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Creating An Industry Drug-Free Program. ScreenSafe Inc . Program Administrators. Our National Substance Abuse Problem. The Social Costs of illicit drug abuse add up to $110 billion each year U.S. drug users spend substantially more than $63.2 billion annually to purchase drugs
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Creating An Industry Drug-Free Program ScreenSafe Inc. Program Administrators
Our National Substance Abuse Problem • The Social Costs of illicit drug abuse add up to $110 billion each year • U.S. drug users spend substantially more than $63.2 billion annually to purchase drugs • There are more than 1 million drug arrests each year - half of all arrestees test positive for illicit drug use
Drug Use and Alcohol Abuse: Consequences • 1.4 million arrests for driving while intoxicated • 4 in 10 fatal motor vehicle accidents involve alcohol
Drug Use and Alcohol Abuse: Consequences • Among employed adults, the highest rates of current drug use and heavy drinking are reported by; • White, non-Hispanic males • 18-25 years old
Drug Use and Alcohol Abuse: Prevalence • According to the 2004 Household survey, 75.2 % of those who used illegal drugs in the past month are employed.
Illicit Drug Use by Industry • By occupation, the highest rates of current drug use and heavy drinking were reported by those employed as • Food preparation workers, waiters, waitresses and bartenders (19%) • Construction workers (14%) • Service occupations (13%) • Transportation/material moving workers (10%).
Postal Service Study • A U.S. Postal Service study indicated that employees who tested positive on their pre-employment drug test were : • 77% more likely to be discharged within the first three years of employment • absent from work 66% more often than those who tested negative.
Postal Service Study • The study estimated that the U.S. Postal Service would have saved approximately $52 million within two years, if it had just screened out positive job applicants.
The Program Tri-Counties SMACNA along with SMWIA Local # 273 have formed a partnership to address the problems caused by drug and alcohol abuse
Goals and Objectives • Recognition of the problem; • Development of a comprehensive policy; • Educate Participants; • Promote the Member/Employee Assistance Program (M/EAP); • Implement a fair and respectful drug testing program that conforms to Federal drug testing standards.
Key Policy Issues • Contractor participation and commitment is critical. • Participant education. • Supervisory training. • Drug testing.
Policy Requirements and Prohibitions • The use of alcohol or drugs by employees during working hours on the job site or on company property (including company vehicles) is absolutely prohibited. • Participants are required to submit to drug and/or alcohol testing in accordance with this policy.
Policy Requirements and Prohibitions • No participant will be tested for alcohol unless a reasonable suspicion exists that the person is under the influence of alcohol, or they are involved in an OSHA recordable on the job accident. • Participants subject to this policy continue to have access to the usual protections provided as part of their union membership.
Policy Requirements and Prohibitions • All participants shall be considered part of the testing pool and will be tested over a 2 year period. • Participants will be selected randomly from the 50% pool. • Participants who complete the testing process will not be returned to the 50% pool. • At the same time there will be an ongoing 10% pool.
Testing Procedures • Names picked from the random pool. • ScreenSafe through the Union finds out where the union member is working. • Designated (Company or Union) Representative called and informed to expect a fax regarding participants being tested.
Testing Procedures • ScreenSafe makes calls to Designated Representative in the AM. • Forms sent to Designated Representative: • Testing Procedures for the Sheet Metal/ScreenSafe Drug Free Program • List of Collection Sites • By the end of the business day, the Designated Representative informs participant that his/her name has been selected.
Testing Procedures • If participant is unemployed they will receive $50.00 from the program for testing. • Participants are given until end of next business day to take test.
At the Collection Site • Authorization for Consent to Drug Analysis and Authorization of Release of Results for testing • Release of Information Signed for Medical Review Officer (MRO), M/EAP and ScreenSafe
At The Collection Site • Participant Signs Consent Forms • Collection Site Technician faxes Consent and Release Form Back to ScreenSafe
Testing Procedures • If the test is negative, no further action is taken. • If the test is positive, the Medical Review Officer (MRO) calls participant to validate reason for positive. • If no valid reason found, participant is in violation of policy.
Testing Procedures • Testing will also be done when there is “reasonable suspicion”. • Accelerated testing (follow-up) takes place once a participant has been non-compliant. It is based on M/EAP evaluation.
Testing Procedures - Safeguards • Integrity of specimens insured by utilization of one collection procedure at all sites • All labs have DHHS certification • All positives confirmed by GC/MS • MRO reviews all drug test positives
Testing Procedures – Safeguards • Urine samples separated into two containers at time of collection • Other forms of testing for participants with confirmed medical conditions
Testing Occasions - Portability • These provisions will apply to those individuals working under the portability rules. • All traveling craftpersons will be subject to: • Initial testing • Random testing – 10% pool
Testing Occasions - Portability • Craftperson will be allowed to report to work immediately after providing proof of taking required urine test. • If the Craftsperson is non-compliant for any prohibited substance results in immediate termination. • Craftperson who is non-compliant must wait 30 days to test again in order to work in the jurisdiction.
Policy Violations • Policy Violations can include; • Having a positive test result. • Failing to take a test as scheduled • Failure to call the MRO • Failing to keep a scheduled appointment with M/EAP or • Failing to participate in and/or complete the assigned treatment or education program
Policy Violations • Policy Violations can include (continued); • Substituting another substance or specimen • Providing a dilute specimen for a second time without a valid medical explanation • Providing a urine specimen which shows the presence of an adulterant
Consequences • Upon a first notice of unavailability the participant; • will be referred to the M/EAP for evaluation • must complete recommended treatment or education program • An apprentice or participant in training shall be referred to the training coordinator and action could include referral to M/EAP, disciplinary action or cancellation from the training program
Consequences (con’t) • The participant will be placed in an accelerated testing program. • Participant may choose to wait out 30 days. Participant may not work and will not be reinstated until a negative urine test is received. • The participants may only wait out on the first non-compliance, any preceding non-compliances the participant would be required to attend the M/EAP
Consequences Local • Upon a second notice of unavailability from the preceding first within a 2 year period the participant; • will be referred to the EAP for evaluation • must complete recommended treatment or education program • will be placed in an accelerated testing program.
Consequences (con’t) • An apprentice or participant in training shall be referred to the training coordinator and action could include referral to EAP, disciplinary action or cancellation from the training program
Consequences • Upon a third notice of unavailability from the preceding second within a 2 year period the participant; • will be referred to the EAP for evaluation • must complete recommended treatment or education program prior to returning to work. • will be placed in an accelerated testing program.
Consequences (con’t) • Will be suspended for 30 days. • Will be required to sign a “1st Letter of Understanding”.
Consequences • Upon a fourth notice of unavailability from the preceding second within a 2 year period the participant; • will be referred to the EAP for evaluation • must complete recommended treatment or education program prior to returning to work. • will be placed in an accelerated testing program
Consequences (con’t) • Will be suspended for 180 days. • Will be required to sign a “2nd Letter of Understanding”.
Consequences • Upon a fifth notice of unavailability from the preceding second within a 2 year period the participant; • will be referred to the EAP for evaluation • must complete recommended treatment or education program prior to returning to work. • will be placed in an accelerated testing program
Consequences (con’t) • Will be suspended for 1 year. • Will be required to sign a “3rd Letter of Understanding”.
Post-Accident Testing • Post accident testing may be done when employees are involved in a work related accident or incident that results in a fatality, a lost time injury, OSHA recordable incident or significant property damage or monetary loss. • Post Accident testing is done at the employers expense and the employer is entitled to the results.
Designated Representative Responsibilities • Register names of new employees with ScreenSafe. • Send names of people who have left the company. • Information Needed: • Name, social security number/union card number, address, city, state, zip, and phone number • For people who work 20 hours or more per week and are not a part of another union or bargaining unit. • Notify people who need to test
Designated Representative Responsibilities • After employee notified “Notification Form” must be faxed to ScreenSafe with time and date the person was notified • Remind employee • They need a picture I.D. or be accompanied by a foreman. • They need to test before the end of the next business day. • They should keep receipt or give to Designated Representative • They need to inform the testing site that they are testing through ScreenSafe/Sheet Metal • They need to give their UNION CARD NUMBER if they are a union member
Designated Representative Responsibilities • Non-Compliant Participants • When you are notified about a non-compliant person this information must remain confidential. • A non-compliant person is not allowed to work until ScreenSafe faxes a copy of the “Release to Work” form to you. The person must be removed from duty immediately. • Please discretely notify the person they are non-compliant. Quietly and calmly explain to them that you were notified of their non-compliance from ScreenSafe and they must leave the job site immediately. Inform the person they need to call ScreenSafe 877/727-3369.
CONCLUSION • Our approach is always fairness and objectivity for the employee and for the employer. • Our intention is always to help. • Our goal is always to assist in providing a safe and drug-free workplace.
Implementation of Program • Decide upon a “Helping Program/M/EAP” • Register all contractors • Identify “Designated Representatives” at all the contractor sites. • Enroll all contractor employees in program. • Participant education • Supervisory training • Initiate testing
Supervisor Responsibilities • Identify • Assess and clarify • Document • Get Help/Consult • Take Action • Refer • Follow-up
Identify • The supervisor must notice a change in… • Performance • Attendance • Safety • Behavior
Identify • Examples of Common Performance Problems: • Poor attendance - tardiness, unexplained absences, long lunches • Mistakes and missed deadlines • Co-worker or customer complaints • How do I decide if I should sent someone for a “reasonable suspicion” test?
“Levels of Proof” Defined by the courts • Proof Beyond a Reasonable Doubt • Clear and Convincing Evidence • Preponderance of Evidence • Balancing the proof 51% or more • Probable Cause • Facts that show more likely than not that a crime was committed • Reasonable Suspicion • Hunch