DEALING WITH ALCOHOL & DRUGS IN THE WORKPLACE

1. DEALING WITH ALCOHOL & DRUGS IN THE WORKPLACE Bob Paul Director Employee Relations BAE Systems

2. WHAT DO YOU DO? • Two employees report to you that Dan smells like alcohol. They tell you it is well known in the group that Dan has a drinking problem. You call Dan to your office, but can’t smell anything, and he seems fine to you.

3. Overview of Drug-Free Workplace Act (USC Title 41, Chapter 10) • Applies to individuals or organizations with contracts or with grants from the Federal Government greater than 100K • Must establish and communicate policies on drug awareness • Certify that company will provide a drug free workplace • Issue a policy • Sponsor an awareness program • Employees must notify employer of any drug conviction involving conduct in the workplace • Impose remedial programs or sanctions

4. BAE Systems’ Drug-Free Workplace Policy • Prohibits the use, possession, distribution, dispensation, manufacture of controlled substance or alcohol at company work sites • Establishes drug/alcohol testing protocols • Provides for sanctions and/or rehabilitation • Adopts DOT requirements • Describes availability of EAP services

5. EMPLOYEE ASSISTANCE PROGRAM • EAP records are separate from personnel records and can be accessed only with a signed release from the employee • EAP professionals are bound by a code of ethics to protect the confidentiality of the employees and family members that they serve • There are clear limits on when and what information an EAP professional can share and with whom

6. EAP LIMITS ON CONFIDENTIALITY • Disclosure of child abuse, elder abuse and serious threats of homicide or suicide as dictated by state law • Reporting participation in an EAP to the referring supervisor • Reporting the results of assessment and evaluation following a positive drug test or last chance agreement • Verifying medical information to authorize release time or satisfy fitness-for-duty concerns as specified in company policy • Revealing medical information to the insurance company in order to qualify for coverage under a benefits plan • Revealing behavior that threaten National Security

7. WHAT DO YOU DO? • Two weeks later, you ride up the elevator with Dan and notice a strong smell of alcohol. You invite Dan to your office and notice he is unsteady and slightly slurring his words. When you confront him regarding your observations, he tells you he just got new dentures, which he is adjusting his speech to. He also says he is on blood pressure medication that has a side effect that makes his breath smell like alcohol.

8. BAE SYSTEMS’ PROBABLE CAUSE PROCESS • Reasonable suspicion that a person may be under the influence of drugs or alcohol • Two members of management or their designee concur through articulable observation of behavior, that the person may be under the influence of drugs or alcohol • Observations must be documented and signed by the observers • Employee must submit to immediate testing as a condition for continued employment • Positives result in rehabilitation or termination

9. PROBABLE CAUSE OBSERVABLES • BEHAVIOR • Angry Outbursts Inappropriate, uninhibited behavior • Clumsy, decreased motor coordination Irritable, moody • Drowsy, sleepy Lethargic • Erratic Mood Swings • Exhibits signs of Paranoia Restlessness, hyperactive, fidgety • Falling Down Staggering • Hallucinations Stumbling • Hostile, belligerent Threatening • Inappropriate gaiety Unusual confusion • SPEECH • Broken Thoughts/Sentences Loud, boisterous • Cursing, inappropriate speech Nonsensical, silly • Exaggerated enunciation Rapid, pressured • Excessive talkative Repetitive/Rambling • Incoherent Slurred, thick • Irrational Threatening • APPEARANCE • Clothing Red Eyes, bloodshot • Cold, clammy, sweats Sleeping/Sleepy • Constricted (pinpoint) pupils Sweating • Dilated (large) pupils Tremors • Disheveled clothing Unfocused, blank stare • Flushed complexion Unkempt grooming • BODY ODORS • Alcohol Marijuana

10. REHABILITATE OR TERMINATE? • Automatic termination if past offender • Rehabilitation requirements: • Manager must be willing to commit to rehab process • Employee must admit problem and commit to treatment • Employee serves 2-4 week disciplinary suspension • Employee must execute a “last chance agreement” upon return to work • Our experience: only 20% success rates with rehabilitation approach

11. Do’s for Supervisors • DO emphasize that you only are concerned with work performance or conduct • DO have documentation or performance in front of you when you talk with the employee • DO remember that many problems get worse without assistance • DO emphasize that conversations with an EAP, if applicable, are confidential • DO explain that an EAP is voluntary and exists to help the employee • DO call an EAP to discuss how to make a referral • DO Involve HR and/or Medical when you suspect a problem

12. Don’ts for Supervisors • DON’T try to diagnose the problem • DON’T moralize. Limit comments to job performance and conduct issues only • DON’T discuss alcohol and drug use • DON’T be misled by sympathy-evoking tactics • DON’T cover up. If you protect people, it enables them to stay the same • DON’T make threats that you do not intend to carry out • DON’T go it alone