cannabisnews.com: Firm Policy Can Ensure a Drug-Free Environment Firm Policy Can Ensure a Drug-Free Environment Posted by FoM on December 06, 2000 at 09:12:32 PT By Joyce M. Rosenberg, Associated Press Source: Los Angeles Times One of the toughest problems an employer can face is dealing with a worker who appears to be abusing alcohol or drugs. On a personal level, it can be an unpleasant situation, but for a small business, an employee who is a substance abuser can cause some severe economic damage as well. With alcohol or drug abuse, as with many other employment issues, it's best to have a policy and procedures in place. Being prepared helps reduce the risk of legal repercussions, and it might also ease some of the stress you'll feel in handling such a difficult situation. If you have no idea how to begin putting a policy together, you can start with information from the National Clearinghouse for Alcohol and Drug Information. Its Web site contains a section called "Making Your Workplace Drug Free: A Kit for Employers," at: http://www.health.org/govpubs/workit Or you can get a copy by calling (800) 729-6686. Another way to create it is with the help of a human resources professional. Chances are, if your firm is small, you can't afford--and probably don't need--a full-time HR person. There are plenty of independent HR consultants who can advise you. If an employee has a problem, the odds are good that you'll first notice something's wrong because his or her attendance, performance or behavior will change. Maybe the first sign will be tardiness, or work that isn't getting done. Maybe money or equipment will be missing. Maybe customers will have complaints. Unless you're experienced in handling this kind of situation, don't try to do it alone; get some help from an outside HR consultant. There are several reasons, including some legal issues, that could affect your company. For example, if you have 15 or more workers, your employee might be covered under the federal Americans With Disabilities Act. State laws might also apply. Employers Not to Determine Abuse: It's almost inevitable that a supervisor--and that could be you, the company owner--will need to confront the employee. Human resources professionals say you should address the symptoms of the problem--the performance and behavior changes--and not tell the worker that he or she has a substance-abuse problem. "You're not qualified to make that determination. You're not a doctor," said Mary Beth Ryan, a senior professional in human resources and a principal and senior consultant with Ryan & Associates in Federal Way, Wash. She noted that sometimes employees are having problems related to prescription drugs. If you accuse an innocent person of drug abuse, you might find yourself with an angry employee--or even an ex-employee. The National Clearinghouse's Web site has a very helpful section called "The Drug-Free Workplace: A Guide For Supervisors and Managers," at: http://www.health.org/govpubs/workit/guide.htm which spells out the process for dealing with employees you suspect of substance abuse. It starts with being attentive to changes in the employee's behavior or performance, observing the employee to see whether these changes continue and then documenting any problems. When you confront the employee, it isn't going to be easy. You'll be nervous, and your employee will very likely answer your complaints and questions with denials, anger or excuses. That's another reason to be prepared. A human resources expert can coach you on how to handle the roadblocks a defensive worker tries to place before you. The National Clearinghouse site has sections called "How to Begin and End a Conversation" and "Barriers That Arise When Addressing Employee Problems." Address Worker's Performance Problems: Ryan suggests starting out by stating the performance problems. "Tell them they're jeopardizing the product or the customer or there's been some problems with other employees complaining or feeling uncomfortable," she said. You can ask the employee for an explanation, and then you need to state that you expect to see an improvement within a specified amount of time. You should also give the employee a letter spelling out what you've discussed. Let's say you've given the employee three months to shape up. At the end of that time, nothing's changed. Go back to your HR consultant; it might be time to dismiss this worker. It might be that the employee's behavior involves something more egregious than lateness or sloppy work. Perhaps you can prove the employee has committed a crime against your company, such as theft. In that case, you want to terminate the worker immediately; get a lawyer and be sure you're on solid ground. But it may never come to that. Ryan said many employees when confronted will quit on their own. You might want to help the employee get some help. Some HR experts advise against it, saying you should stick to the performance issues and let employees resolve the substance problems. Perhaps the best thing to do is to make all employees aware of help for all kinds of emotional and substance abuse problems. If you can afford to affiliate with an employee assistance program, do so. If you provide health insurance, your plan may include one. Ellen Bayer, practice leader in human resources management for the American Management Assn., suggests letting troubled workers know that help is available. "The real benefit is both to the company and the employee in that a potentially health-threatening, as well as business-threatening, situation is being responded to in a humane manner," she said. Workplace: Company rules and procedures help reduce risk of legal repercussions, economic damage as well as stress. Source: Los Angeles Times (CA)Author: Joyce M. Rosenberg, Associated PressPublished: December 6, 2000Copyright: 2000 Los Angeles TimesAddress: Times Mirror SquareLos Angeles, CA 90053Fax: (213) 237-4712Contact: letters latimes.comWebsite: http://www.latimes.com/CannabisNews Drug Testing Archiveshttp://cannabisnews.com/news/list/drug_testing.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #6 posted by defenderoffreeworld on December 07, 2000 at 08:50:05 PT: go freedom fighter! i can relate to freedom fighter for every person reacts differently to whatever it is they do. in my case, i also happened to "smoke weed everyday" for a quite extended period of time, and never did i not live up to my responsabilities and duties,or screw it up for other people. stop putting all the drug users in the same category. drug users are not bad people, they are average people and fully functioning members of society. [ Post Comment ] Comment #5 posted by TroutMask on December 06, 2000 at 13:36:57 PT Eh, it could be worse... I was expecting to read a zero-tolerance test-all-employees drug crusade propaganda piece. At least they are willing to wait until the employee messes up instead of assuming guilt until proving innocence. Had this been written even five years ago, the premise may have been much worse. [ Post Comment ] Comment #4 posted by Southam on December 06, 2000 at 12:50:57 PT Hogwash As the posting entitled "Propaganda..." points out this article starts with a false premise, there's no justification for that blanket statement that all use = abuse, and that the best way to go is be a fascist.The describer scenarios read like a pamflet on how to recognize your kids on drugs distributed by DARE.FYI I've smoked Pot regularly for my entire working career which is 10 years now, and I'm considered a valuable asset to my company (in particular stress is not a problem with me) . I'm also married and have a child, pretty much a family man these days (and still smoke).The LAST thing a small company needs is to become involved in the private decisions of it's employees. Measure work by results and all will be well.so much for the article.. [ Post Comment ] Comment #3 posted by aocp on December 06, 2000 at 11:10:01 PT: Whoa! What happened? >With alcohol or drug abuse, as with many other employment issues, it's best to have a policy and procedures in place. Hey, i'm an Eagle Scout, so i know all about "Be Prepared". Sage advice. Check out this beaut' of a slip, tho...>If you have no idea how to begin putting a policy together, you can start with information from the National Clearinghouse for Alcohol and DrugInformation. Its Web site contains a section called "Making Your Workplace Drug Free: A Kit for Employers," at: http://www.health.org/govpubs/workit Or you can get a copy by calling (800) 729-6686.Up til this point, they've "differentiated" between alcohol and drugs, as if they're two different things. Then, after you've been conditioned to seeing the separation, they offer the kit calling for being *drug*-free, not alcohol-free. Either these guys suddenly decided to include alcohol as the highly-addictive, deadly toxin that it is under the heading of *drugs*, or they have the exact same hypocritical standards that every other dullard in this nation has. You be the judge."That's a judgement call and i'm makin' it." - Bill Hicks [ Post Comment ] Comment #2 posted by observer on December 06, 2000 at 10:49:05 PT Propaganda About Drugs in the Workplace If an employee has a problem, the odds are good that you'll first notice something's wrong because his or her attendance, performance or behavior will change. Maybe the first sign will be tardiness, or work that isn't getting done. Maybe money or equipment will be missing. Maybe customers will have complaints. . . . you should address the symptoms of the problem -- the performance and behavior changes . . . the performance problems... Scientific data that confound propaganda about drugs in the workplace go beyond income. One study published by the federal government showed illicit drug users at Utah Power & Light having lower health benefit costs than nonusers.24 Another study published by the federal government found that Georgia Power Company employees who tested positive for illicit drugs had higher promotion rates compared to the entire workforce and that marijuana users had absentee rates thirty percent lower than those of other employees35 According to supervisor evaluations, hospital employees using illicit drugs performed as well as nonusers.26 (These were hospital employees whose urine showed evidence of illicit drug use, not employees who acted intoxicated while on the job. On Monday morning there is no reason to expect an employee to be any more impaired by Friday night's marijuana cigarette than by Friday night's glass of beer, even though evidence of use can be found in Monday's body fluid work-up.) Still another study found "the net productivity effect for all marijuana users (both those who engaged in long-term or on-the-job use and those who did not) was positive."27 If drug use typically caused employees to become unsatisfactory, drug testing would be unnecessary: An incompetent worker can be disciplined or fired regardless of drug use. The purpose of workplace drug-testing is to target satisfactory employees for punishment. The purpose is to identify ordinary people who can be victimized. Urine tests fulfill the same function that the yellow star did for Jews in Nazi Germany, identifying them for ostracism because nothing about their appearance or behavior differed from that of other ordinary people.http://www.amazon.com/exec/obidos/ASIN/0275950425/Drug Warriors & Their Prey, Richard Miller, 1996, pg. 4 [ Post Comment ] Comment #1 posted by freedom fighter on December 06, 2000 at 10:32:00 PT I did not know Law is a Doctor! "You're not qualified to make that determination. You're not a doctor," said Mary Beth Ryan, a senior professional in human resources and a principal and senior consultant with Ryan & Associates in Federal Way, WashI am the owner of a small construction crew, my boys know that if they show up to work in daze wither if its from drinking or whatever, they are gone! I do not need a lawyer or some stupid HR consultant to decide what is good for my company. And, I smoke pot everyday! People that I deal with everyday could never tell that I did smoke a bowl. That is becuz I know my herb! Everyday, thousand of workers smoke the working man's weed! Anyone who write "Drug-Free" is an addict. It is so delusional to assume we are drug free. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: