Creating
An Industry
Drug-Free
Program
ScreenSafe Inc.
Program
Administrators
1
Our National Substance Abuse
Problem
• The Social Costs of illicit drug abuse add
up to $110 billion each year
• U.S. drug users spend substantially more
than $63.2 billion annually to purchase
drugs
• There are more than 1 million drug arrests
each year - half of all arrestees test positive
for illicit drug use
2
Drug Use and Alcohol Abuse:
Consequences


1.4 million arrests
for driving while
intoxicated
4 in 10 fatal motor
vehicle accidents
involve alcohol
3
Drug Use and Alcohol Abuse:
Consequences

Among employed adults, the highest
rates of current drug use and heavy
drinking are reported by;
•
•
White, non-Hispanic males
18-25 years old
4
Drug Use and Alcohol Abuse:
Prevalence

According to the
2004 Household
survey, 75.2 % of
those who used
illegal drugs in the
past month are
employed.
5
Illicit Drug Use by Industry
• By occupation, the highest rates of current
drug use and heavy drinking were reported
by those employed as
• Food preparation workers, waiters, waitresses
and bartenders (19%)
• Construction workers (14%)
• Service occupations (13%)
• Transportation/material moving workers
(10%).
6
Postal Service Study

A U.S. Postal Service study indicated that
employees who tested positive on their preemployment drug test were :

77% more likely to be discharged within
the first three years of employment

absent from work 66% more often than
those who tested negative.
7
Postal Service Study

The study estimated that the U.S. Postal
Service would have saved approximately
$52 million within two years, if it had just
screened out positive job applicants.
8
The Program
Tri-Counties SMACNA along with
SMWIA Local # 273 have formed a
partnership to address the problems
caused by drug and alcohol abuse
9
Goals and Objectives

Recognition of the problem;

Development of a comprehensive
policy;

Educate Participants;

Promote the Member/Employee
Assistance Program (M/EAP);

Implement a fair and respectful drug
testing program that conforms to
Federal drug testing standards.
10
Key Policy Issues
Contractor participation and
commitment is critical.
 Participant education.
 Supervisory training.
 Drug testing.

11
Policy Requirements and
Prohibitions


The use of alcohol or drugs by
employees during working hours on
the job site or on company property
(including company vehicles) is
absolutely prohibited.
Participants are required to submit to
drug and/or alcohol testing in
accordance with this policy.
12
Policy Requirements and
Prohibitions


No participant will be tested for alcohol
unless a reasonable suspicion exists
that the person is under the influence of
alcohol, or they are involved in an OSHA
recordable on the job accident.
Participants subject to this policy
continue to have access to the usual
protections provided as part of their
union membership.
13
Policy Requirements and
Prohibitions




All participants shall be considered part
of the testing pool and will be tested over
a 2 year period.
Participants will be selected randomly
from the 50% pool.
Participants who complete the testing
process will not be returned to the 50%
pool.
At the same time there will be an ongoing
10% pool.
14
Testing Procedures



Names picked from the random pool.
ScreenSafe through the Union finds out
where the union member is working.
Designated (Company or Union)
Representative called and informed to
expect a fax regarding participants
being tested.
15
Testing Procedures



ScreenSafe makes calls to Designated
Representative in the AM.
Forms sent to Designated Representative:
 Testing Procedures for the Sheet
Metal/ScreenSafe Drug Free Program
 List of Collection Sites
By the end of the business day, the
Designated Representative informs
participant that his/her name has been
selected.
16
Testing Procedures

If participant is unemployed they will
receive $50.00 from the program for
testing.

Participants are given until end of
next business day to take test.
17
At the Collection Site
Authorization for Consent to Drug Analysis
and Authorization of Release of Results for
testing
 Release of Information Signed for Medical
Review Officer (MRO), M/EAP and
ScreenSafe

18
At The Collection Site


Participant Signs Consent Forms
Collection Site Technician faxes
Consent and Release Form Back to
ScreenSafe
19
Testing Procedures



If the test is negative, no further action
is taken.
If the test is positive, the Medical
Review Officer (MRO) calls participant
to validate reason for positive.
If no valid reason found, participant is
in violation of policy.
20
Testing Procedures


Testing will also be done when there is
“reasonable suspicion”.
Accelerated testing (follow-up) takes
place once a participant has been noncompliant. It is based on M/EAP
evaluation.
21
Testing Procedures Safeguards




Integrity of specimens insured by
utilization of one collection procedure
at all sites
All labs have DHHS certification
All positives confirmed by GC/MS
MRO reviews all drug test positives
22
Testing Procedures –
Safeguards


Urine samples separated into two
containers at time of collection
Other forms of testing for participants
with confirmed medical conditions
23
Testing Occasions Portability


These provisions will apply to those
individuals working under the
portability rules.
All traveling craftpersons will be
subject to:
Initial testing
 Random testing – 10% pool

24
Testing Occasions Portability



Craftperson will be allowed to report to
work immediately after providing proof
of taking required urine test.
If the Craftsperson is non-compliant for
any prohibited substance results in
immediate termination.
Craftperson who is non-compliant must
wait 30 days to test again in order to
work in the jurisdiction.
25
Policy Violations

Policy Violations can include;
 Having a positive test result.
 Failing to take a test as scheduled
 Failure to call the MRO
 Failing to keep a scheduled appointment
with M/EAP or
 Failing to participate in and/or complete
the assigned treatment or education
program
26
Policy Violations

Policy Violations can include
(continued);
 Substituting another substance or
specimen
 Providing a dilute specimen for a second
time without a valid medical explanation
 Providing a urine specimen which shows
the presence of an adulterant
27
Consequences

Upon a first notice of unavailability the
participant;
will be referred to the M/EAP for evaluation
 must complete recommended treatment or
education program
 An apprentice or participant in training shall be
referred to the training coordinator and action
could include referral to M/EAP, disciplinary
action or cancellation from the training program

28
Consequences
(con’t)
 The participant will be placed in an accelerated
testing program.

Participant may choose to wait out 30 days.
Participant may not work and will not be
reinstated until a negative urine test is received.

The participants may only wait out on the first
non-compliance, any preceding noncompliances the participant would be required to
attend the M/EAP
29
Consequences Local

Upon a second notice of unavailability
from the preceding first within a 2 year
period the participant;

will be referred to the EAP for evaluation

must complete recommended treatment or
education program

will be placed in an accelerated testing
program.
30
Consequences
(con’t)
 An apprentice or participant in training shall
be referred to the training coordinator and
action could include referral to EAP,
disciplinary action or cancellation from the
training program
31
Consequences

Upon a third notice of unavailability from the
preceding second within a 2 year period the
participant;

will be referred to the EAP for evaluation

must complete recommended treatment or
education program prior to returning to work.

will be placed in an accelerated testing program.
32
Consequences
(con’t)
 Will be suspended for 30 days.

Will be required to sign a “1st Letter of
Understanding”.
33
Consequences

Upon a fourth notice of unavailability from
the preceding second within a 2 year period
the participant;

will be referred to the EAP for evaluation

must complete recommended treatment or
education program prior to returning to work.

will be placed in an accelerated testing program
34
Consequences
(con’t)
 Will be suspended for 180 days.

Will be required to sign a “2nd Letter of
Understanding”.
35
Consequences

Upon a fifth notice of unavailability from the
preceding second within a 2 year period the
participant;

will be referred to the EAP for evaluation

must complete recommended treatment or
education program prior to returning to work.

will be placed in an accelerated testing program
36
Consequences
(con’t)
 Will be suspended for 1 year.

Will be required to sign a “3rd Letter of
Understanding”.
37
Post-Accident Testing


Post accident testing may be done when
employees are involved in a work related
accident or incident that results in a fatality,
a lost time injury, OSHA recordable incident
or significant property damage or monetary
loss.
Post Accident testing is done at the
employers expense and the employer is
entitled to the results.
38
Designated Representative
Responsibilities



Register names of new employees with ScreenSafe.
Send names of people who have left the company.
Information Needed:



Name, social security number/union card number, address,
city, state, zip, and phone number
For people who work 20 hours or more per week and
are not a part of another union or bargaining unit.
Notify people who need to test
39
Designated Representative
Responsibilities







After employee notified “Notification Form” must be faxed
to ScreenSafe with time and date the person was notified
Remind employee
They need a picture I.D. or be accompanied by a foreman.
They need to test before the end of the next business day.
They should keep receipt or give to Designated Representative
They need to inform the testing site that they are testing
through ScreenSafe/Sheet Metal
They need to give their UNION CARD NUMBER if they are
a union member
40
Designated Representative
Responsibilities




Non-Compliant Participants
When you are notified about a non-compliant person this
information must remain confidential.
A non-compliant person is not allowed to work until ScreenSafe
faxes a copy of the “Release to Work” form to you. The
person must be removed from duty immediately.
Please discretely notify the person they are non-compliant.
Quietly and calmly explain to them that you were notified of
their non-compliance from ScreenSafe and they must leave the
job site immediately. Inform the person they need to call
ScreenSafe 877/727-3369.
41
CONCLUSION



Our approach is always fairness and
objectivity for the employee and for the
employer.
Our intention is always to help.
Our goal is always to assist in providing a
safe and drug-free workplace.
42
Implementation of
Program







Decide upon a “Helping Program/M/EAP”
Register all contractors
Identify “Designated Representatives” at
all the contractor sites.
Enroll all contractor employees in
program.
Participant education
Supervisory training
Initiate testing
43
Member Assistance
Program
BEAT IT!
(800) 828-3939
44
THE ROLE OF THE
SUPERVISOR
45
Supervisor Responsibilities
 Identify
 Assess
and clarify
 Document
 Get Help/Consult
 Take Action
 Refer
 Follow-up
46
Identify
 The
supervisor
must notice a
change in…
 Performance
 Attendance
 Safety
 Behavior
47
Identify
 Examples
of Common
Performance Problems:
 Poor
attendance - tardiness,
unexplained absences, long lunches
 Mistakes and missed deadlines
 Co-worker or customer complaints
 How do I decide if I should sent
someone for a “reasonable suspicion”
test?
48
Reasonable Suspicion
49
“Levels of Proof ”
Defined by the courts
Proof Beyond a Reasonable Doubt
 Clear and Convincing Evidence
 Preponderance of Evidence
 Balancing the proof 51% or more
 Probable Cause
 Facts that show more likely than not
that a crime was committed
 Reasonable Suspicion
 Hunch

50
Reasonable
Suspicion is
something
more than a
hunch.
U.S. Supreme Court
51
Reasonable Suspicion

To be more than “a hunch” one or more
of the following facts should be present;
 Suspicious
Signs
 Symptoms commonly associated with use
 Evidence of drug or alcohol use at work
 Suspicious Behaviors associated with
possible use
 Physical symptoms that could indicate drug
or alcohol use
52
Reasonable Suspicion
 Suspicious
Signs
 Presence
of Drug or Alcohol containers
or paraphernalia
 Odor of Marijuana
 Smell of Alcohol
 Unusual amount of breaks or restroom
visits
 Member in unauthorized areas
53
Reasonable Suspicion

Symptoms associated with drug & alcohol use;
Slow reactions
 Poor Coordination
 Work site sleeping or fatigue
 Delayed or erratic decision making or judgment
 Confusion
 Loss of concentration, difficulty learning
 Carelessness
 Intoxicated behavior

54
Reasonable Suspicion
 Physical
symptoms that could
indicate drug or alcohol use;
 Bloodspots
on shirt sleeves
 Tremors
 Slurred
or racing speech
 Staggering walk
 Poor balance
 Dilated or Constricted Pupils
 Nausea
55
Reasonable Suspicion
(Department of Transportation)
The Employer determination that
Reasonable Suspicion exists must be
based on specific, contemporaneous,
articulable observations concerning the
appearance, behavior, speech or body
odors of the driver.
56
Reasonable Suspicion
 Specific:
must be clearly
distinguishable
 Contemporaneous: happening as you
observe them
 Articulable: be able to clearly
describe the observation
 NOTE:
Second hand observation is not
acceptable
57
Reasonable Suspicion

When a supervisor observes signs and
symptoms that lead them to believe that the
Member may not be in a condition where they
can safely and effectively perform their duties,
that constitutes reasonable suspicion.

Reasonable Suspicion testing does not require
certainty. However, mere “hunches” are not
sufficient to meet the standard.
58
Is It More Than A Hunch?
Compare against the known pattern – is
this usual behavior/performance?
 Does this behavior/performance fit with
company standards?
 Interview the person to detect other signs
of impairment.
 Does a second, manager or supervisor
reach the same conclusion?

59
Protocols to Clarify



What documentation must be completed?
What are the protocols for testing?
 Collection site location?
 Transportation & supervision to the
collection site?
 Transportation home?
Who get results?
 Procedures for results; positive or negative
60
Assess and Clarify
►Assess
►Clarify
Does the Member
have the …
Does the Member
understand the ….
Ability
Performance
Standards
Training
Company Policies
Skills
Motivation
61
Document
 Supervisors
must
document:
 Workplace
Behavior
 Workplace Performance
• Documentation must be:
– Factual and specific
– Objective
– Timely
– Discussed
62
Documentation
down the facts – only!
 Do not assume anything
 Do not generalize what you
observed
 The document must be kept
confidential
 Write
63
Documentation
 Instead
of saying:
“
I suspect this Member (driver) is using
alcohol”
 Write:
Member
has difficulty concentrating
Member seems uncoordinated
Employee’s breath smells like he has
been drinking beer
64
Documentation
 Instead

“The
of saying:
Member acts like he’s on drugs.”
 Write:
Member
is talking in short clipped
sentences
Member is speaking really fast
Member has difficulty looking me in the
eye
Member is trying to avoid me
65
Get Help / Consult
 Use
the available resources
 Supervisor
 Human
Resources
 MAP
 Security
66
Take Action #1:
Just Do It
 Interview
the
Employee:
 Get
yourself ready
Excuses
Emotions - i.e. anger,
tears
Avoid personal
entanglement
67
Take Action #2
 Explain
your
concerns
 Review
your
documentation
 Seek
Member
acknowledgement
or “buy in”
68
Take Action #3
Develop a plan of
action for
improvement
 Detail specific
consequences for
success or failure
 Set a date for followup discussions

69
Reasonable Suspicion
Testing
 Confront the employee
 Ask the Member to come into an office or at
minimum, somewhere away from the
operations and other employees.
 Explain to the Member that you believe that
the Member is under the influence and you
want them to get tested.
 If the Member agrees, have him/her sign a
consent form and assign someone to escort
the Member to the clinic.
70
Reasonable Suspicion
Testing
 Confront
the employee
 The
escort will remain with the
Member until the tests are complete.
 The escort will bring the tested
Member back to the work site where
proper arrangements will be set up for
the tested Member to get home.
If the Member refuses,
treat it as a positive test.
71
Refer to the MAP
 Employees
may have problems
for which you cannot offer
assistance…
REFER
• Use
the interview as an
opportunity to refer the
Member to the MAP
72
Commitment to
Confidentiality
 Supervisors
 Problems
should only be discussed
on a “need to know” basis
 If
an Member chooses to disclose
concerns to his/her coworkers that is
his/her decision
73
Commitment to
Confidentiality
 MAP
MAP is
confidential
resource
Contact
and
cooperation
74
Recognize Your Limits
 Supervisors
can control:
 approach
and attitude
 preparation
 presentation of concerns
 feelings
 setting
 time allocated
75
Recognize Your Limits
 Supervisors
cannot control
 employee’s
attitude
 employee’s feelings
 outcome of the interview
 employee’s performance
 employee’s problems
 employee’s job security
76
Follow-Up
 Accurate
performance appraisals
and fair treatment
 Time to adjust to doing things
differently
 Respect for his or her privacy
77
Follow - Up
 If
you follow-up with an
Member after a corrective
action interview you convey two
messages:
 You
are serious
 You are paying attention to the
situation
78
Do’s and Don’ts

DO’S
Take prompt action
 Use your resources
 DOCUMENT
 Refer
 Focus on job
performance and work
place behavior

• DONT’S
– Ignore
– Delay
– Moralize
– Enable
– Give in
– Diagnose
– Rely on magic
79
QUESTIONS
80