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Handling of Situations INVOLVING Alcohol and/or Drug use

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BRAINSHARK
Otto
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ABOUT THIS SESSION
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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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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.

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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,

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

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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Smell of substance on breath, body or clothes*

Visible needle marks on the body or bruising

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*

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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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.

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?

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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].

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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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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

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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.

Background Verifications:  Policy No. 7-05

Standards of Employee Conduct: Policy No. 3-01

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

Global Workplace Violence Prevention Policy

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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Access additional videos on this subject here:

Example Situation: 3 rd  Shift Production

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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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Process for  Reasonable Suspicion testing

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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.

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

People Services/ Human Resource Notification

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

If non-consent to testing: Transportation home ? ?

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

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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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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.

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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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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

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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.

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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.

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

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

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

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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.)

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

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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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

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

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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.

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Additional slides  “not needed right now” I WILL REMOVE

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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.

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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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).

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