS HERE. If the Employee Refuses Testing:

Observation Checklist: testing

Employee Consents to Testing

When asking an employee to consent to the testing requirement make sure they understand the following:

BSC will cover the expenses of transportation and the required testing.

They may be subject to disciplinary action up to and including termination if they refuse to be tested.

They will be placed on leave until further notice if they refuse to be tested.

We will make arrangements for safe transportation to the testing location and to their home.

Employee Refuses Testing

When asking an employee to consent to the testing requirement make sure they understand the following:

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[Audio] Keep just a few more things in mind. Remember: Keep written records that objectively document reasonable suspicion and questions about an employee's fitness for duty. Know your employees Become familiar with signs indicative of reasonable suspicion or an employee being unfit for duty. Document job performance regularly, objectively and consistently for all employees. Take action whenever job performance fails. Know the steps to take when an employee has a problem and is ready to go for help. Communicate immediately with People Services (where available) or Human Resources when you suspect a problem with an employee. Have a witness (another Supervisor or Manager) to your action when confronting an employee.

See the source image

Keep written records that objectively document reasonable suspicion and questions about an employee’s fitness for duty. Know your employees Become familiar with signs indicative of reasonable suspicion or an employee being unfit for duty. Document job performance regularly, objectively and consistently for all employees. Take action whenever job performance fails. Know the steps to take when an employee has a problem and is ready to go for help. Communicate immediately with your supervisor and/or director or HR when you suspect a problem with an employee. Have a witness to your action when confronting an employee.

REMEMBER

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[Audio] Key Takeaways Dealing with a one-time situation is different than when an employee has had multiple, documented occurrences of prohibited substance use or influence while on the job. These situations don't come up often but when they do it's important to act quickly. Each situation should be managed on a case-by-case basis. People Services (where available), Human Resources, and Employee Relations are available to assist you. Employee Relations will involve Legal, as appropriate. Substance use can still violate the United States and Puerto Rico Drug and Alcohol Testing Policy for Applicants and Employees even if it has been legalized under state law.

Key takeaways

Dealing with a one-time situation is different than when an employee has had multiple occurrences of substance use on the job.

These situations don’t come up often but when they do it’s important to act quickly.

Each situation should be managed on a case-by -case basis. People Services (where available), Human Resources, and Employee Relations are available to assist you.

Employee Relations will involve Legal, as appropriate.

Substance use can still violate the U.S./P.R. Drug and Alcohol Policy for Applicants and Employees even if it has been legalized under state law.

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[Audio] Here you will find alcohol or drug use resources with contact information.

Resource Specialty Contact Information EAP: Guidance Resources Employee Assistance Program (including family members of the employee) https://www.guidanceresources.com (US) You will need to create an account on GuidanceResources.com in order to log into the site. The Company Web ID for BSC is: EB3414X 866-812-5303 List of our global EAP partners ; services vary. Guide to Your Mental Health Coverage BSC programs available to assist you and your family https://secure.bscbenefitsconnect.com/us/includes/Guide_to_Your_Mental_Health_Coverage.pdf MyQHealth Identify in-network providers (UMR Plans ) http://www.bscmyqhealth.com/ 1-855-649-3857 Kaiser Insurance Vendor (CA only) http://my.kp.org/bostonscientific 800-464-4000 Teledoc Virtual Behavioral Health Care https://www.teledoc.com 1-800-835-2362

Alcohol or drug use resources

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[Audio] Here you will find additional resources found on our Policy Central Sharepoint website.

Additional REsources

Employees should be informed that drug and alcohol use is also an issue of workplace safety and should report suspicions of drug and/or alcohol use by employees.

Relevant Policies on Policy Central:

Background Verifications: Policy No. 7-05

Background Verifications: Policy No. 7-05

Code of Conduct

Code of Conduct

Standards of Employee Conduct: Policy No. 3-01

Standards of Employee Conduct: Policy No. 3-01

Leaves for Medical and Family Purposes: Policy No. 4-03

Leaves for Medical and Family Purposes: Policy No. 4-03

Global Workplace Violence Prevention Policy

Global Workplace Violence Prevention Policy

Link to Policy Central: Policy Central - Home (sharepoint.com)

Link to Policy Central: Policy Central - Home (sharepoint.com)

To revisit to ensure policies link to what we put in the policy

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We will create 3 new videos to cover each scenario. Video 1

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[Audio] Take a moment to read the situation you see here about George, a Customer Service Rep who has been with the company for 8 years.

Example situation: morning troubles

Name: George Designation: Customer Service Representative Years in company: 8 years

Situation:

George is an hourly customer service representative who has been an employee for eight years. To HR’s knowledge, George has always been a solid performer and has never been on any corrective action for performance, attendance or conduct issues. 1

Today, George arrived over an hour late . When Sally, George’s supervisor met with George to discuss why he was late, George advised that he had “overslept” and did not have a rationale as to why he overslept. 2

During this meeting Sally smelled alcohol on George’s breath and noticed that he did not appear to be “himself.” He was slurring his words, he lacked eye contact and his eyes were red and appeared dilated. 3

Sally comes to you (Human Resources or People Services) frantically to explain the situation and to get advice on what to do next. 4

ROLE PLAY

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[Audio] What are the next steps? The steps that are included are the steps we had in the training previously. For example, the first step about letting George know that since he is unable to work, we are going to arrange for him to be transported home needs to be updated. If George is on 1st shift or the early part of 2nd shift, we would arrange for transportation to the drug testing center and not home. After he takes the test, we will then need to arrange for transportation to his home from the testing center. If this occurs after 5 pm on 2nd or 3rd shift, the testing centers won't be open so we will need to arrange for transportation home, then arrange for transportation to the testing center the next morning and then to their home. As for EAP, we need to determine if the EAP management referral will still be a requirement depending on what we learn from the drug test. These are all the things we need to talk through with Anna and Jenn from PS and the ER team. We will also need to involve Jodi from benefits regarding EAP.

Scenario discussion guidance

Questions that you might ask George after speaking with another supervisor, Human Resources, or People Services :

I notice an odor coming from you that smells like alcohol. Why might that be?

If George says nothing or is vague, then ask if he has been drinking alcohol.

Is there a family member or health care professional that you will be able to speak with when we send you home today? (If not, determine the specific support needs for George upon being sent home.)

Next steps:

Let George know that since he is unable to work, you are going to arrange for him to be transported home and/or to the drug testing location (determine by site/shift). {UPDATE WITH STEPS – IE SHIFTS, ETC] We still need to include the requirement of a drug test in this scenario. We would have them go in for a drug test and get the result before involving EAP.

If test results are “positive ” People Services or Human Resources to contact EAP and use the management referral process. Let EAP know you are referring an employee for suspicion of alcohol use. Request that EAP provide a recommendation on next steps after their assessment of George. Depending on what they share and whether outpatient or inpatient care is being recommended, we can then determine if he should be allowed to return back to work. Typically, we pay the employee (administrative leave) while the situation is being assessed.

People Services or Human Resources will call the employee the next day, refer him to Guidance Resources (EAP) and explain that he must go through an assessment with EAP prior to returning to work.

People Services or Human Resources should inform Employee Relations who will determine if legal and /or security should be involved, depending on the situation.

I noticed you slurring your words [Note: mention whatever behavior you have observed]. Do you know what that might be from?

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We will create 3 new videos to cover each scenario. Video 2

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Example situation: 3rd Shift Production

Name: Sarah Title: Production Employee - 3rd Shift Years in company: 3 years

Situation:

Sarah is an hourly Production Employee who has been an employee for 3 years. To HR's knowledge, Sarah has been struggling in some performance areas. Her supervisor has been coaching Sarah to help support to be successful in her role.  1

Today, another team member approached the 3rd Shift Supervisor wondering if he knew Sarah's location as the team had not seen her on the floor for 2 hours. The Supervisor had not been made aware that Sarah was leaving the floor, so he started to search throughout the Production floor to locate her. Sarah was not on the Production floor. 2

The Supervisor found Sarah sleeping in a conference room and noticed the smell of alcohol in the room. The Supervisor had a hard time waking Sarah up and noticed her eyes were red and she was slurring her words.  3

(would want to insert the correct process for what an off-shift supervisor should do for next steps) 4

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Scenario next steps

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Since she was under the influence of marijuana and still may be, Jodi’s manager is going to attend her meetings on Friday morning, and we will instruct her not to do any work for the remainder of the day.

If test results are “positive “ People Services (where available) or Human Resources to provide Jodi with the Guidance Resources (EAP) contact information and explain that she is required to give them a call this same day (unless she has a medical marijuana card and then People Services or Human Resources contacts Employee Relations). Explain to Jodi that she must go through an assessment with EAP prior to returning to work.

People Services (where available) or Human Resources to contact EAP and use the management referral process. Let EAP know that you are referring an employee for suspicion of drug use. Request that the EAP provide a recommendation on next steps after their assessment of Jodi. Depending on what they share and whether outpatient or inpatient care is being recommended, we can then determine if she should be allowed to return to work. Typically, we pay the employee (administrative leave) while the situation is being assessed.

Once Jodi returns to work, she should receive Written Corrective Action for violating the Drug and Alcohol Policy. This is a first-time incident for Jodi, and she has not had any prior corrective action.

Every situation needs to be documented and handled on a case-by-case basis and should involve Employee Relations who will involve Legal, as needed.

Add a step for the Drug Testing – 2 nd bullet?

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We will create 3 new videos to cover each scenario. Video 3

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Example Situation: Why is it Your Business? It’s Legal

Name: Jodi Designation: Sales Representative Years in company: < 12 months

Situation:

Jodi is a Sales Representative who has been with the Company less than a year. Her supervisor, Monique, is still evaluating her performance because she is still so new. 1

The Sales team was entertaining health care providers at a recent Thursday evening off-site, after hours event that Jodi attended in Massachusetts. 2

During this event, employees witnessed Jodi smoking marijuana with some of the other attendees at the venue. The next morning Jodi had scheduled business to do on behalf of BSC. Note: Recreational marijuana use is legal in Massachusetts. 3

On Friday morning, other employees who were present at the off-site event reported to People Services that they saw Monique smoking marijuana on Thursday evening. People Services immediately contacts Employee Relations about the situation. 4

ROLE PLAY

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Scenario next steps

Since she was under the influence of marijuana and still may be, Jodi’s manager is going to attend her meetings on Friday morning, and we will instruct her not to do any work for the remainder of the day.

If test results are “positive “ People Services (where available) or Human Resources to provide Jodi with the Guidance Resources (EAP) contact information and explain that she is required to give them a call this same day (unless she has a medical marijuana card and then People Services or Human Resources contacts Employee Relations). Explain to Jodi that she must go through an assessment with EAP prior to returning to work.

People Services (where available) or Human Resources to contact EAP and use the management referral process. Let EAP know that you are referring an employee for suspicion of drug use. Request that the EAP provide a recommendation on next steps after their assessment of Jodi. Depending on what they share and whether outpatient or inpatient care is being recommended, we can then determine if she should be allowed to return to work. Typically, we pay the employee (administrative leave) while the situation is being assessed.

Once Jodi returns to work, she should receive Written Corrective Action for violating the Drug and Alcohol Policy. This is a first-time incident for Jodi, and she has not had any prior corrective action.

Every situation needs to be documented and handled on a case-by-case basis and should involve Employee Relations who will involve Legal, as needed.

Add a step for the Drug Testing – 2 nd bullet?

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Writing an appointment on a paper agenda

Additional slides “not needed right now” I WILL REMOVE

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[Audio] Testing for reasonable suspicion begins when a supervisor becomes aware or has reason to believe that an individual may be in violation of the drug-free workplace policy. This awareness could come from first hand observations or from a specific report from a third party. When a supervisor becomes aware that an individual may be in violation of the policy, the supervisor must observe the individual's behavior and immediately complete a copy of the Reasonable Suspicion Testing Checklist. If, after observing the individual, the supervisor believes there is reasonable suspicion the individual may be in violation of the policy, the supervisor must contact his or her manager. If the manager is unavailable, another witness must be utilized. This could include another supervisor, manager, or human resources professional. The second witness must also observe the individual's behavior and complete a copy of the Reasonable Suspicion Testing Checklist.

Observation/Documentation

When feasible, People Services or Employee Relations ???? may need to be contacted - ???

When a supervisor is notified an individual may be in violation of the Drug-Free Workplace Policy, the supervisor must observe the individual’s behavior and immediately complete the Reasonable Suspicion Testing Checklist. 1

If the supervisor believes there is reasonable suspicion the individual may be in violation of the policy, the supervisor must contact their manager (if unavailable, another witness such as a supervisor, manager, or human resource professional must be utilized). 2

The second witness must also observe the individual’s behavior and complete a separate Reasonable Suspicion Testing Checklist. 3

After completing the Reasonable Suspicion Testing Checklist, if the supervisor and witness believe the individual may be in violation of the policy, the supervisor and witness must escort the individual to an area where a conversation with the individual can be held in private. 4

There are a few slides that are duplicate so I think we need to look at which ones to include in the deck but I like this as one of them. This is more around the process once we get the checklist finalized.

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Safely remove employee from the work location or area if there are imminent safety concerns.

If there is a concern that the employee is showing signs or symptoms that may be due to a medical condition, follow the local process to arrange for emergency medical care.

Contact another supervisor or manager. If another supervisor or manager is not available contact local security.

Complete and sign the Supervisor Observation Checklist for reasonable suspicion/impairment.

Steps for Supervisor / Manager’s:

Situations where an employee may be under the influence of drugs or alcohol

Talk to the employee and document the observations of impairment or factors creating a reasonable suspicion of using the checklist. If both supervisors agree that the person is showing signs of impairment, follow local procedure to obtain drug and alcohol testing. For the remainder of the process, ensure that a supervisor stays with the employee until the employee is safely transported home. Keep a copy of the signed supervisor checklist for reasonable suspicion/impairment. If both supervisors do not agree, contact People Services, if available, or someone from management for advice on what to do next.

Add to / Move to Checklist portion of slides.

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Notification to Individual

EXAMPLE “At this time, we believe you are in violation of the Drug-Free Workplace Policy and are requesting that you submit to a reasonable suspicion drug/alcohol test. This test will involve screenings to detect the presence of alcohol or drugs in your system. A positive test could result in corrective action, up to and including termination of your employment. Please read this consent form and sign in the appropriate area to indicate either your consent to or your refusal to the test. Failure to submit to and/or complete this testing may lead to corrective action, up to and including termination of your employment.”

If both supervisor and witness believe the individual is in violation of the Pre-Employment/Employee Drug and Alcohol Policy:

Ask individual to submit to a reasonable suspicion drug/alcohol test

Inform employee they believe the individual is in violation of the policy

Ask individual to sign and complete the Reasonable Suspicion Testing Acknowledgement Form indicating the individual’s consent or refusal to the screening Both supervisor and/or manager and witness will document the conversation (including a note if the individual declined to comment).

We will keep this slide. Part of Process.