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Inappropriate use of alcohol and other drugs can directly impact employee
health, and the safety of the individual, co-workers and in certain
industries, the public. Canadian companies are increasingly taking a
pro-active approach to this issue by assessing their specific needs,
and implementing and communicating a comprehensive policy that responds
to those needs. Why is this important?
- It forces you to identify your specific
objectives and use reasoned arguments and facts - not suppositions
- to decide on the most appropriate means to meet them. In other words,
the most appropriate balance between prevention and deterrance.
- It allows the company to establish
a reasonable and responsible basis on which actions can be taken,
communicated, and defended if challenged.
- To meet due diligence responsibilities
and put in place a strategy which will minimize legal liabilities
associated with occupational health and safety, hosting others, and
impaired business - related driving, for example.
- A clear, well communicated policy
helps ensure employees understand the rules and consequences of violation.
They have fair notice and good reasons to get assistance for a problem,
or change inappropriate behaviour before it impacts the workplace.
- The policy will provide a focus
for education and training programs, as well as guidance and support
for supervisor actions.
- This guidance will minimize the
possibility of arbitrary actions on the part of management, for example
in investigation or discipline situations.
- Setting out objectives through the
policy development process sets a base line for evaluation of the
program to determine if it is being effective and meeting those objectives.
- The process itself can provide employees
an opportunity for input - which generally will lead to a better and
more acceptable solution. The employees themselves will likely have
a better idea of the nature and extent of any problem in their workplace,
and be in a good position to contribute to solutions.
- The written document provides a
basis for communication with employees and contractors, so that there
are no misunderstandings of expectations.
- This process ensures matters the
company Employee Assistance Program (EAP) does not cover are addressed.
For example, the EAP normally provides a confidential assessment and
referral service; it does not deal with discipline issues, contractor
requirements, or investigative processes (e.g. searches, testing,
etc.)
- Importing a U.S. policy, or copying
the policy of another company will not necessarily meet Canadian legal
standards.
What Mistakes Should we Avoid?
It is important that policies aim to deter
drug abuse, as well as ensure that people who need help with a problem
have access to assistance. In doing so, they should strike a balance
between health and safety (due diligence) priorities on the one hand,
and security of individual privacy on the other. Employers will increase
their chances of success by avoiding some of the more common policy
mistakes. For example:
- Don’t Copy the Policy of Another
Company: Learn from what others have done, follow the template,
but recognize that successful policies are designed to meet the needs
of individual companies; this makes it both easier to communicate,
and defend, if challenged.
- Don’t Ignore the Importance of
Communication: Inform employees that a policy is being developed,
and communicate widely when final decisions are made in advance of
the implementation date.
- Don’t Enforce Your Company Policy
Inconsistently: Employers have considerable latitude when developing
their company alcohol and drug policy; once it is adopted, however,
they should follow it closely, and ensure that it is consistently
applied and enforced.
- Don’t Act Without the Support
of Top Management: Successful policies need a commitment from
the very top of the company to stand by the policy decisions, and
its full implementation. Management must not only be informed, but
must also be involved in the decisions; otherwise, the program will
be seriously undermined.
- Don’t Implement a Generic "Fitness
for Duty" Policy: Although fitness for duty should be an
expectation for all employees, the policy and its communication should
clearly state what the specific expectations are with respect to use
or misuse of alcohol and other drugs. The policy should be clear on
what is acceptable and what is prohibited in quantifiable terms, as
well as the consequences of violating the policy. Rules regarding
illicit drugs, alcohol and medications should all be clear.
- Don’t Underestimate the Importance
of Education Programs and Supervisor Training: These are two
essential components of a successful policy; employees should have
information about alcohol and drugs, their effects on performance,
how to access assistance, and what the company policy is, while supervisors
should also have information about their specific responsibilities
under the policy and how to support its implementation.
- Don’t Breach the Confidentiality
of the EAP or Testing Program: A cornerstone of successful employee
assistance programs is their confidentiality; it should only be breached
by the EAP counsellor under very specific conditions that are established
under the policy and in accepted EAP practices. In addition, drug
testing results should only be available on a "need to know" basis.
Companies should minimize any unwarranted intrusion into employees’
privacy and stress to management and supervisors the importance of
maintaining confidentiality.
- Don’t Introduce a Testing Program
that does not meet Appropriate Standards: Utilizing anything but
the highest standards, (trained collectors, certified lab, experienced
medical review) can jeopardize the integrity of the program and may
lead to legal challenge.
- Don’t Focus on One Group or Class
of Employees: The negative effects of alcohol and other drug use
can be found in all types of jobs; consider having the policy standards
apply equally across the company, and then allow for certain additional
requirements that would only affect specific segments of the employee
population (e.g. those safety-sensitive positions). Justification
for such additional requirements should be clearly established; for
example, because of government regulations, or the inherent risks
associated with doing the job.
- Don’t Confront an Unfit Individual
One-on-one: Wherever possible, supervisors should not take action
alone when confronting someone suspected using drugs on the job. It
is also valuable to have a reliable witness present in the event of
a subsequent challenge of the supervisor’s actions. In all cases,
and particularly when there is no witness available, the supervisor
should document the reasons for his or her decisions and the actions
that resulted.
- Don’t Send Impaired Employees
Home Behind the Wheel of a Car: An employee who is suspected
of being impaired for any reason should not be driving a company vehicle,
or even their own vehicle. If asked to leave the workplace, they should
not drive themselves home, as the employer risks legal action if an
accident were to result. After any actions under the policy are completed
(e.g. referral to medical or an alcohol/drug test), the employer should
call a cab or have a supervisor or co-worker drive the employee home.
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