Transcript True or False? - Multnomah County

Multnomah County
Drug and Alcohol
Policy Training
Jim Younger
Drug and Alcohol
Policy Coordinator
Labor Relations
Kitty Miller
Training Manager
Talent Development
Learning Objectives
Upon completion of this class, participants should
be able to:
 Understand Multnomah County’s Alcohol and
Drug Policy;
 Explain key terms such as “under the influence,”
“reasonable suspicion,” and “fitness for duty;”
 Recognize the signs and symptoms of problem
substance use in the workplace;
 Identify resources for counseling and treatment.
True or False?
In 2006, Oregon’s per capita
drug use exceeded the
national per capita
average.
True or False?
Oregon is listed as one of
the top seven marijuanaproducing states in the
country.
True or False?
Methamphetmine is the
fastest growing type of
substance abuse, both
nationally and in Oregon.
True or False?
Most self-reported
alcohol and drug abusers
work full or part-time.
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.
True or False?
In studies of workplace
substance use by industry,
government employees had
the highest rates of problem
substance use.
True or False?
Problem alcohol and
drug use is significantly
correlated with job
dissatisfaction.
True or False?
Unemployed people
drink and/or use more.
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.
True or False?
Most people who would
benefit from drug or
alcohol treatment do not
recognize that they have
a problem.
Why do we have a policy?
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Drug Free Workplace Act of 1988
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Safe and productive working environment
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Public perception
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Guidelines and consistency
The Rules
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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
Basic work rules
Employees must not:
 Consume, possess, or manufacture illegal drugs or drug
paraphernalia while on County premises or while off County
premises doing County work
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Consume or possess alcohol while on County premises or while off
County premises doing County work (note: exception for gifts)
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Distribute, dispense, or sell prescription medications (except if part
of job duties)
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Possess or consume medications without a valid prescription
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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
Where do the rules apply?
Any drug and alcohol usage:
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On County property or parking lots (owned or
rented)
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In County vehicles
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While using County property
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Anywhere while on duty
When can employees be tested?
All employees may be tested:
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Based on reasonable suspicion of being “under
the influence” of alcohol or drugs
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Before returning to work after testing positive
for being under the influence
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Randomly as provided for in a Last Chance
Agreement (LCA)
When must CDL holders be tested?
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Pre-employment
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Random
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Post-Accident
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Reasonable Suspicion
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Return to Duty
Under the Influence
 Alcohol
 Non-CDL
holders - .04%
 CDL Holders - .02%
 Drugs
– presence of controlled substances at
or above the DOT levels for CDL holders
THC
PCP
Cocaine
Ethanol
Opiates
Amphetamines
Reasonable suspicion
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
Notice of Reasonable Suspicion
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The supervisor should orally articulate the
facts which form the basis for believing the
employee is under the influence
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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
What does problem
substance use look like in
the workplace?
Physical Signs
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Loss of appetite, increase in
appetite, any changes in
eating habits, unexplained
weight loss or gain.
Slowed or staggering walk;
poor physical coordination.
Inability to sleep, awake at
unusual times, unusual
laziness.
Red, watery eyes; pupils
larger or smaller than usual;
blank stare.
Cold, sweaty palms; shaking
hands.
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Puffy face, blushing or
paleness.
Smell of substance on breath,
body or clothes.
Extreme hyperactivity;
excessive talkativeness.
Runny nose; hacking cough.
Needle marks on lower arm,
leg or bottom of feet.
Nausea, vomiting or
excessive sweating.
Tremors or shakes of hands,
feet or head.
Irregular heartbeat.
Behavioral Signs
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Change in overall
attitude/personality with no
other identifiable cause.
Frequent accidents and
mistakes
Difficulty in paying attention;
forgetfulness
General lack of motivation,
energy, self-esteem, “I don't
care” attitude.
Moodiness, irritability,
volatility or nervousness.
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Silliness or giddiness.
Paranoia
Secretive or suspicious
behavior.
Chronic dishonesty.
Unexplained need for money,
stealing money or items.
Change in personal grooming
habits.
Possession of drug
paraphernalia.
Testing methodology – DOT
Standards
Testing procedures for all employees
are governed by DOT standards for
CDL holders
Taking the employee for testing
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Supervisors should accompany the employee
to the testing site and make arrangements to
transport the employee home
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Supervisors can take a County vehicle, their
personal vehicle or arrange for a driver (i.e.
taxi or shuttle service)
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The employee is placed on paid
administrative leave until the test results are
received
Cooperation with policy
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Employees must not interfere with the administration of
the policy; can not taint or substitute urine sample, falsify
information, or fail to cooperate with tests to determine
the presence of alcohol or drugs
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Employees must respond fully and accurately to the
MRO and authorize the MRO to contact their health
care providers upon request
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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
The MRO and test results
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MRO issues test results to Labor Relations
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MRO makes three (3) attempts to contact
employees to discuss positive test results before
reporting results to the County
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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)
Employee appeals
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Employees have five (5) days to file an appeal after
receiving the results from Labor Relations
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The result of the retest is final
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Failure to appeal is deemed acceptance of the results
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Retests are limited to drug tests using the original specimen
(“A” Bottle and “B” Bottle)
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No appeals for breathalyzers; results are validated at the
time of the test
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Retests are done at the employee’s expense
Discipline
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A positive test result for drugs and/or alcohol in
violation of our policy is considered a terminable offense
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Non-probationary employees may be offered a Last
Chance Agreement (LCA) in lieu of termination
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LCAs are not offered if there is any misconduct
associated with the positive test result
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Employees are only eligible once for a LCA; repeat
violations result in termination
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Certain duties imply a higher standard of accountability
(i.e. law enforcement, working with minors, dispensing
medications, CDL holders, etc.)
Required treatment programs
Employees must:
 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
 Sign a waiver authorizing treatment providers to
speak with HR to verify successful completion
of treatment programs
Testing employees on a LCA
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Labor Relations uses a random date generator to
schedule tests over a period of two (2) years
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Labor Relations will notify the supervisor on the day
of the random test to direct the employee to testing
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Once an employee is notified s/he is directed to go
to testing, the employee must do so immediately
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Supervisors do not need to accompany employees to
the testing facility and employees are allowed to
return to work pending the test results
Weingarten rights
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Employees have the right to union
representation during investigatory
interviews that could lead to discipline
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A drug and alcohol test is not an
investigatory interview therefore
Weingarten rights do not attach
Employee fitness for duty
responsibilities
Employees must:
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Inform themselves of the effects of prescription
and non-prescription medications
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Not render themselves unfit to fully perform
work duties because of use of alcohol, illegal
drugs, prescription and non-prescription drugs
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Not be absent due to usage unless a part of a
rehab program while on FMLA/OFLA
Fitness for duty and safety
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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
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Employees who drive as a part of their job should
report when they are taking any medication that may
impair their ability to drive
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Supervisors must determine whether there is a safety
risk; if unable to make determination then request
information from health care provider or send
employee for an independent medical exam
How are prescription drugs
abused?
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Using other people’s prescriptions
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Out-dated prescriptions
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Taking a larger dose than prescribed
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Taking the drug for too long
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Taking the drugs along with others
Points to Remember
Employees should:
 Understand medicines react differently with each person
 Talk to their health care provider about the effects
medicines
 Tell their health care provider what other medicines they
are already taking
 Read labels and insert sheets that come with most
medicines
 Take the right dose at the right time by the right route of
administration
 Never take someone else’s medicine
 Check the alcohol content of the medicine
FMLA/OFLA and ADA
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Employees who have a dependency on drugs and
alcohol are encouraged to seek treatment
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Many employees who seek treatment will qualify
for FMLA/OFLA
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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
Medical documentation
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
Violations of law
Employees must disclose promptly (upon the next
working day) to their supervisor:
 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
 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
Gifts of Alcohol
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Employees may bring alcohol to work in sealed
containers for gift purposes
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Employees must notify their supervisor when
bringing a gift of alcohol to work
Avoiding Enabling
What is ENABLING?
What steps can employees take to
avoid enabling?
What is ENABLING?
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Covering up,
Rationalizing the employee’s behavior,
Avoiding the employee,
Blaming one’s self for the person’s use,
Trying to take responsibility for the person’s
use,
Making idle threats and not following through.
Scenario
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?
Personnel Rule 3-10-020
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(C) Employees must follow all safety regulations including wearing
safety articles and using protective equipment. Employees must
immediately report safety hazards, accidents or injury to their
supervisor.
(E) Employees must relate to the public and other employees in a
courteous, respectful and professional manner.
(J) Employees must report for and remain at work only in a fit
physical and mental condition that enables them to perform their
regular duties.
(L) Employees must not engage in conduct that reflects discredit on
the county while on duty, while wearing a uniform or insignia that
identifies them as county employees, while in a county vehicle, or
while on county premises.
(O) Employees must not possess unauthorized firearms, weapons,
illegal drugs or intoxicating beverages while on duty, while wearing a
uniform or insignia that identifies them as county employees, while
in a county vehicle, or while on county premises.
County Resources
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Drug and Alcohol Policy webpage on the MINT
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Employee Assistance Program
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Peer Support Program
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Department Human Resources Unit
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Labor Relations
Multnomah County
Drug and Alcohol Policy
Training for Managers
Questions?
Jim Younger
Drug and Alcohol
Policy Coordinator
Labor Relations
Kitty Miller
Training Manager
Talent Development