All Personnel
OP 4020.02(a)
SUSPECTED USE/INFLUENCE OF ALCOHOL OR DRUGS WHILE ON DUTY:
GUIDELINES FOR ADMINISTRATORS
Training for Administrators
The County Office provides training for managers on how to deal with suspected on-the-job
substance abuse by employees. All managers are required to complete this training. The
training includes signs and symptoms of substance abuse, interview techniques, services
available through the Employee Assistance Program (EAP), and review of the
Superintendent’s Policies on maintaining a drug-free workplace.
Investigation
Interview the person reporting the incident or behavior that indicates the Superintendent’s
Policy on a drug-free workplace may have been violated. Interview any other witnesses who
are immediately available before interviewing the employee. Because time is of the essence,
you may need to interview witnesses who are not immediately available after interviewing
the employee. Take notes on the specific behavior or incident that would indicate an
impaired ability to perform duties and possible substance abuse. Be as specific as possible in
your information gathering by including date, time, location, those present, specific behavior
or actions, etc. in your notes.
Meeting with the Employee
Meet with employee as soon as possible after a suspected incident of impairment due to
suspected drug or alcohol use is brought to your attention. If the employee requests that a
union representative attend the meeting, the employee is entitled to the first union
representative who can be available. Because intoxication is a time-sensitive issue, if no
union representative can be available within 60 minutes, meet with the employee solely to
determine if a Fitness for Duty examination is needed. Schedule a second meeting when a
union representative can be present to interview the employee about the incident that caused
you to believe s/he was impaired, such as her/his actions or failure to act.
During the meeting, observe the employee’s behavior and physical condition/appearance and
make notes of your observations. Use the Employee Observation Form (Form # PRS
0442.02) or another similar, written format to document your observations. Make a complete,
accurate, written account of your observations. Whenever possible, have another
administrator confirm, by direct observation, the employee’s condition/ appearance and have
the administrator sign the Employee Observation Form or other written documentation. See
the Employee Observation Form for signs and symptoms of possible use.
1.
Inform employee of the reason(s) you asked to meet with her/him (e.g., alleged acts
of misconduct, detection of alcohol/drug odors, or other physical symptoms).
2.
Give the employee an opportunity to explain his or her condition or behavior.
OP 4020.02(b)
SUSPECTED USE/INFLUENCE OF ALCOHOL OR DRUGS WHILE ON DUTY:
GUIDELINES FOR ADMINISTRATORS (continued)
3.
Consider all information available (inculpatory and exculpatory).
If you do not reasonably suspect the employee is under the influence of drugs or alcohol and
you determine the alleged condition or behavior is not substantiated (i.e., did not happen,
employee has an excusable, credible explanation), no further action is required.
If you do not reasonably suspect the employee is under the influence of drugs or alcohol and
you determine that the alleged condition or behavior is substantiated, evaluate whether the
employee is presently fit to return to work. If not, follow the Transportation guidelines
below. Document the incident following guidelines below. If appropriate, advise the
employee that the Employee Assistance Program (EAP) may be able to provide help (e.g.,
counseling for anger management, grief etc.).
Admission
If the employee admits to conduct in violation of the Superintendent’s Drug and AlcoholFree Environment policy, ask the employee to confirm the admission in writing, including
the employee’s signature and date. Whenever possible, the written confirmation should
include a statement that the employee admits s/he was under the influence of [specify
substance] while on duty and the time and date of the offense.
If the employee confirms in writing that he or she was under the influence of drugs or alcohol
and the incident is a first offense not involving the sale, or use, of a drug or alcohol in the
presence of children, the employee may complete a substance abuse treatment program in
lieu of disciplinary action. (Merit Rule 60.1000.1) See First Offense guidelines, below. If this
is not a first offense, see Repeat Offense below.
If the employee makes an admission but refuses to confirm the admission in writing and you
reasonably suspect the employee is under the influence of alcohol or drugs, refer the
employee for a Fitness for Duty examination.
Fitness for Duty Examination
If you determine that a Fitness for Duty exam is necessary, tell the employee that you intend
to refer her/him for a Fitness for Duty examination that may include testing for drugs and
alcohol.
Refer the employee for a Fitness for Duty examination by calling the current contracted
health facility.
OP 4020.02(c)
SUSPECTED USE/INFLUENCE OF ALCOHOL OR DRUGS WHILE ON DUTY:
GUIDELINES FOR ADMINISTRATORS (continued)
If the employee refuses to consent to a Fitness for Duty examination, inform the employee
that you are directing her/him to take the examination and that failure to take the examination
will be considered insubordination that will result in disciplinary consequences. If the
employee then fails or refuses to report for a Fitness for Duty for examination, document the
incident. Notify your supervising administrator for appropriate disciplinary action.
The contracted health facility will have alcohol test results available on the test day. Drug test
results require several days for completion. The health facility will use these test results to
make a determination as to whether or not the employee was fit for duty at the time of the
exam. Actual test results will not be released to the manager.
If the employee is determined to have been fit for duty, document the incident or behavior
that brought the fitness for duty into question (the conduct, e.g., fighting) and refer the
employee for disciplinary action if appropriate.
If the contracted health facility determines the employee was unfit for duty based upon
positive test results for illegal drug use, illegal use of a controlled substance, or being under
the influence of alcohol, see First Offense or Repeat Offense, as the case may be.
First Offense
For a first offense that does not involve any of the following activities in the presence of a
child or children—sale or use of an illegal drug, illegal use or sale of a controlled substance,
or sale or consumption of alcohol—the employee may complete a substance abuse treatment
program in lieu of disciplinary action. (Merit Rule 60.1000.1) If the employee agrees to the
treatment option, make a referral to the Employee Assistance Program (EAP) by calling and
setting an appointment. The specific treatment program will be determined after consultation
with EAP. Consult with Legal Services about a possible “last chance” agreement. The
treatment program selected will determine whether or not the employee successfully
completes the treatment program.
Repeat Offense, Refusal of Treatment Option, or Use in the Presence of Children
The following conditions preclude offering the option of the completion of a treatment
program in lieu of discipline:
1.
If the incident is a repeat offense or
2.
If the offense includes any of the following activities in the presence of children: the
sale or use of an illegal drug, illegal use or sale of a controlled substance, or sale or
consumption of or alcohol.
OP 4020.02(d)
SUSPECTED USE/INFLUENCE OF ALCOHOL OR DRUGS WHILE ON DUTY:
GUIDELINES FOR ADMINISTRATORS (continued)
If one or two of these conditions apply or if the employee refuses the treatment option,
document the situation and notify your supervising administrator for appropriate disciplinary
action.
Documentation
Write a memorandum to the employee as soon after the incident as possible. Include your
name, the date of the memorandum, the name of employee, date of incident, a description of
the condition/behavior that raised concern, and the reason(s) why the condition/behavior is
inappropriate (e.g., disruptive, poor role model, violates policy, etc.).
Talk to witnesses and take your own notes. Ask witnesses to put their observations in writing
with their signature and date. Consider attaching statements to the memorandum and indicate
in the memorandum that the statements are attached. Otherwise, maintain statements in a
safe, confidential location.
If applicable, include a statement that the employee admitted being under the influence of
drugs or alcohol, but refused to put the admission in writing.
If the employee failed or refused to report for a Fitness for Duty for examination, include a
statement indicating that you directed the employee to report for the examination, that you
warned the employee that refusal would be considered insubordination, and that the
employee nevertheless failed or refused to report for the examination.
If applicable, include a statement that the employee was eligible for, and offered, an
opportunity to complete a treatment program in lieu of discipline, but refused the treatment
option.
Indicate in the memorandum that a copy will be placed in the employee’s personnel file and
that s/he may respond in writing and have his/her response attached. (Education Code 44031)
Send the memorandum to the employee and copies to your supervising administrator, Human
Resources Department, and the employee’s personnel file.
Transportation
Transportation to Home
If the employee appears capable, direct the employee to make arrangements for safe
transportation home that does not include the employee transporting herself/himself home.
OP 4020.02(e)
SUSPECTED USE/INFLUENCE OF ALCOHOL OR DRUGS WHILE ON DUTY:
GUIDELINES FOR ADMINISTRATORS (continued)
If the employee does not appear capable of making arrangements for safe transportation or if
the employee refuses to make such arrangements, call the contact person identified on the
employee’s emergency card. If emergency contact person is unavailable, arrange for public
or other transportation. If the employee refuses to accept transportation and attempts to
transport herself/himself, do not attempt to restrain the employee. If an employee who you
believe is impaired refuses transportation alternatives and leaves the work site driving his/her
own vehicle, notify law enforcement authorities.
Transportation to a Fitness for Duty Examination
Transport the employee directly to Sutter Hospital as soon as possible. If necessary, call a
cab. Do not permit the employee to transport herself/himself in an impaired condition, but do
not restrain an employee who insists. If an employee who you believe is impaired attempts to
transport himself/herself, notify law enforcement authorities. Notify your supervising
administrator as soon as possible that an employee is being transported for a Fitness for Duty
examination.
After the examination, transport the employee home or give the employee the option of
taking a cab or other public transportation or calling a family member or friend.
SONOMA COUNTY OFFICE OF EDUCATION
Policy Reference: SP/E 4020, Drug and Alcohol-Free Workplace
Procedure approved: September 12, 2001
(0442.02)