Presented by: Becky Sicble, SPHR, SHRM-SCP, MMGTHuman Resource Officer

ND Human Resource Management Services600 E. Boulevard Ave., Dept. 113, Bismarck, ND 58505-0120

Phone: 701-328-3299 Fax: 701-328-1475 Email: blsicble@nd.gov

Drug Free Workplace

A few interesting statsIn 2013, an estimated 24.6 million Americans aged 12 or older—9.4percent of the population—had used an illicit drug in the past month.

According to recent data, 67.9% of all adult illegal drug users are employed full or part time.

According to a national survey conducted by the Hazelden Foundation, more than 60% of adults know people who have gone to work under the influence of drugs or alcohol.

Well, that’s not the case here in ND… right?

It is…

And, it’s been the case for awhile…

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1999200020012002200320042005200620072008200920102010201120122013

ND Dept. of Health Statistics

Accidental deaths in ND due to drug use

ND Attorney General’s Office reports:• Drug/Narcotic Violation offenses

increased by 26.8% from 4,064 in 2013 to 5,154 in 2014 per year

• Drug/Narcotic Violation arrests increased by 17.7% from 3,399 in 2013 to 4,000 in 2014 per year

WOW!

The harsh reality…Substance abuse IS a serious workplace concern…

…even here in ND

It’s up to YOU to create a workplace environment that establishes the expectations for your employees and your customers.

Agenda for today’s session:1. What can an employer do to provide a drug free workplace for their

employees and the public? 2. What workplace policies an employer should have based on best practice

standards? 3. What training managers and employees should receive based on the

policies? 4. When / how an employer should test in compliance with those policies?

Agenda item #1:What can an employer do to provide a drug free

workplace for their employees and the public? Step 1: Develop a drug free workplace policy that sets clear expectations

What is the purpose of the policy?What are the expectations of employees?What happens if an employee doesn’t follow the policy? What resources are available to employees (i.e., EAP)?What is required of employees per program guidelines?What employee activity is required per drug free program guidelines?What employee activity is prohibited per drug free program guidelines?What (if any) testing will be required, how will tests be done, how will files be kept, etc.?

Step 2: Distribute the policy and provide training to staff

Step 3: Enact the policy

Step 4: Follow it!

Agenda item #2: What workplace policies an employer should

have based on best practice standards?

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OMB’s Substance Abuse PolicyOMB’s desire is to provide a drug-free, healthful, and safe workplace. Employees are required to report to work in a condition to perform their jobs in a safe, efficient, and satisfactory manner. The presence of alcohol and other drugs on the job and the influences of those substances on employees during working hours are inconsistent with the objectives of a drug and alcohol free workplace and will not be tolerated.

While at OMB’s workplace and while conducting business-related activities of OMB, no employee may use, possess, manufacture, distribute, sell, or be under the influence of alcohol or illegal drugs or use legal drugs illegally. In addition, the legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to meet standards and perform the essential functions of the job in a safe manner that does not endanger other individuals, equipment, or property in the workplace.

What is the purpose of the

policy?

What are the expectations of

employees?

Employees may be disciplined up to and including termination of employment for use of illegal drugs, illegal use of legal drugs, or use of legal drugs such as alcohol or other prescription/ nonprescription drugs. Discipline may be imposed for use during official working hours, including mealtime or other work breaks, or during nonworking hours when the effect of the legal drug inhibits the employee’s job performance or the agency’s performance. In addition, discipline may be imposed when the employee’s behavior affects the agency’s reputation, endangers others, or damages equipment or property. Off duty use of alcohol or other legal drugs is also cause for discipline when it results in an employee reporting to work “under the influence.”

Violations of this policy may lead to disciplinary action, up to and including termination of employment, and/or participation in a substance abuse rehabilitation or treatment program. Violations may also have legal consequences.

What happens if an employee

doesn’t follow the policy?

(Part 1)

OMB’s Substance Abuse Policy

A manager may require an employee to leave the workplace if the manager determines the employee has reported to work in an inappropriate condition and cannot perform the essential functions of the job effectively in a safe manner that does not endanger themselves or others. The employee may be required to use a day of annual leave or sick leave. If the manager determines the employee should not operate a motor vehicle, the manager should arrange transportation for the employee. If the employee refuses to accept transportation and insists on operating a motor vehicle, they will be informed by the manager that law enforcement officials will be notified that the employee appears unfit to operate a motor vehicle. Law enforcement officials should then be appropriately notified.

What happens if an employee

doesn’t follow the policy?

(Part 2)

OMB’s Substance Abuse Policy

To inform employees about important provisions of this policy, OMB has established a drug-free awareness program. The program provides information on the dangers and effects of substance abuse in the workplace, resources available to employees, and consequences for violations of this policy.

Statement of employer’s drug

free program existence

Employees with questions or concerns about substance dependency or abuse are encouraged to use the resources of the Employee Assistance Program. Employees may also wish to discuss these matters or this policy with their supervisor or HRMS to receive assistance or referrals to appropriate resources in the community.

What resources are available to

employees (i.e., EAP)?

OMB’s Substance Abuse Policy

Under the Drug-Free Workplace Act, an OMB employee who performs work for a government contract or grant must notify OMB of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within fivedays of the conviction. All OMB employees are required to sign a drug and alcohol free workplace acknowledgement (SFN 16769).

What employee action is required

per program guidelines?

The use of alcohol and illegal use of drugs while operating a state vehicle is prohibited. Individuals operating a state vehicle under the influence of alcohol or illegal drugs will be subject to disciplinary action up to and including termination of employment. The use of legal prescription or nonprescription drugs while operating a motor vehicle may also result in disciplinary action when the drugs impair the employee’s ability to drive.

What employee action is

prohibited per drug free program

guidelines?

OMB’s Substance Abuse Policy

Have the employee sign the “Drug-Free Workplace Acknowledgment” form

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What workplace policies an employer should have based on best practice standards?

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The Drug-Free Workplace Act of 1998 requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a federal agency. Covered employers must have a policy prohibiting the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace and specifying what actions will be taken in the event of violations.

Employers are required to provide the drug-free workplace policy to the employees including the requirement to notify the employer within five days if convicted of a criminal drug offense occurrence within the workplace. Employers must also provide communication to employees about the dangers of drugs in the workplace and the availability of employee assistance programs.

HR Reference Guide for Local Governments in ND

If an employee is convicted of a drug crime that occurred in the employer’s workplace, the employer must take certain actions against the employee and notify the contracting or granting government agency. Failure to comply with these provisions or any of the Drug Free Workplace Act’s other requirements can result in serious consequences. If a contractor violates the above-stated requirements, its contract may be suspended or even terminated.

Additionally, if enough of a contractor’s employees have been convicted of criminal drug offenses for conduct occurring in the workplace, a federal agency can conclude that the contractor has failed to make a good-faith effort to provide a drug-free workplace and the same serious consequences of contract suspension or termination may follow.

HR Reference Guide for Local Governments in ND

The Drug-Free Workplace Act of 1998 requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a federal agency. Covered employers must have a policy prohibiting the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace and specifying what actions will be taken in the event of violations.

Employers are required to provide the drug-free workplace policy to the employees including the requirement to notify the employer within five days if convicted of a criminal drug offense occurrence within the workplace. Employers must also provide communication to employees about the dangers of drugs in the workplace and the availability of employee assistance programs.

HR Reference Guide for Local Governments in ND

There are several types of testing not mandated under the Drug-Free Workplace Act but are optional to the employer. When adopting a substance testing program, the employer should have a written policy that includes the process, confidentiality of records, and the ramifications of a positive drug test. The policy should identify that drug testing requirements are administered in an equitable and non-discriminatory manner.• Pre-employment - Policy should identify if all new employees will be required to take a

drug test for specific job categories. The policy should identify consequences of refusing, such as being denied employment

• Random - Policy should apply to all employees or just those in safety sensitive functions. The policy should identify how employees will be selected.

• Reasonable Suspicion OR Probable Cause - If an employee’s conduct or work performance gives reasonable suspicion to believe that the employee may be under the influence of drugs or alcohol while at work or when representing the employer, the employee may be asked to take a drug test. Refusal to test may be grounds for termination.

• Post-Accident - An employee involved in an on-the-job accident may be asked to take a drug test.

HR Reference Guide for Local Governments in ND

LOTS of other resources available

From this…

To this…

Whatever you choose to put in your policy, make sure you have legal review it PRIOR to enacting!IMPORTANT NOTE:

Agenda item #3: What training managers and employees

should receive based on the policies?At a minimum, supervisory training should include:• Your drug-free workplace policy;• Their specific responsibilities in implementing the policy; and• Ways to identify and address job performance problems that could be related

to substance use.

At a minimum, employee training should include:• Your drug-free workplace policy;• Specific responsibilities in implementing the policy; and• Ways to identify and address job performance problems that could be related

to substance use.

Upcoming Training Opportunity!

Agenda item #4: When / how an employer should

test in compliance with those policies?

Well, it depends on what your policy says

Summary1. What can an employer do to provide a drug free workplace for their

employees and the public? 2. What workplace policies an employer should have based on best practice

standards? 3. What training managers and employees should receive based on the

policies? 4. When / how an employer should test in compliance with those policies?

Questions?

Presented by: Becky Sicble, SPHR, SHRM-SCP, MMGTHuman Resource Officer

ND Human Resource Management Services600 E. Boulevard Ave., Dept. 113, Bismarck, ND 58505-0120

Phone: 701-328-3299 Fax: 701-328-1475 Email: blsicble@nd.gov