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Drug Free Workplace Presentation 5 18
- 1. Knapp Trimboli & PrusinowskiandPrevention First How to Build, Implement and Sustain a Drug-Free Work Place
- 2. This presentation is for informational purposes only and is not intended as a substitute for legal advice. Any employer who wishes to adopt a drug-free workplace policy or institute drug testing is strongly advised to obtain and consult with competent counsel experienced in this field.
- 3. Today’s Session Introductions Just the facts: Illegal drug use and the workplace Building the drug free program and policy that works for your business Implementing a drug testing program Implementing a drug detection program (addressing possession and distribution issues onsite and in fleets) Employee privacy and discrimination considerations Policy into practice: options and resources
- 4. Drugs at the Workplace 70% of drug abusers are employed, and, on average, they found jobs in companies with no drug policy or poorly implemented programs* Costs: 40% of all industrial fatalities 33% less productive 300% higher medical costs and benefits than non-abusers 1%-10% payroll costs Drug use and Safety are the top concerns for NJ business (small, med and large)* * Partnership for Drug Free New Jersey workplace report 1/09
- 8. Frequent job changesSource: http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.asp
- 10. What conduct is prohibited.
- 11. Drinking/drugging on the job.
- 12. Being impaired on the job.
- 13. Failing to disclose that they may be impaired.
- 14. Consequences for engaging in prohibited conduct.
- 15. Periods in which the prohibitions apply.
- 16. Circumstances in which testing will occur.
- 17. Random?
- 19. Others?
- 23. Signs and Symptoms of a Substance Problem.
- 25. Where to go for help.Please note that DOL strongly recommends that you have your policy reviewed by a legal consultant, such as a labor/employment attorney, prior to distribution and implementation.
- 27. At first, it was met with suspicion.
- 28. Within a decade, attitudes had changed.
- 29. Persistence of abuse issues in our society.
- 31. Federal regulations mandating substance testing in transportation, and become a model for reliable testing that safeguarded employee rights and emphasized treatment rather than punishment.
- 32. General recognition by the courts, Congress and states that employers have a legitimate interest in using testing as a means of maintaining an unimpaired work force, especially when safety issues are present.
- 34. Random selection by computer-generated random number or similar process. Should truly be random (e.g., cannot “suggest” that certain persons end up on the test list).
- 35. Private sector: permitted in New Jersey only for employees who hold safety-sensitive positions where the need to assure sobriety in the workplace is clear, e.g., a night supervisor responsible for the safe operation of an oil refinery.
- 36. Public sector: permitted in New Jersey only for employers who have a special need to assure that employees holding safety-sensitive positions are capable of performing their functions safely, e.g., police and firefighters.
- 39. Possessing drugs or alcohol on one’s person.
- 42. Public sector employers in New Jersey: applicants may be subjected to testing when the employer can assert a special need such as public safety, or when the applicants seek employment in a highly regulated field such as law enforcement.
- 44. Generally permissible under New Jersey law in both the public and private sectors.
- 45. Mandated under USDOT regulations.
- 46. Follow Up Testing: Testing of an employee who has previously tested positive or has otherwise been found to have abused substances, to assure compliance with substance abuse treatment program or “stay sober” mandate.
- 47. Mandated under USDOT regulations.
- 48. Under New Jersey law, is permissible with employee’s consent, e.g., under a “last chance” return to duty agreement.
- 49. Post Accident Testing: Testing of an employee immediately following an accident involving or caused by the employee.
- 50. Mandated under USDOT regulations.
- 52. Having a prior history of abuse is protected, provided it is truly a prior history.
- 54. Illinois case: “forcing” an employee to “admit” that she was an alcoholic when she was not.
- 55. Punish behavior, do not assume a substance problem.
- 56. Allow employee to raise issue.
- 57. Treatment/evaluation only as part of “mutual understanding.”
- 60. Pre-employment
- 63. Not considered “searches,” as they merely detect the presence of odors emanating from substances.
- 64. Bringing the canine into private property without permission of owner constitutes a “search;” but it is the invasion of private property, not the “sniffing,” that constitutes the “search.”
- 65. Canine’s detection of substances provides probable cause for search.
- 66. Private drug detection firms are available for sweeps and deterrence
- 67. Canine and operators must be trained and competent – certification.
- 69. No expectation of privacy in employer’s property, especially when employees are placed on notice of employer’s intention to conduct searches of its property.
- 70. Expectation of privacy may arise by way of employer promise or representation, (e.g., employer provided employee with private desk to which employee alone has access).
- 71. Searches of Employee Property (purses, cars, etc)
- 72. Employee privacy rights balanced against employer’s special need to conduct search.
- 73. Demonstrated prevalence of substance abuse.
- 78. Accepting drug use and alcohol abuse as part of modern life and a cost of doing business
- 79. Over reliance on drug testing
- 80. Focusing on termination of users rather than rehabilitation
- 81. Reluctance of supervisors to confront employees on the basis of poor performance
- 82. Reinforcing an individual's denial regarding the impact of his or her alcohol and drug use
- 83. Restricting benefits and/or access to treatment of alcoholism and addiction
- 85. The need to know and rights to privacy
- 87. Respect for employees and the safety of all
- 90. Effects on drug use
- 91. Impact on work
- 92. Impact on them
- 93. What you will do
- 95. Next steps Join our program on July 16th 12-1:00pm Drug Users on Your Payroll: Drug Recognition, Concealment Strategies and Intervention We will cover: Physical signs Behavioral indicators (users and dealers) Concealment strategies Testing and Hiding When and how to intervene and barriers to intervention
- 96. Thank You Copyright © 2009, Knapp, Trimboli & Prusinowski, L.L.C. All Rights Reserved
Editor's Notes
- Costshigher absenteeism; more accidents; higher health care costs; more theft; workplace violence; decreased productivity; lower profits to your bottom linSmaller firms may be particularly disadvantaged by worker substance use and abuse. For example, while about half of all U.S. workers work for small and medium sized businesses (those with fewer than 500 employees)29, about nine in ten employed current illicit drug users and almost nine in ten employed heavy drinkers work for small and medium sized firms.30 Likewise, about nine in ten full-time workers with alcohol or illicit drug dependence or abuse work for small and medium size firms.31 However, smaller firms are generally less likely to test for substance use.32 (29 statistics of U.S. Businesses, 2005, U.S. Census Bureau, available at http://www.census.gov/csd/susb/index.html30 Larson, S.L., Eyerman, J., Foster, M.S., and Gfroerer, J.C. (2007). Worker Substance Use and Workplace Policies and Programs (DHHS Publication No. SMA 07-4273, Analytic Series A-29). Rockville, MD: Substance Abuse and Mental Health Services Administration, Office of Applied Studies.)70% of all illegal drug users are currently employed40% of all industrial fatalities33% less productive300% higher medical costs and benefits than non-abusers1%-10% payroll costs
- http://www.dol.gov/asp/programs/drugs/workingpartners/stats/wi.aspThe major industry groups with the highest prevalence of illicit drug use in the past month were accommodations and food services and construction, and those with the lowest prevalence were the utilities industry, educational services, and public administration.12 About 16.9 percent of workers in the accommodations and food services industry and 13.7 percent of workers in the construction industry reported illicit drug use in the past month.13According to 2002-2004 data, among full-time employed persons diagnosed with a substance use disorder, those ages 18-25 had the highest rates of substance use disorder relative to those in other age categories.10
- http://www.dol.gov/elaws/asp/drugfree/menu.htm