Supervisor reasonable suspicion training sl 2020

A powerpoint for managers who think employees could be impaired.

1. Supervisor Reasonable Suspicion Training

2. Overview DOT origins What is reasonable suspicion Statistics Marijuana appearance and smell. Impairment signs Barriers to asking for test Police Impairment tests Forms test

3. Illinois (410 ILCS 705/10-50) (d) An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee's performance of the duties

4. Illinois (410 ILCS 705/10-50) including symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or others, or involvement in any accident that results in serious damage to equipment or property; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others. If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.

5. Illinois (410 ILCS 705/10-50) If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.

6. (820 ILCS 55/5)   Sec. 5. Discrimination for use of lawful products prohibited. it shall be unlawful for an employer to refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual uses lawful products off the premises of the employer during nonworking and non-call hours. “For current employees, a failed drug test can no longer be the only basis for discipline or termination” – Benjamin Lowenthal

7. Objectives At the end of training, Supervisors should understand: Supervisor Roles and Responsibility Cost of Abuse Types of Testing Reasonable Suspicion Process Identify workplace problems Intervene in problem scenarios Protect confidentiality

8. Key Point Never send an impaired person to drive themselves home

9. DOT Training Roots Started with DOT Two hours of drug and alcohol awareness training Certified supervisors are required to have this training

10. Costs of Abuse Loss of production Absenteeism Tardiness Reduce quality Higher accidents Increased health costs 85% more injuries; 55% more industrial incidents; and 75% higher absenteeism rate. - NSC

11. Drug Policy If testing- then must have written policy Goal is to protect health and safety of all employees, customer and the public.

12. Illegal Drugs Prohibited

13. Legal Drugs Marijuana Prescriptions Alcohol New years day Collinville IL

14. Failed Test Terminate or Drug program Substance Abuse Professional agree that employee comes back to work.

15. Refusal Termination

16. Denial Denial of problem Denial of performance issues

17. Symptoms of Abuse Recognizing symptoms may help identify problems before it gets worse. Supervisor Approach is always based on job performance only Never accuse employee of drug abuse

18. Symptoms of Abuse - Behavior Impaired Coordination Restlessness Unkempt Irritable Excessive Talking Slurred Speech

19. Symptoms of Abuse - Emotional Aggression Burnout Anxiety Depression Paranoia Denial

20. Symptoms of Abuse – Job Performance Frequent Absences Lateness Decreased productivity Increased errors Accidents

21. Symptoms of Abuse – Physical Weight loss Bloodshot eyes Dilated eyes Fatigued Cough Aroma on clothing

22. Enabling Behavior - Supervisor Lets employee function below standards Personal friendship Fear of department exposure Lends money

23. Enabling Supervisor Reasons Sympathy Excuses Apology Innocence Anger Pity Tears

24. Company Legal Responsibility Failing to act To provide a safe and healthful workplace Protect shareholders Responsible for employees' action on the job

25. Confidentiality Problems will not be made public Treatment is not public record Do not demean or label people

26. Steps Observe Document Prepare Confront / Meet Followup

27. Observe Job Performance Change in behavior Apply standard of behavior to all Do not discuss with other employees in department Discuss with HR and Management

28. Document Absenteeism Late Leaving early Unusual excuses for absences

29. Document Performance Complaints from other workers Wasting material Low productivity Accidents Difficulty understanding instructions

30. Document Co-worker Relationship Criticisms Borrowing money Resentment Avoidances Arguments Excessive talking

31. Document on Form Prevents your word vs. mine Provides a record of observations

32. Prepare Meet with HR and Boss Get support Discuss performance

33. Meet Purpose is to address the performance issue Be mentally ready Set stage Get witness if you think necessary Employee will be defensive

34. Handling Difficult Behavior When a worker is defensive or denies your comments. Listen respectfully. Repeat your observations and reasons for concern. Emphasis the company policy. Point out the situation requires testing. Document the encounter (in all scenarios)

35. Handling Difficult Behavior The worker cries. Listen and respond with kindness and respect. Allow a few moments for the worker to regain composure. Make clear you are not placing blame. Put emphasis on company policy and the need to follow through on what you have observed for everyone safety.

36. Handling Difficult Behavior When the worker remains silent. Use non-threatening questions such as “Is there anything you would like to say. Make clear you are not placing blame. Put emphasis on company policy and the need to follow through on what you have observed for everyone safety. Remain quiet until the driver responds

37. Handling Difficult Behavior When the worker is aggressive or combative Maintain your composure and use a calm tone of voice. Avoid yelling as it could escalate aggressive behavior and make matters worse. Ignore inflammatory remarks. Stick to the facts and repeat them as necessary.

38. Handling Difficult Behavior When the worker is uncooperative. Repeat your observations and the need for testing with a calm and controlled voice. Stick to the facts.

39. Emphasis Performance Does employee acknowledge the issue? What is the response?

40. Common Comebacks You can’t make me take a drug test What I do on my own time is my business It is legal Tests do not show impairment Let’s Keep it between ourselves We have been together a long time

41. Summary I, ______________ certify that I attended supervisor drug awareness and reasonable suspicion training. Training covered drug abuse, symptoms, general policies, and reasonable suspicion training. Name, Date, Signature _________________________