4. Policy Guidelines Policy Guidelines And Training For Supervisors: Companies must provide supervisors with training that familiarizes them with job performance warning signs reflective of drug and alcohol abuse. Certain characteristic symptoms and signals can be noted. However, without specific guidelines as to what to do if an individual employee appears to be unfit for duty or appears to have drugs or alcohol in his possession, the supervisor is unable to carry out his responsibility for enforcement of the company policy and for the safety of the workforce under his supervision. One such example of specific procedural direction takes the supervisor through a stepby-step process, commencing with the observation of the employee's behavior, the advisability of getting a second supervisor's opinion (if practical), requesting the employee to explain his behavior, agreement to include a union steward if requested during this initial discussion, how the employee is taken to a designated medical resource for a fitness-forduty examination, and what to do if the employee refuses to go for such a physical, notification to law enforcement if drugs or suspected drugs are found, and other specific proce dural steps that supervisors should take to enforce the fitness-for-duty rule. A complementary example of supervisory direction is reflected by guidelines contained in a question-and-answer format for supervisors. This method provides supervisors with specific direction based on actual questions asked by employees and supervisors about company drug and alcohol abuse policy and procedures. The answers have been backed by specific medical research, court and arbitration decisions, and legal and labor relations interpretation of company policy. Supervisory Guidelines for Administering the These guidelines are for use by supervisors at all levels throughout the Company. They are intended to provide assistance in the administration of the Company's drug and alcohol abuse policy. 1. Each supervisor has a responsibility to assure himself that employees under his supervision are at all times free from the influence of alcohol or illegal drugs. 2. Employees who have a drug problem and who ask for help should be referred immediately to the Company's Employ Assistance Program. This request for assistance may not be used by an employee as a means of avoiding disciplinary action if he or she has violated the Company's drug abuse policy. 3. Each supervisor is responsible for taking appropriate action whenever an employee's demonstrated judgment or performance seems to be impaired by the possible use of alcohol or drugs. When a supervisor suspects that an employee is "unfit for duty", he should arrange, if practical, for at least one other supervisor to observe and evaluate the employee's behavior. The employee's supervisor should ask the employee to explain why he appears unable to perform his job. If a bargaining unit employee requests that a steward be present, management should comply with the request, assuming it can be arranged promptly. Should the employee fail to explain his impaired condition to the supervisor's satisfaction and it is still the supervisor's determination that drugs or alcohol may be involved, he should accompany the employee or arrange for him to be taken by another management employee, to the designated Company physician for testing. If the employee refuses to go. he should be warned that he may still receive severe discipline pending further investiga tion. Depending upon his condition, he should then be sent or taken home and told when to report back to work. The supervisor should exercise caution in committing to any specific disciplinary action or how the employee's pay may be handled. 4. When a supervisor observes the use, sale or possession of illegal drugs or alcoholic beverage by employees on the job, the supervisor should take the following steps: A. Immediately confiscate all alcohol, drugs and/or drug paraphernalia if possible. As soon as time permits, get another supervisor and the Company's Security Department or the designated drug awareness coordinator to participate in the early stages of the investigation. B. Separate the employees involved and take them to a location where they can be questioned individually about the incident. C. With another supervisor present, question the employees individually about the incident. Allow a steward to attend the questioning if the employee requests it. D. Report the incident to your superior, the Company's Security Department, and either the Labor Relations or Personnel Department depending on whether the employee is a member of the Union. E. While it may be appropriate to conduct a search of the employee's locker, personal effects or clothing, recognize that certain legal requirements must be met if the search is to be considered valid for any future purposes. Consult your local management and the Security Department. They may recommend contacting local law enforcement authorities. It may also be necessary to take action if the employee appears to be under the influence of the drug or alcoholic beverage he was observed with. In this case, refer to Item 3 in these guidelines. F. As soon as Steps (A) through (E) have been compieted, turn any confiscated drugs or paraphernalia over to the Security Department or appropriate law enforcement authorities. A signed receipt should be obtained from any outside agency. G. If the employee has not been removed from Company property by law enforcement personnel, send him home or take him there, depending on his condition. Make no commitment regarding whether the employee will be paid or what discipline will follow. After the investigation is complete, the employee should be given the opportunity to respond to the results of the investigation. After hearing what the employee has to say. the appropriate discipline that management considers consistent with the nature of the offense should be given. 5. Following any incident that might fall under these guidelines, it is essential that the supervisor immediately make a detailed record of all actions, observations, statements and other pertinent facts, to include date, time. location and witnesses to the incident. 6. An employee who has been arrested for a drug or alcohol-related offense off Company property should not be permitted to report for work until the Labor Relations or Personnel Department has been consulted. 7. If drugs or drug paraphernalia are found on Company property, and it is not obvious who the owner is, the first step should be to report the incident to your supervisor and the Security Department (or the designated drug awareness coordinator). An effort should be made to determine the owner of the property by questioning supervisors who may have been in the immediate area. Upon instruction from the Security Department, the appropriate law enforcement authorities should be contacted and all drugs and illegal drug paraphernalia should be turned over to them. A signed receipt should be obtained from the authorities. 8. If a supervisor receives a report that an employee has violated the Company drug policy. the supervisor should try to obtain as much detailed information as possible from the person reporting the violation. The supervisor's superior, the Security Department, Labor Relations, and Personnel should then be notified. Unproved allegations of drug policy violations shall be kept highly confidential and shall only be discussed with management level individuals who have a need to know by virtue of their position of responsibility. Supervisors' Questions and Answers about the Drug and How can I tell when an employee is "not in a condition" to perform his work? An employee's physical appearance, unusual behavior, slurred speech, incoherent manner, lack of coordination, etc. may indicate that he is "not in a condition" to perform his work. For specific signs of possible drug use, a supervisor should refer to the training material that has been supplied. Is it possible for a foreman to determine whether an employee is actually under the influence of alcohol or drugs? It is not possible without a chemical analysis for a supervisor to determine whether an employee is under the influence of a specific drug. In obvious cases, however, a supervisor can. if necessary, determine that an employee is "under the influence." Supervisors should generally rely on a fitness for duty exam before coming to any conclusion. but in rare circumstances when an exam cannot be administered, the supervisor, with the aid of another supervisor's observation, can reach a determination that would be valid for purposes of discipline. Is it possible for an employee to sue me if I accuse him of being drunk? Yes. if you do so in an arbitrary or capricious manner. That is why a supervisor should never accuse an employee of being drunk or on drugs. He should ask the employee for an explanation when the employee appears unfit and should take him to the doctor for an exam. No matter how certain the supervisor may be, he should always wait until all the available facts are in before telling an employee his conclusions and taking action. The Company as a matter of policy provides legal assistance in law suits arising from a supervisor's performance of his duty. What should I do if an employee comes in smelling of whiskey or beer? The smell of alcoholic beverages often lasts longer than their effects, so the presence of an alcohol odor alone is not a fool-proof indication that an employee is intoxicated. It is, however, a warning sign, and the supervisor should keep a close eye on the employee for additional indications. If the employee comes in repeatedly with an alcohol odor, the supervisor should talk to him both about his hygiene and about the availability of the Employee Assistance Program. Reproduced with permission of Commonwealth Edison Company-- How should I handle borderline cases where I think the employee may be “unfit for duty", but I'm not sure? No guidelines can be so specific as to cover every situation. Two factors should be kept in mind, however. First, safety is always our primary consideration, and if any doubt exists about an employee's fitness to perform a hazardous task, take him off the job. Second, taking an employee for a fitness for duty exam is not a form of discipline. If the lab reports back that the employee had no foreign substances in his system. he is simply paid for the time he was on administrative suspension and he comes back. Don't be afraid to use the procedure when doubt exists, though don't use it so frequently that employees feel harassed. Why is it important for a member of supervision to accompany an employee to a fitness for duty exam? Three reasons: a) In most cases, when an employee is unfit to do his job. he is also unfit to drive to the doctor; b) It is important that a fitness for duty exam be administered as soon as possible to get an accurate indication of the employee's condition when he was on the job (Some chemical substances are undetectable within just a few hours of their being taken); c) Supervision should be present and in control of the situation until the employee is completely on his own time. What should a supervisor do if an employee will not allow him to drive him home? We should take all reasonable steps to ensure that someone under the influence does not try to drive. If he will not ride with his supervisor. suggest that one of his co-workers take him. If that doesn't work, try to get one of his family members to pick him up. How long does it take to get the results back from a fitness for duty exam?. Usually two or three days. When the doctor takes his samples. he sends them to a laboratory for analysis. It takes that much time for the shipping and lab work. During this time the employee should be placed on administrative suspension. What should I do if I see a number of employees using drugs and the possibility exists that they may become hostile if confronted? Get help. Depending on the situation, contact other supervisors, the Security Department or local law enforcement. Supervisors should not allow illegal activity on Company property to go unchallenged. They should not, however, subject themselves to unnecessary risk. What should I do if an employee refuses to surrender a suspicious substance when so instructed? Accompany the employee to your office or work station while observing that he does not dispose of the substance. Repeat your instruction in the presence of another supervisor, warning the employee that his refusal is an act of gross insubordination and subject to discipline up to and including discharge. If he still refuses, send him home without commenting on specific discipline, then conduct your investigation. Be sure to consult with your supervisor and with the Labor Relations or Personnel Department. How important is it to have another supervisor present when I question an employee? It is essential, especially if the employee chooses to challenge your action later on. It is also helpful if a covered employee exercises his right to have a union representative on hand as his own witness. What are the legal limitations that apply to searching lockers, desks, or work stations? That depends on the purpose of the search. If the end result will be disciplinary action by the Company, supervision has an almost unrestricted right, since lockers and desks are Company property. Caution must be taken, however, to avoid any searches that are discriminatory or harassing in nature. It is a good idea to have another member of management and a shop steward, if applicable, as witnesses. If the purpose of the search is criminal prosecution, a much higher standard of conduct applies. The courts require that "reasonable cause" exist and that a search warrant be issued. For this kind of search the Security Department and/or local law enforcement should be involved. What should I do with any drugs that I find? Major work locations will have at least one member of management acting as a drug awareness coordinator. These people are trained by our Security Department in the proper handling of contraband. If you cannot contact the nearest drug awareness coordinator, call your supervisor and the Security Department. Keep the suspicious substance under your direct custody to avoid it being tampered with, and try to hand it over to another authority as quickly as possible. What if an employee is arrested off Company property for suspected drug activity? Call the Labor Relations or Personnel Department. Many of these cases fall into a grey area and require considerable thought and research into past practice. We have a limited right to determine that an employee does not have sufficient moral character to remain in our employ. We must be extremely careful, however, in deciding on an employee's guilt or innocence independent of a court finding. If the facts indicate guilt, the Company has a right to take disciplinary action regardless of the outcome of any court action. Are our Company doctors aware of our drug and alcohol abuse program? Yes. In fact, the Safety and Health Department and the Company's chief physician assisted in the program's development. They have contacted all major Company doctors. What if an employee says he has been drinking when he is called to come in to work on an off day? The supervisor should try to ascertain how much the employee has had to drink and when. Ask the employee if he thinks he is in condition to work. If the slightest doubt exists, get someone else to do the job. Remember Company policy prohibits working when under the influence. Consult your supervisor when a difficult judgment call comes up. What if an employee suspected of being unfit for duty requests union representation, but a steward is not readily available? If the shop or department steward is not on the job he should be called in and paid accordingly. If he cannot commit to arrive within a reasonable period of time (within one hour), instruct the employee that he must choose another member of the bargaining unit as his representative. Tell him why. Remember, if too much time elapses between the time an employee is judged to be unfit and the time he is examined, reliable test results may not be obtainable. |