Employee Relations Overview

Report
DEALING WITH ALCOHOL & DRUGS
IN THE WORKPLACE
Bob Paul
Director Employee Relations
BAE Systems
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WHAT DO YOU DO?
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Two employees report to you that Dan smells
like alcohol. They tell you it is well known in the
group that Dan has a drinking problem. You call
Dan to your office, but can’t smell anything, and
he seems fine to you.
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Overview of Drug-Free
Workplace Act (USC Title 41, Chapter 10)
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Applies to individuals or organizations with contracts
or with grants from the Federal Government greater
than 100K
Must establish and communicate policies on drug
awareness
Certify that company will provide a drug free
workplace
Issue a policy
Sponsor an awareness program
Employees must notify employer of any drug
conviction involving conduct in the workplace
Impose remedial programs or sanctions
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BAE Systems’ Drug-Free Workplace Policy
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Prohibits the use, possession, distribution,
dispensation, manufacture of controlled
substance or alcohol at company work sites
Establishes drug/alcohol testing protocols
Provides for sanctions and/or rehabilitation
Adopts DOT requirements
Describes availability of EAP services
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EMPLOYEE ASSISTANCE PROGRAM
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EAP records are separate from personnel records
and can be accessed only with a signed release
from the employee
EAP professionals are bound by a code of ethics
to protect the confidentiality of the employees
and family members that they serve
There are clear limits on when and what
information an EAP professional can share and
with whom
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EAP LIMITS ON CONFIDENTIALITY
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Disclosure of child abuse, elder abuse and serious threats of
homicide or suicide as dictated by state law
Reporting participation in an EAP to the referring supervisor
Reporting the results of assessment and evaluation following
a positive drug test or last chance agreement
Verifying medical information to authorize release time or
satisfy fitness-for-duty concerns as specified in company
policy
Revealing medical information to the insurance company in
order to qualify for coverage under a benefits plan
Revealing behavior that threaten National Security
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WHAT DO YOU DO?
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Two weeks later, you ride up the elevator with
Dan and notice a strong smell of alcohol. You
invite Dan to your office and notice he is
unsteady and slightly slurring his words. When
you confront him regarding your observations,
he tells you he just got new dentures, which he is
adjusting his speech to. He also says he is on
blood pressure medication that has a side effect
that makes his breath smell like alcohol.
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BAE SYSTEMS’ PROBABLE CAUSE
PROCESS
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Reasonable suspicion that a person may be under the
influence of drugs or alcohol
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Two members of management or their designee concur
through articulable observation of behavior, that the person
may be under the influence of drugs or alcohol
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Observations must be documented and signed by the
observers
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Employee must submit to immediate testing as a condition
for continued employment
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Positives result in rehabilitation or termination
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PROBABLE CAUSE
OBSERVABLES
BEHAVIOR
Angry Outbursts
Inappropriate, uninhibited behavior
Clumsy, decreased motor coordination
Irritable, moody
Drowsy, sleepy
Lethargic
Erratic Mood Swings
Exhibits signs of Paranoia
Restlessness, hyperactive, fidgety
Falling Down
Staggering
Hallucinations
Stumbling
Hostile, belligerent Threatening
Inappropriate gaiety Unusual confusion
SPEECH
Broken Thoughts/Sentences
Loud, boisterous
Cursing, inappropriate speech
Nonsensical, silly
Exaggerated enunciation
Rapid, pressured
Excessive talkative Repetitive/Rambling
Incoherent
Slurred, thick
Irrational
Threatening
APPEARANCE
Clothing
Red Eyes, bloodshot
Cold, clammy, sweats Sleeping/Sleepy
Constricted (pinpoint) pupils
Sweating
Dilated (large) pupils Tremors
Disheveled clothing Unfocused, blank stare
Flushed complexion Unkempt grooming
BODY ODORS
Alcohol Marijuana
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REHABILITATE OR TERMINATE?
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Automatic termination if past offender
Rehabilitation requirements:
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Manager must be willing to commit to rehab process
Employee must admit problem and commit to
treatment
Employee serves 2-4 week disciplinary suspension
Employee must execute a “last chance agreement”
upon return to work
Our experience: only 20% success rates with
rehabilitation approach
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Do’s for Supervisors
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DO emphasize that you only are concerned with work
performance or conduct
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DO have documentation or performance in front of you when
you talk with the employee
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DO remember that many problems get worse without assistance
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DO emphasize that conversations with an EAP, if applicable, are
confidential
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DO explain that an EAP is voluntary and exists to help the
employee
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DO call an EAP to discuss how to make a referral
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DO Involve HR and/or Medical when you suspect a problem
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Don’ts for Supervisors
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DON’T try to diagnose the problem
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DON’T moralize. Limit comments to job performance
and conduct issues only
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DON’T discuss alcohol and drug use
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DON’T be misled by sympathy-evoking tactics
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DON’T cover up. If you protect people, it enables them
to stay the same
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DON’T make threats that you do not intend to carry out
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DON’T go it alone
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