Transcript drug free workplace - Central Texas African American Family

DRUG FREE WORKPLACE
15th Central Texas African American Family Support Conference (CTAAFSC)
How often have you worked and there was a person in the office who struggled
with chemical dependency issues. What do you do? What is the stress level in the
workplace when dealing with these issues? How can you help? What can we do as
a society to help persons who have some chemical/alcohol issues?
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Life's most persistent and urgent question is, 'What are you doing for
others?'
Martin Luther King, Jr.
Those who dare to fail miserably can achieve greatly.
John F. Kennedy
You're either part of the solution or you're part of the problem.
Eldridge Cleaver
Our prime purpose in this life is to help others. And if you can't help them, at
least don't hurt them.
Dalai Lama
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Getting help opens up new doors and opportunities. Confronting
alcohol and drug problems in your life gives you and your loved ones
the opportunity to experience a healthier and more productive life – to
walk a road paved with the support needed and necessary to discover
a better way of living.
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You have made a choice – a very important one - to do something
about your or another's addiction. It takes action and courage to do
so - Congratulations! Although the road ahead will be filled with
challenges, be patient, be persistent and stick with it......you are doing
the right thing!
Estimated Costs: Drug abuse costs employers $81 billion annually.
FACT: Workers who report having three or more jobs in the previous five years
are about twice as likely to be current or past year users of illegal drugs as those
who have had two or fewer jobs. NCADD Fact Sheet: Alcohol and Other Drugs in
the Workplace.
FACT: 70% of the estimated 14.8 million Americans who use illegal drugs are
employed.
According to NCADD Affiliates that provide Employee Assistance Program (EAP)
services, the following job performance and workplace behaviors may be signs
that indicate possible workplace drug problems:
Job Performance
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Inconsistent work quality
Poor concentration and lack of focus
Lowered productivity or erratic work patterns
Increased absenteeism or on the job
Unexplained disappearances from the jobsite
Carelessness, mistakes or errors in judgment
Needless risk taking
Disregard for safety for self and others- on the job and off the job accidents
Extended lunch periods and early departures
Workplace Behavior
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Frequent financial problems
Avoidance of friends and colleagues
Blaming others for own problems and shortcomings
Complaints about problems at home
Deterioration in personal appearance or personal hygiene
Complaints, excuses and time off for vaguely defined illnesses or family
problems
National Council on Alcoholism and
Drug Dependence
Outreach, Screening, Assessment, and Referral Centers (OSARs)
How to Access Substance Abuse Treatment Services
To find substance abuse treatment services in your area, please call, toll free, 1877-9-NO DRUG (1-877-966-3784) for immediate and confidential help, 24 hours
a day, seven days a week, or search online for the nearest substance abuse
treatment program.
Outreach, Screening, Assessment and Referral Centers (OSARs) are the first point
of contact for those seeking substance abuse treatment services. Regardless of
ability to pay, Texas residents who are seeking substance abuse services and
information may qualify for services based on need. Outreach, Screening,
Assessment and Referral Centers (OSARs) are the first point of contact for those
seeking substance abuse treatment services. All Texas residents who are seeking
substance abuse services and information may qualify for services.
OSAR: Outreach, Screening, Assessment and Referral
Description of Services:
Outreach, Screening, Assessment and Referral is a free program funded by the
Texas Department of State and Health Services that provides:
Confidential alcohol and drug screenings, and assessments
Referrals for state-funded inpatient and outpatient drug and alcohol treatment
Brief interventions, which include motivational counseling
Education and support
Provide case management for clients who need assistance in accessing supportive
services
Who is Eligible for OSAR Services?
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All Texas residents who are seeking substance abuse services and information
may qualify. If you have insurance, please contact your provider to determine if
you have substance abuse coverage. If you need assistance, please feel free to
contact us.
Region 7
Serving: Bastrop, Bell, Blanco, Bosque, Brazos, Burleson, Burnet, Caldwell, Coryell,
Falls, Fayette, Freestone, Grimes, Hamilton, Hays, Hill, Lampasas, Lee, Leon,
Limestone, Llano, Madison, McLennan, Milam, Mills, Robertson, San Saba, Travis,
Washington, and Williamson Counties:
Bluebonnet Trails Community Services
1009 N. Georgetown Street, Round Rock 78664
(512) 244-8444
1-800-841-1255
Texas Department of State Health Services
http://www.dshs.state.tx.us/sa
Sober Austin
www.soberaustin.com
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Drug-Free Workplace Policy Builder
Section 1: What is the purpose/goal of your policy?
Your drug-free workplace policy, which serves as the foundation for your drug-free workplace
program, should accomplish two things:
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Send a clear message that use of alcohol and drugs in the workplace is prohibited, and
Encourage employees to voluntarily seek help with alcohol and drug problems.
It is important to base the policy on defensible objectives such as:
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Health and safety of employees, customers and the public
Protection of employer assets from theft and destruction
Protection of trade secrets
Maintenance of product quality and integrity
Compliance with applicable Federal and state regulations
You should also pay close attention to the following legally sensitive areas:
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Safeguarding employees’ confidentiality
Communicating the policy to all employees
Establishing procedures to thoroughly investigate alleged violations
Providing due process and ample opportunity for employees to answer allegations
Ensuring quality control of the drug-testing process, including confirmation of positive
tests if testing is used
Conforming to union contracts
Conforming to applicable Federal and state laws
The first section of your organization's policy should clearly state your purpose and goals.
Below is a standard statement that will be automatically incorporated into your policy.
Organization Name is committed to protecting the safety, health and well-being of all
employees and individuals in our workplace. We recognize that alcohol abuse and drug use
pose a significant threat to our goals. We have established a drug-free workplace program
that balances our respect for individuals with the need to maintain an alcohol- and drug-free
environment.
If your organization's activities affect others, such as the general public, customers and/or
patients, you may want to make references to them in your policy.
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There are a variety of other concerns that you may want to include in this section of your policy.
Review each of these statements and select all those you would like to incorporate in your
policy.
This policy recognizes that employee involvement with alcohol and other drugs can be
very disruptive, adversely affect the quality of work and performance of employees, pose
serious health risks to users and others, and have a negative impact on productivity and
morale.
This organization has no intention of interfering with the private lives of its employees
unless involvement with alcohol and other drugs off the job affects job performance or
public safety.
As a condition of employment, this organization requires that employees adhere to a strict
policy regarding the use and possession of drugs and alcohol.
This organization encourages employees to voluntarily seek help with drug and alcohol
problems.
If you do not want to include any of these statements in your policy, do not select an option.
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Section 2: Who will be covered by your policy?
The following statement will be automatically included in your policy to clarify that the
policy applies to all applicants and anyone who conducts business for your organization.
Any individual who conducts business for the organization, is applying for a
position or is conducting business on the organization's property is covered by our
drug-free workplace policy.
Select those you would like to be covered by your policy. (You must select at least one.)
Our policy includes but is not limited to:
CEO
Executive Management
Managers
Supervisors
Full-time Employees
Part-time Employees
Off-site Employees
Contractors
Volunteers
Interns
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Applicants
Other:
Drug-Free Workplace Policy Builder
Section 3: When will your policy apply?
It is important that you set a clear and consistent policy regarding the use of alcohol and drugs.
Determining exactly when the policy applies requires careful consideration of what constitutes
"at work" or "on duty". It also requires that you take a thoughtful look at whether or not use
before work could have a negative impact on safety. Some employers adhere to the philosophy
that off-duty use is a problem if it affects the employee's performance. Other employers take a
"hands-off" approach.
You also should examine the policies surrounding your organization's sponsorship of any
activities that involve alcohol and establish clear guidelines. Some organizations require that the
serving or consuming of alcoholic beverages at organization-sponsored events, whether on or off
the premises, have prior formal management approval.
The following statement will automatically appear in your policy.
Our drug-free workplace policy is intended to apply whenever anyone is representing or
conducting business for the organization.
Select those that apply. (You must select at least one.)
The policy applies:
During all working hours
Whenever conducting business or representing the organization
While on call, paid standby
While on company property
At company-sponsored events
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Other:
Drug-Free Workplace Policy Builder
Section 4: What behavior is prohibited?
The following statement describes the standard prohibition that is included in most organizations'
policies and will automatically appear in your policy.
It is a violation of our drug-free workplace policy to use, possess, sell, trade, and/or offer for
sale alcohol, illegal drugs or intoxicants.
In addition, some organizations also choose to address the abuse of prescription and over-thecounter medications in their drug-free workplace policy. If you do not wish to explore this
option, you have completed Section 4 of the Policy Builder. You have 9 sections remaining.
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Drug-Free Workplace Policy Builder
Section 5: Will employees be required to notify you of drug-related convictions?
The Drug-Free Workplace Act of 1988 requires that any employee who is convicted of a drugrelated offense in the workplace must notify the organization in writing within five calendar days
of the conviction. Other employers, not subject to the Act, may choose to use this requirement as
a standard in their drug-free workplace program. Examples of such convictions would be
possession or distribution of illegal drugs in the workplace.
Select the box below if you would like to include this option in your policy statement.
Any employee who is convicted of a criminal drug violation in the workplace
must notify the organization in writing within five calendar days of the conviction.
The organization will take appropriate action within 30 days of notification.
Federal contracting agencies will be notified when appropriate.
(Note: Those who have contracts or grants covered by the Drug-Free Workplace
Act of 1988 should select this statement to cover those employees to which the
Act applies.)
If you do not want to include this issue in your policy, do not select the option.
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Drug-Free Workplace Policy Builder
Section 6: Will your drug-free workplace policy include searches?
The Drug-Free Workplace Act of 1988 DOES NOT require covered employers to perform
searches. Also, many states and some cities have legislation prohibiting or limiting searches.
Therefore, please seek legal consultation as to the limitations in your location. If searches are
to be a part of your program, it will be necessary to set clear guidelines in a separate document
and train all supervisory and/or security personnel.
If you would like to include searches in your policy, select all those that apply.
Entering the organization's property constitutes consent to searches and inspections. If an
individual is suspected of violating the drug-free workplace policy, he or she may be asked to
submit to a search or inspection at any time.
Searches can be conducted of:
Pockets and clothing
Lockers
Wallets, purses, briefcases and lunchboxes
Desks and work stations
Vehicles and equipment
Other:
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Participation in searches is a mandatory condition of employment.
If you do not want to include this issue in your policy, make no selection.
Drug-Free Workplace Policy Builder
Section 7: Will your program include drug testing?
Most employers are not required to drug test, and the Drug-Free Workplace Act of 1988 does
NOT require that employers perform drug testing, although drug testing may be required under
other Federal regulations for employees in safety-sensitive and security positions. However,
many states have drug-testing laws and regulations that determine what types of testing are
permissible and under what conditions.
If drug testing is to be a part of your program, it will be necessary to set clear procedures in a
separate document and train all supervisory and/or security personnel.
If you already have determined that you are not going to include drug testing in your policy, you
have completed Section 7 of the Policy Builder. You have 6 sections remaining.
If you know you would like to include drug testing, or are not sure and would like more
information before deciding, select "yes" below.
Would you like to consider including drug testing?
Please refer to:
DRUG TESTING IN THE WORKPLACE
Under Texas and federal laws, there is almost no limitation at all on the right of private
employers to adopt drug and alcohol testing policies for their workers.
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Drug-Free Workplace Policy Builder
Section 8: What will be the consequences if your policy is violated?
The consequences of violating a drug-free workplace policy can range widely. Ideally, a program
is designed to encourage anyone who uses drugs or abuses alcohol to seek help prior to it
becoming a problem. Employees who have a problem with alcohol and drugs may have special
protections under the Americans with Disabilities Act as well as under Section 503 of the
Rehabilitation Act of 1973 as enforced by DOL's Office of Federal Contract Compliance
Programs (OFCCP). They also may be eligible for Family and Medical Leave Act benefits. It is
important to take these regulations into consideration when determining consequences.
Employers are encouraged to design a drug-free workplace program in a way that deters drug
and alcohol use and encourages rehabilitation.
The following selections address the consequences for applicants in pre-employment.
This statement will automatically appear in your policy.
One of the goals of our drug-free workplace program is to encourage employees to
voluntarily seek help with alcohol and/or drug problems. If, however, an
individual violates the policy, the consequences are serious.
Select the options that you would like to include in your policy statement. In the case of
applicants, if he or she violates the drug-free workplace policy,
the offer of employment can be withdrawn and the applicant may:
(You must select one or the other.)
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Not reapply.
OR
Reapply after six months provided he/she has successfully passed a specified preemployment drug test.
Reapply after one year provided he/she has successfully passed a specified pre-employment
drug test.
Reapply after eighteen months provided he/she has successfully passed a specified preemployment drug test.
If an employee violates the drug-free workplace policy, he or she will be:
(You must select one or the other.)
Subject to progressive disciplinary action and may be required to enter
rehabilitation. An employee required to enter rehabilitation that fails to
successfully complete it and/or repeatedly violates the policy will be terminated
from employment. Nothing in this policy prohibits the employee from being
disciplined or discharged for other violations and/or performance problems.
OR
Terminated from employment.
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Drug-Free Workplace Policy Builder
Section 9: Will you use Return-to-Work Agreements?
A Return-to-Work Agreement (RTWA) is a written document that sets forth the expectations
that the employer and the employee assistance/medical professional have of an employee who
has completed mandated treatment for alcohol and/or drug problems. It also sets forth the
consequences if the expectations are not met. This agreement should be used if an employee has
violated the drug-free workplace policy and has been provided the opportunity to participate in
rehabilitation as a condition of continued or re-employment.
Developing a RTWA requires:
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Coordination between the employee, employer, union, Employee Assistance Program
and/or treatment professionals.
Compliance with the organization's policies and legal obligations, as well as medical
recommendations.
Prior notification through company policy that a RTWA would be expected as a
condition of continued employment.
Select the following option if you would like to include a RTWA in your policy statement:
Following a violation of the drug-free workplace policy, an employee may be offered an
opportunity to participate in rehabilitation. In such cases, the employee must sign and abide
by the terms set forth in a Return-to-Work Agreement as a condition of continued
employment.
If you do not want to include a RTWA in your policy, make no selection.
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Drug-Free Workplace Policy Builder
Section 10: What type of assistance is available?
A drug-free workplace policy should encourage employees to seek assistance with alcohol and
drug problems. Assistance can cover a broad range, from that required under the ADA, the
Rehabilitation Act of 1973 and FMLA to rehabilitation and reintegration into the workplace.
This statement will automatically appear in your policy.
Organization Name recognizes that alcohol and drug abuse and addiction are
treatable illnesses. We also realize that early intervention and support improve the
success of rehabilitation and may prevent those whose problems have yet to reach
the level of addiction from progressing.
Select those you would also like to include in your policy statement. (You must select at least
one.)
To support our employees, our drug-free workplace policy:
Encourages employees to seek help if they are concerned that they or their family members
may have a drug and/or alcohol problem.
Encourages employees to utilize the services of qualified professionals in the community
to assess the seriousness of suspected drug or alcohol problems and identify appropriate
sources of help.
Ensures the availability of a current list of qualified community professionals.
Offers all employees and their family member’s assistance with alcohol and drug problems
through the Employee Assistance Program (EAP). (If you are considering this option,
please visit the EAP section of the Advisor.)
Allows the use of accrued paid leave while seeking treatment for alcohol and other drug
problems.
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The insurance benefits that you offer for the treatment of alcohol and drug problems should be
examined. It is recommended that benefits cover the full range of treatment options to ensure the
most cost-effective use of the benefit dollar.
The following statement will automatically appear in your policy.
Treatment for alcoholism and/or other drug use disorders may be covered by the employee
benefit plan. However, the ultimate financial responsibility for recommended treatment
belongs to the employee.
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Drug-Free Workplace Policy Builder
Section 11: How will employee confidentiality be protected?
Confidentiality is a crucial component of your drug-free workplace. Employees often are
reluctant to discuss problems with alcohol and/or drugs due to the stigma attached to the illnesses
and the denial and minimization that are part of the problem. If employees feel that their
confidentiality will not be protected, they often are even more reluctant to seek help.
The following statement will automatically appear in your policy.
All information received by the organization through the drug-free workplace program is
confidential communication. Access to this information is limited to those who have a
legitimate need to know in compliance with relevant laws and management policies.
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Drug-Free Workplace Policy Builder
Section 12: Who is responsible for ensuring the success of your policy?
It is common to include a summary section that covers the expectations of both employees and
management in supporting a drug-free workplace.
The following statement will automatically appear in your policy.
A safe and productive drug-free workplace is achieved through cooperation and
shared responsibility. Both employees and management have important roles to
play.
All employees are required to not report to work or be subject to duty while their
ability to perform job duties is impaired due to on- or off-duty use of alcohol or
other drugs.
Select the option(s) you would also like to include in your policy statement. (You must select
at least one.)
In addition, employees are encouraged to:
Be concerned about working in a safe environment.
Support fellow workers in seeking help.
Use the Employee Assistance Program.
Report dangerous behavior to their supervisor.
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Drug-Free Workplace Policy Builder
Section 13: How will your policy be communicated to employees?
Select the option(s) you would like to include in your policy statement. (You must select at
least one.)
Communicating our drug-free workplace policy to both employees and supervisors is critical to
our success. To ensure all employees are aware of their role in supporting our drug-free
workplace program:
All employees will receive a written copy of the policy.
The policy will be reviewed in orientation sessions with new employees.
The policy and assistance programs will be reviewed at safety meetings.
All employees will receive an update of the policy annually with their paychecks.
Posters and brochures will be available at all locations.
Employee education about the dangers of alcohol and drug use and the availability of help
will be provided to all employees.
Every supervisor will receive training to help him/her recognize and manage employees
with alcohol and other drug problems.
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HELP IS AVAILABLE. HELP IS NEARBY.
HELP IS IN YOUR COMMUNITY.
RECOVERY IS A JOURNEY TO A BETTER LIFE.
Kevin Klauber B.A. A. S., LCDC
Substance Abuse Service Unit- Program Services
OSAR Coordinator
Mental Health and Substance Abuse Division
Department of State Health Services
[email protected]
P.O. Box 14937. Mail Code 2109.
Austin, Texas 78714-9347
Office 512-206-5982
Fax -512 206-5805
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