ED 332 095 CG 023 352 TITLE An Employer's Guide to Dealing … · 2013. 11. 23. · Substance...
Transcript of ED 332 095 CG 023 352 TITLE An Employer's Guide to Dealing … · 2013. 11. 23. · Substance...
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CG 023 352
An Employer's Guide to Dealing with SubstanceAbuse.Department of Labor, Washington, D.C.Oct 9021p.
National Clearinghouse for Alcohol and DrugInformation, P.O. Box 2345, Rockville, MD 20852.Guides - General (050)
MF01/PC01 Plus Postage.Alcohol Abuse; Drinking; Drug Use; *EmployeeAssistance Programs; *Employers; *Personnel Policy;Program Design; *Program Implementation; *SubstanceAbuse
Work-related problems associated with employees whoabuse alcohol and/or other drugs are briefly reviewed in thispamphlet to encourage employers to consider setting up a substanceabuse program in their companies and businesses. The pamphlet thengoes on to explain briefly each of five steps involved in developinga workplace substance abuse program: (1) writing a clew andcomprehensive substance abuse policy; (2) training supervisors todetect performance problems that may indicate substance abuse; (3)
educating employees about the program; (4) providing employeeassistance through an employee assistance program; and (5) starting adrug testing program. Ideas are offered for taking eacti, step. Aresource list of organizations that can be contacted for help inestablishing such a program is included, as is information onregulations that must be considered by employers dealing with somefederal contract3 or performing celtain types of work. (NB)
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An Employer's Guideto Dealing WithSubstance AbuseIf you're in business, you must face some facts:
Seventy percent of all illegal drug users areemployed either full- or part-time. This suggests over10 million people are current users of illicit drugs.'
One in twelve full-time employees reports currentuse of illicit cirugs.2
One in every ten people in this country has analcohol problem.3
What do those numbers mean to you? They mean thatevery day, across this country, in towns large and small,from small businesses to large corporations, the problemsof substance abuse are hurting the workplace.
And that means a major business problem for you.Because substance abuse affects the bottom line, itcosts you money. How? Look how substance abusingworkers compare to drug-free workers.
More: Workdays missedLikely to injure self or othersWorkers' compensation claims filed
Less: Productivity
That means Real Dollar Costs to you in all theseareas:
Absenteeism Insurance ClaimsSick Leave TardinessOvertime Pay Workers' CompensAtion
National lnsnute on Drug AbuseNational Institute on Drug AbuseNational Ins Mite on Alcohol Abuse and Alcoholism
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But there are also Hidden Costs that drive up yourbill for substance abuse:
Diverted supervisory and managerial timeFriction among workersDamage to equipmentPoor decisionsDamage to the company's public imagePersonnel turnover
How can you protect your company and your workersfrom those who, through the abuse of illegal drugs orprescription drugs or alcohol, endanger yourworkplace and your profits? Establish a substanceabuse program.How do you go about setting up a substance abuseprogram that is suited to the needs of your company?Developing a comprehensive program involvesfive basic steps. This pamphlet will explain brieflyeach step of that program. It will offer some ideas fortaking each step. 1( will also give you a resource list oforganizations you can contact for help. And it will giveyou information On regulations that you must considerif you are dealing with some Federal contracts orperforming certain types of work.
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Five BasicSteps,One Step ata Time
Fact:The percentageof employerswith aformai writtensubstanceabuse policygrew by about60 percentover the last2 years.4
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Five Steps to aWorkplace SubstanceAbuse Program
A written substance abuse policy
A supervisory training prows=
An employee education and awareness program
Access to an employee assistance program (EAP)
A drug testing program, where appropriate
Sound a bit overwhelming, especially if you have a smallbusiness? Take one step at a time. Read this pamphletto see what you might be able to start with now. Noprogram is set up all at once. And any effort on your partwill begin to send the message that you are concernedabout substance abuse and do not want it in yourworkplace. If you are worried about costs, check theresource section and note the help that is available toyou free.
Think you don't need a program because you don'thave a problem? Think you may not recognize theproblem? Think of what tomorrow may bring. If yourcompany has a policy about substance abuse, it sendsa clear signal to present and future employees aboutwhere your company stands.
Measurable Costs Hidden Costs Public Liability:When you add up all the costs involved inignoring the problem, can you afford not to setup a substance abuse program?
Step One:Writing a Clear and
Comprehensive Po LeyThis all-important first step will outline where you stand,what you expect from employees, and what you will doif your policy is violated. But it does more than set
'Bureau of Labo. Statistics
Getting Started
down the ground rules. It lets everyone know thatyou are committed to a drug- and alcohol-free workplace.And that in itself is an excellent starting point.
What exactly should your policy say?.That depends onyour individual situation. Businesses are not all the same.Nor are the employees who work for them. Yourpolicy statement should reflect the needs and values ofyour workplace. To develop an individualized policy,consider everyone who will be affected.
Involve employees from all levels. Working togetherwill build support for the policy you will develop. Usethe guidelines below to focus discussions.
What Your Policy Should DoLet employees and applicants know that drug andalcohol use on the job, or that affects jobperformance, is not permitted.
Explain why you are establishing the policy(workplace safety, worker health, product quality,productivity, public liability, etc.).
Tell employees what will happen if they violatethe policy.
Additional Points You May Want to ConsiderOutline your policy on the use of alcohol atcompany-sponsored activities.
State your position on drug testing* and, if youtest, the consequences of a positive test result.
Describe the responsibility of an employee with adrug or alcohol problem to seek and completetreatment.
Identify company or community resources whereemployees with problems can get help.
'Refer to the =lion on ibis topic.
State your concern for family members whosesubstance abuse could adversely affect the well-being of the employee, the family, and theorganization.
Make clear that participation in an employeeassistance program* is confidential and will notjeopardize employment or advancement, but thatparticipation will not protect employees fromdisciplinary action for continued unacceptable jobperformance or rule violations.
Check the resource section of this pamphlet. You canget tips on writing your policy, and even copies ofmodel policy statements, by contacting the organizationslisted. It may also be advisable to consult with anattorney to make sure your policy conforms to Stateand local requirements.
Once Your Policy is WrittenBe sure to thoroughly explain the policy to youremployees. It may be wise to have each employeeacknowledge in writing that he or she has received thepolicy. Then, be fair and be consistent in applying thepolicy to all employees,
Step Two:Training Your Supervisors
Supervisors are the key to the successful working ofyour substance abuse policy. As the people in directcontact with workers, supervisors can detectperformance problems that may indicate substanceabuse. But their responsibilities should be limited,and that should be clearly explained to them.
'Refer to the section on this topic, 7
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Getting Started Supervisors Are Responsible ForObserving and documenting unsatisfactory workperformance or behavior
issfo. Talking to employees about work problems andwhat needs to be done about them.
In order to do their jobs properly, supervisors must:Understand the.suhstance abuse policy
Be able to explam the policy to employees
Know when to take action.
Supervisors Are NOT Responsible ForDiagnosing substance abuse problems
Treating substance abuse problems.
Supervisors need to know how to look for signs ofsubstance abuse and what to do once they find them.The kinds of information needed by supervisors willvary from one worxplace to another. For example,depending on what is available through your companyand community, supervisors may be called upon torefer employees to employee assistance programs or tolocal resources. Keeping your own company's needs inmind, consider some of the following as possibletopb-s to include in your supervisory training program.
Training Session TopicsInformation on specific drugs
Methods of detecting drug and alcohol use
Insurance coverage for substance abuse treatment
Prevention and education strategies
Background on drug testing issues and how thedrug testing program relates to the EAP (employeeassistance program).
AdditionalTips
Use the resource list to contact organizations that canhelp in designing a supervisory training program.Additionally, supervisory training packages areavailable, as well as films, videotapes, and publicationsto help make your program interesting and informative.
Step Three:Educating Your Employees
You've established your policy. You've trained yoursupervisors. Now you must be sure your employeesunderstand and remain aware of your ongoingcommitment to a drug-free workplace. That meansthis part of your program is not a one-time thing.Whenever new workers are hired (or being consideredfor employment) they need to learn about your program.Current employees need to have reinforcement aboutyour commitment to making your substance abuseprogram work. How you go about this will depend onthe needs of your workers and your workplace.
An Employee Education and Awareness ProgramExplains your workplace substance abuse policy toyour employees and tells them about the consequencesof using drugs and alcohol on or off the Job
Tells your employees how to get help with theirdrug and alcohol problems, including a descriptionof services available to help employees by arepresentative of the employee assistance programif the company has one, or by a communityresourceInforms employees on how drugs and alcoholactually affect the company's productivity, productquality, absenteeism, health care costs, or accidentrates
"Refer to the section on this topic.
Getting Started
AdditionalTips
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Explains testing procedures if drug testing* ispart of the program with special attention to theconsequences of testing positive, and procedures forensuring accuracy and confidentiality.
Consider the circumstances of your workplace and theneeds of your employees. Education and awarenessprograms can vary widely. In addition to covering thetopics listed above, you may want to "personalize" theprogram for your employees by offering informationon some of the topics below.
Topics for Education ProgramVideos or printed material on the health effects ofalcohol and drugs . both illegal and prescription
Local guest speakers to provide information onhow drugs are affecting the community
A presentation about illegal drugs: what they looklike, how they are used, their effects, the symptomsof overdose and withdrawal
Brown bag lunch mcetings in which parents can learnhow their own use of alcohol and drugs can influencetheir children's behavior, how to help otherchildren avoid involvement in substance abuse,and how to recognize signs of substance abuse
An address by company managers to employeeson the specifics of the company policy and why itis needed.
Use the resource list for contacting organizationsthat can help you in designing your program. Checkresources for information on films, videotapes, andpublications you can use in your program. Checkyour local community resources for possiblepresentations that are specifically geared to theneeds of your locality.
°Refer to the sectton on this topic. to
Fact:The percentageof employerswith employeeassistanceprograms hasapproximatelydoubled in thelast 2 years.5
Step Four:Providing Employee AssistanceEmployees are valuable resources. They are also humanbeings. And that means they have problems, problemsthat can affect their performance on the job. Theseproblems can come from many sources: substance abuse,family difficulties, financial troubles, emotional upsets.To help employees deal with their problems, manycompanies set up an employee assistance program (EAP).
Why set up an EAP? Consider the following:
Employees are a vital part of your business.
It is better to offer assistance to employees withpersonal problems than to discipline or fire them.
Recovering employees become prcductive andeffective members of your workforce.
Indeed, many companies have found EAPs to be cost-effective because they:
reduce accidents reduce absenteeism raise productivity
How EAPs Can Help EmployeesIdentify problemsHelp resolve problems through
Confidential, short-term counseling
Referrals
Followup services.
EAPs might also offer programs in supervisory training,education and prevention programs, and healthpromotion activities.
Getting Started
AdditionalTips
The first step is to determine the kind of program youneed. You might want to talk with companies in yourregion or your industry that already have an EAP.Remember that EAPs take time to set up and tobecome effective. An EAP does not offer a "quick fix"solution. But companies who have spent the time andeffort feel that the ..esults have been worth it.
Almost Any Employer Can Offer EAP ServicesBoth large and small companies can start EAPs. Therearc many ways to set up an EAP:
Your company or union may establish a programat or near the worksite.
* You may buy EAP services from an outside EAPprovider.
You may join together in a consortium to offerEAP services good for small companies.
You may work with a trade or local businessassociation to start an EAP good forsmall companies.
Contact the Drug-Free Workplace Help line listed in theresource section for model programs and guidance insetting up an EAP. Check community resources forrefemal programs and services. Check your local telephonedirectory under headings such as Alcohol/Drug AbuseInformation, Treatment, or Counseling. Be sure to lookin the blue pages (government listings and publicservice section), the yellow pages, and the communityservice section.
Step Five:Starting A
Drug Testing ProgramStarting a good drug testing program is not a simpleprocess. But it can be done. Each year more companies,
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including small companies. decide to start some kindof program. Some companies must set up a drugtesting program because of the kind of work they do(see section on Federal Regulations). Others choose totest because it is the right business decision for them.
Before Yon Start Planning A Drug Testing ProgramA drug testing program is the last step of a compre-hensive program. You should have in place a programwhich includes all the previous steps described in thispamphlet: a written policy statement, a supervisorytraining program, an employee education and awarenessprogram. and an employee assistance program. Youwill need to make sure that your drug testing programmeets several requirements including:
Statutory or regulatory requirements
Disability discrimination proviskuls
Collective bargaining agreements
Any other requirements in effect.
Getting Started You need to make a number of decisions about howyour program will be set up and operated. The list ofquestions below will help you get started.
Who will you test? (Only applicants? All employees?Only employees in 'safety sensitive positions?)
When will you test? (After all accidents? Only aftersome accidents? When performance becomesunacceptable? When an employee behavesabnormally? On a random basis? As part of aphysical examination?)
For what drugs will you test? (Only for marijuana andcocaine because they are the most commonly usedillegal drugs? For all illegal thugs? For alcohol? Forprescription drugs which may affect work performance?)
How frequently will you test? (Weekly? Monthly?Once a year?)
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What will you do if an applicant tests positive?(Refuse to hire? Tell the applicant why you are nothiring him or her? Allow the applicant to be retested?Allow the applicant to reapply after 6 months?)
What will you do if an employee tests positive?(Fire all employees who test positive? Refer employeesto counseling and treatment after the first positivebut fire after the second? Allow employees morethan one chance to become drug-free before firing?)
What tests will you use and what procedures willyou follow? (Who will collect the specimens? Willyou use a confirmation test? What laboratory willyou use? Will you use a medical review officer?How will you protect the employees' privacy andconfidentiality?)
You will probably want to consult a lawyer whoknows about drug testing.Be sure your drug testing program is fair, accurate, andlegally defensible. Remember. it should be undertakenonly as part of a comprehensive drug-free workplaceprogram.
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Federal RegulationsIf your company performs certain types of work or ifit has certain types of contracts with the FederalGovernment, you may have to comply with Federalregulations. These may require you to have in placesome of the programs listed in this pamphlet.
Understanding theDrug-Free Work lace Act
of 19The Drug-Free Workplace Act is a Federal statuterequiring certain Federal contractors and grantees tomaintain a drug-free workplace.
Who Is AffectedYou are not covered by the Act unless:
You have a single contract with the FederalGovernment of $25,000 or more
You receive a grant from the Federal Government
Subcontractors and subgrantees are not covered bythe Act.
What Is RequiredIf you are covered by thc Act, you are required to:
Certify that you will provide a drug-freeworkplace. This certification is part of the finalcontract or grant agreement and is a requirementfor receiving the contract or grant.
Publish a statement notifying your employeesthat the unlawful manufacture, distribution,dispensing, possession, or use of a controlledsubstance is prohibited in the workplace andwhit actions will be taken against your employeesfor violations.
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Establish an ongoing, drug-free awarenessprogram to inform your employees of thedangers of drug abuse. your drug-free workplacepolicy, the availability of any drug counselingprograms, and the possible penalties for drugabusr violations occurring in the workplace.
Require each employee directly involved in thework of the contract or grant to notify you ofany criminal drug statute conviction for aviolation occurring in the workplace.
Notify the Federal Government of such aviolation.
1,Auire the imposition of sanctions orremedial measures for an employee convicted of adrug abuse violation in the workplace.
Continue in good faith to comply with theabove requirements.
What is not RequiredThe Drug-Free Workplace Act does not require you to:
Establish an employee assistance program
Implement a drug testing program.
Questions?The best source of information about these regulations isthe contract or grant office at the Federal departmentor agency from which you received your contiact orgrant. The Federal department or agency will alsoanswer questions from prospective contractors orgrantees.
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Complying with theDepartment of Transportation
Workplace Drug AbuseRegulations
The Department of Transportation (DOT) is oneFederal agency with special requirements. We haveincluded it because it concerns so many U.S. businesses.
The Department of Transportation issued regulationsin November 1988 requiring employers engaged incommercial transportation industries regulated by DOTto implement workplace drug abuse programs.
What is RequiredThe regulations require drug testing of employeesin safety sensitive positions and drug abuseawareness education for supervisors and employees.All drug testing must be conducted in accordance withprocedures outlined in 49 CFR Part 40.
Who is AffectedGenerally speaking, you must comply with the DOTdrug abuse regulations if you have employees who:
Perform flight crew member, flight attendant,flight instruction or ground instruction, flighttesting, aircraft dispatch, aircraft maintenance orpreventive maintenance, aviation security orscreening, or air traffic control duties incommercial aviation
Operate commercial motor vehicles in interstatecommerce when (1) the vehicle has a GVWR of26,000 or more pounds; or (2) the vehicle is designedto transport more than 15 passengers including
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the driver; or (3) the vehicle is used in thetransportation of hazardous materials in a quantityrequiring placarding
Perform railroad services subject to the Hours ofService Act (45 USC 61-64b)
Perform operating, maintenance, or emergency-response functions on a pipeline or liquid naturalgas facility
Are crew members on a commercial vessel licensed,certificated, or documented by the U.S. Coast Guard.
Compliance dates vary depending on the number ofemployees and the type of transportation servicesprovided.
Questions?For specific information about compliance with theDOT drug abuse regulations, contact the Departmentof Ransportation, Office of the Secretary DrugEnforcement and Program Compliance, Room 10200,400 Seventh Street, SW., Washington, DC 20590, orphone (202) 366-DRUG.
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Getting More Information
Workplace Substance AbusePrograms
The National Clearinghouse for Alcohol andDrug Information (NCAD1) is a toll-free servicefunded by the Federal Government. NCAD1'sinformation specialists will help you find informationon all aspects of substance abuse from videos andprevention materials, to specific program descriptions,resources in your state, and the latest research results.Many publications and educational materials areavailable free from NCADL (1-800-729-6686)
The Drug-Free Workplace Help line is a toll-freeservice funded by the Federal Government to assistbusiness, industry, and unions on the developmentand implementation of comprehensive drug-freeworkplace programs. (1-800-843-4971)
Coordinators from the Drug Enforcement Administration,the Federal Bureau of Investigation, and the LawEnforcement Coordinating Committee offer a varietyof Technical assistance services to employers onworkplace substance abuse. Contact your local DEA,FBI, or U.S. Attorney's office to locate the nearestcoordinator and ask what type of assistance they offer.
Drug-Free Workplace ActThe contract and/or grant administration officeof the Federal department or agency awarding a contractor grant can also answer questions about the provisionsand requirements of the Drug-Free Workplace Act.
Department of TransportationRegulations
For spetiffc information about compliance with theDOT drug abuse regulations, contact the Departmentof llansportation, Office of the Secretary, Drug
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Enforcement and Program Comphance, Room 10200,400 Seventh Street, SW., Washington, DC 2090,5 orphone (202) 366-DRUG.
State and Local ResourcesThe National Association of State Alcohol andDrug Abuse Directors (NASADAD) coordinates andencourages cooperative efforts between the FederalGovernment and State agencies on substance abuse.Through its Drug-Free Workplace Project, NASADAD isworking through State substance abuse agencies toprovide technical assistance to small businesses developingsubstance abuse programs and policies. NASADADserves as a resource on State drug programs and canprovide contacts in each state. Contact NASADAD,Drug-Free Workplace Project, 444 N. Capitol Street,NW., Suite 642, Washington, DC 20001, or phone(202) 783-6868.
State Drug and Alcohol Programs offices exist acrossthe country. To find your state's office, you can callyour State government, consult your local phone directory,or contact NCADI and NASADAD, listed above.
Community Organizations are available to help withdrug or alcohol problems. Check your 10Cal telephone&rectory under headings such as Mcohol/Dnig AbuseInformation, Treatment, or Counseling. Be sure to lookin the blue pages (government listings and publicservice section), the yellow pages, and the communityservice section,
V. S. GOVIIIIIISST MINTING Orrtets 14)90 - 252-2119
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The U.S. Department of Labor gratefully acknowledgesthe cooperation and technical assistance provided bythe Office of Substance Abuse Prevention, Alcohol,Drug Abuse, and Mental Health Administration,Department of Health and Human Services.
For additional copies of this brochure, or otherresource materials on substance abuse, write or call:
The National Clearinghouse forAlcohol and Drug Information
P.O. Box 2345Rockville, MD 20852(301) 468-2600or 1-800-729-6686 toll-free
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