Drug and Alcohol Scenario’s

Chris Taylor - May 25th 2011

Scenario 1 – With Cause Testing

• Based in a manufacturing plant where there is a mix of heavy machining and chemical laboratories on site. There is a drug policy which allows for random and with-cause testing for safety sensitive positions.

• There are approx. 300 employees work at this site and operate a 3 shift system. The early shift has just left for the day and the back shift have commenced working. There are 130 employees on site including operators, managers, support staff and engineers. Fork lift trucks drive around the site on a regular basis and all employees walk through part of the manufacturing plant to get to their place of work.

• The canteen manager hands you a cannabis pipe which has just been found near to the canteen area. There has been no cannabis found only the pipe. The canteen manager begins to speculate as to who it belongs to based on gossip.

What would you do next?

• Do you instigate “with-cause” drug screening?

• What employees would you test (some, all,etc)?

• The policy references safety sensitive positions, does this influence approach?

• Would you also carry out a search of employees lockers on site?

• If so, to what extent do you also search the offices?

• Do nothing?

Scenario 1 – Update 2

Following a discussion with senior management, it has been decided that with-cause testing should be carried out on all employees.

Prior to the commencement of the with cause testing, an employee owns up to bringing in the pipe. His explanation is that he has purchased pipe abroad and it was brought in as a practical joke and he must have dropped it in the canteen. He stresses it has never been used and too embarrassed to come forward earlier.

What would you do next?

•Do you just test the individual?

•Do you just test those who operates machinery?

•Do you test those who work in the laboratory?

•Do you still test everyone including those who works in the office?

Scenario 2 – Social Media & D&A Testing

• The Company’s Accounts Payable Clerk walks into the Warehouse to speak with a member of the Materials Team about items on a delivery note which do not match with a vendor invoice. The company does not have a Drug and Alcohol Policy.

• Not fully focused, as he’s busy texting, he walks into the middle of the warehouse floor, ignoring the safety walkway marked out. He goes around a corner and walks in front of a moving forklift. Startled, Johnny jumps out of the way and in doing so falls against a stack of boxes, causing one to fall and land on his foot. He requires first aid attention but is not seriously hurt. A safety investigation is launched into this incident, led by the HSE and HR Manager.

• Word of the incident spreads around the company, and the HR Manager finds an anonymous letter on their desk, with an extract from the social networking Facebook page written by the individual from the weekend prior to the incident at work.

Scenario 2 – Social Media & D&A Testing

• The extract reads as follows - Sunday 22nd May 2011;

• "Hey Johnny, fit you been up to this weekend?“

• "I’m in Amsterdam mate on a mission - how much “cake” can we get through before lunchtime!?.. We're due to leave on the 19:25 flight, but I dinna think we'll need a plane to fly home!!“

• "Haha, ye bam!.. I take it you're nae in work tomorrow?“

• "Should be, but it's nae happenin!.. back Tuesday though bro, month-end invoicing rubbish, dire – maybe I’ll keep some smokes til then lol! Text me Tuesday mate, I’ll meet you at the roach coach for a burger and fill you in on all the away action!”

• You are asked by his manager to send him for a Drug and Alcohol Test.

What would you do next?

• Can you still send an employee for a drug and alcohol test where there is no policy in place?

• Can information supplied from a social networking sites can be used as part of safety or disciplinary investigations?

 

• As the information was provided anonymously can it still be used in an investigation / disciplinary procedure?

• If the substances being used are legal in the location the individual was on holiday, and in their own time, does this make a difference?

• What is an employer’s responsibility once they have been provided with information about employee relating to Drug and Alcohol addiction?

Scenario 3 – Business Entertainment - Employee 1

• This Company has a Drug and Alcohol policy which states no employee should report to work under the influence of alcohol.

• Andy arrives at work at 9.35am on Thursday morning and feeling a little tender. Andy is a Business Development Manager and last night he took his newly signed up clients out for dinner. It was an expensive night, dinner at the Foyer and then of course the clients wanted to go on to the Casino!

• The client has just agreed a contract worth £5 million for the company this year – with an option to extend the following year.

• Andy also over indulgenced and has spent most of his day in the canteen drinking coffee or doing nothing at his desk. His colleagues have left him to his own devises. A comment is made to the HR Manager about him still being drunk at work!

What would you do next?

• Would you send him for a drug and alcohol test?

• Does entertaining customers on behalf of the company exclude an employee from the Company Drug and Alcohol Policy?

• How would you assess if an individual was still under the influence?

Scenario 3 – Employee 1 - Update 2

Following a discussion with Senior Management, they confirm no further action to be taken. The rational being, this is considered a key part of his job and other members of the Senior Management Team do this on a regular basis.

In fact, he should be applauded for attending work the next day!

Scenario 3 – Employee 2

• Darren’s is a lead buyer for the company. Normally he would be driving to work, but was concerned that he may still have too much alcohol in his system following a family celebration. His brother and sister-in-law fly off to Houston where he has a eighteen month secondment.

 

• 9.10am. Darren pops to the kitchen to make a coffee.

“Oh, hi Darren, I didn’t think you were in today, your car isn’t in the car park”. “Yeah, I’m here, got a taxi this morning, never like driving the next day if I’ve had a few drinks the night before”. “Very sensible mate, wish more were like you”.

Although feeling tired, Darren has completed everything his boss has asked to him to do this morning and is pretty chuffed.

• 11.04, Darren’s phone rings and he is requested to attend a meeting with his Manager. His managers wants to carry out a drug and alcohol test.

What would you do next?

• Would you send him for a drug and alcohol test?

• Is there any difference between the two cases?

• The employee is reluctant to take the test on basis and provides numerous other examples of employees attending work after a night out, what would you do?

• The employee performance would appear to be unaffected, does this make a difference?

• How do you define under the influence?

• Following an alcohol test the employee is under the legal limit, what happens next?

The main pitfalls!

• Have a written policy that has been communicated to all staff.

• Define the type of testing that can be carried out.

• Define what types of role are included within the policy

• Clearly state potential outcome for refusing to carry out a test.

• Avoid ambiguous Terminology – i.e. under the influence / safety sensitive

• Consistency of implementation, exception will undermine the policy.

• Define measurable levels for drugs and alcohol.

• Work with Occupational Health Experts to ensure process for testing is

robust.

• Be clear on how you handle employees with drug or alcohol addictions

and in what circumstance.

• How do you handle anonymous accusations.