RECOGNITION AND MANAGEMENT OF WORKPLACE SUBSTANCE ABUSE

Transcription

1 NATIONAL MARITIME SAFETY ASSOCIATION ANNUAL MEETING RECOGNITION AND MANAGEMENT OF WORKPLACE SUBSTANCE ABUSE March 20, 2014 PATRICK PRINCE, M.A. PATRICK PRINCE CONSULTING (661)

2 OSHA GENERAL DUTY CLAUSE: each employer shall furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm... Substance abuse is the number one preventable health and safety hazard in the workplace. - National Institute of Occupational Safety & Health

3 ILWU-PMA PACIFIC COAST MARINE SAFETY CODE RULE 232: Ship s crew members shall not be permitted in the immediate vicinity of longshore operations except in the course of their duties, but in no event while under the influence of intoxicating liquor RULE 311: Employer s shall not be present on the job while under the influence of intoxicating liquor, or drugs of a stimulating or depressive nature RULE 413: Supervision shall not be present on the job while under the influence of intoxicating liquor, or drugs of a stimulating or depressive nature RULE 509: (hatch, gang or dock boss) shall not be present on the job while under the influence of intoxicating liquor, or drugs of a stimulating or depressive nature which affect his ability to carry out his obligations as required RULE 605: No employee shall be present on the job while under the influence of intoxicating liquor, or drugs of a stimulating or depressive nature which affect his ability to carry out his obligations as required

4 SUBSTANCE USE IN AMERICA Alcohol: 119 million Americans consider themselves drinkers million Americans consider themselves to be heavy drinkers 32 million people report they have driven drunk in the past year at any given time, from 1 of 50 to possibly 1 of 10 drivers is drunk! Drugs 14.6 million Americans consider themselves current marijuana users 2.3 million people report using cocaine in the past year 5.5 million people report using methamphetamine in the past year 4.7 million have abused prescription drugs (esp. pain medication)

5 SUBSTANCE USE IN AMERICA Implications for Workplace: Use Possession Sales

6 IMPACT OF SUBSTANCE ABUSE Drugs and Crime Drugs and our Communities Drugs and our Children's Schools Drugs and the Workplace

7 EMPLOYER AND SUPERVISOR RESPONSIBILITY AND LIABILITY CONCERNS OSHA GENERAL DUTY CLAUSE: each employer shall furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm... NEGLIGENCE:...the supervisor knew or should have known... Negligent Supervision Negligent Retention RESPONDIAT SUPERIOR: Let the master answer. The employer and it s representatives will be held responsible for any injury caused by an employee acting within the scope of the employment relationship. Case law is expanding the concept of responsibility to include labor organizations and individual employees. Substance abuse is the number one preventable health and safety hazard in the workplace. - National Institute of Occupational Safety & Health

8 KEY CONCEPT AND TERMS: DRUG & IMPAIRMENT DRUG: Any substance taken into the body that IMPAIRS

9 KEY CONCEPT AND TERMS: DRUG & IMPAIRMENT Impairment is any conduct or behavior which is not: SAFE EFFECTIVE APPROPRIATE

10 MEDICAL CONDITIONS: POSSIBLE SOURCES OF IMPAIRMENT Concussion/Head Injury Stroke Diabetes Shock Other

11 DRUG TESTING AS A WORKPLACE SAFETY TOOL Drug Testing Process Opportunities to Request a Test Strengths and Limitations to Testing

12 COMMONLY ABUSED DRUGS Alcohol Marijuana Cocaine Amphetamines Opiates Phencyclidine (PCP)

13 DRUGS OF ABUSE: Alcohol

14 DRUGS OF ABUSE: Alcohol Legal Levels: What Do They Mean? How Much is Enough? Metabolization or Burn Off Observable Indicators of Use

15 DRUGS OF ABUSE: Alcohol Legal Levels: What Do They Mean?.08%.04%.01%

16 DRUGS OF ABUSE: Alcohol Legal Levels: What Do They Mean?.08%.04% Reaction Judgement Inhibition Relax.00%

17 DRUGS OF ABUSE: Alcohol Legal Levels: What Do They Mean?.08% Coordination.04% Reaction Judgement Inhibition Relax.00%

18 DRUGS OF ABUSE: Alcohol Legal Levels: What Do They Mean? 3 drinks/hr.08% Coordination.04% Reaction Judgement Inhibition Relax.00%

19 DRUGS OF ABUSE: Alcohol Legal Levels: What Do They Mean? 3 drinks/hr.08% Coordination 4-5 drinks/3 hours.04% Reaction Judgement Inhibition Relax.00%

20 IMPACT OF SUBSTANCE ABUSE: ON THE USER

21 IMPACT OF SUBSTANCE ABUSE: ON THE WORKPLACE Excessive Supervision Absenteeism Work Quality Lower Productivity Injuries and Accidents Coworker Conflict Workgroup Morale Health Care Costs Workers Comp Claims Potential Violence Grievances

22 REASONABLE SUSPICION FOR DRUG TESTING Reasonable Suspicion Pacific Coast Longshore & Clerks Agreement (ILWU-PMA) Section requires objective evidence regarding the employee s behavior or appearance, which would lead a reasonable person to believe he or she is under the influence of alcohol or drugs.

23 INDICATORS OF POSSIBLE SUBSTANCE USE The eyes are the window

24 INDICATORS OF POSSIBLE SUBSTANCE USE DILATED PUPILS: OVERLY LARGE (ABOVE 7 MM) CONSTRICTED PUPILS: EXTREMELY SMALL (PINPOINT/UNDER 3 MM) NYSTAGMUS: AN INVOLUNTARY BOUNCING OF THE EYE AS IT MOVES ON THE HORIZONTAL OR VERTICAL PLANE

25 Drinks to relieve tension Alcohol tolerance increases Blackouts (memory blanks) Lies about drinking habit Denies problem Criticizes mgt decisions Surreptitious drinking Guilt about drinking Tremors during hangover Loss of interest PROGRESSION OF SUBSTANCE ABUSE Behavior Crisis Points On-the-Job Warning Signs Efficiency 75% Criticism from boss Lag in supervisor s recognition of a performance problem Family problems Failure to promote Financial problems Warning from boss Supervisor s evaluation Actual performance Increased tardiness and absences Long breaks; leaves job site Mistakes due to inattention or poor judgment Overreacts to real or imagined criticism Decreased efficiency Difficulty recalling instructions Alternate periods of high and low productivity Undependable / unreliable Isolated from coworkers Exaggerates work accomplishments Avoids discussion of problem Defensiveness Fails in efforts at control Neglects health and nutrition Prefers to drink alone 50% Trouble with law Disciplinary action Serious family problems / separation Peculiar and increasing improbable excuses Refuses to discuss problems Jobs take more time Complaints from coworkers Risk-taking / safety problems Confusion and overreaction Believes that other activities interfere with his/her drinking 25% All problems become more serious Final warning from boss Termination Hospitalization Physical appearance visibly declines Uneven and generally incompetent Hostile arguments Explosive behavior

26 SUMMARY Focus is on identifying and addressing the impaired individual. While there are a number of potential sources of impairment, drug testing is a valuable first step. A failure to act when a problem is identified can result in personal and organizational liability. Training by a knowledgeable expert is essential to any program s effectiveness. It s about more than safety- the impaired person affects every aspect of the waterfront.

27 CONTACT: Patrick Prince PatrickPrinceConsulting.com Prince/Phelps Consultants WorkplaceViolenceConsultants.com

28 ABOUT THE INSTRUCTOR Patrick Prince, M.A. Mr. Prince is a corporate trainer and organizational consultant with over 20 years experience working with private corporations and public agencies. He specializes in threat management, conflict resolution, and harassment and discrimination prevention. He was a co-developer of the Los Angeles Department of Water & Power trauma response program, has served on the Board of Directors for the Association of Traumatic Stress Specialists and has chaired a task force on occupational trauma for the International Society for Traumatic Stress Studies. Mr. Prince has served as the president of the Association of Threat Assessment Professionals (ATAP), Los Angeles Chapter since He is also currently serving on the joint ASIS-SHRM task force to develop national standards and guidelines for workplace violence prevention. In addition, Mr. Prince is federally certified as a Drug Recognition Expert Instructor. As a specialist reserve officer with the Los Angeles Police Department, he has served as an instructor with the DRE program since He also instructs with LAPD s Narcotics School and other specialized trainings. He is a recognized expert in the articulation and application of reasonable cause for workplace drug testing and he has trained over 10,000 supervisors in a variety of industries to identify and confront the suspected substance-abusing employee. Over 12,000 employees have attended his drug awareness presentations. Mr. Prince is currently under contract or has worked with several city and State of California agencies for other program development, training and consultation. He has been on the faculty of Los Angeles City College for 20 years where he is an instructor in the Drug and Alcohol Counselor Certificate program. Mr. Prince is also certified as a Substance Abuse Professional (SAP) for Department of Transportation regulated employers under 49CFR. Mr. Prince received his master s degree in Counseling Psychology from the University of California, Los Angeles. His B.A. in Sociology is from the University of Southern California. Prince & Phelps Consultants Prince & Phelps Consultants (PPC) is a corporate training and management consulting company specializing in workplace violence prevention, conflict resolution, recognition and management of workplace substance abuse, trauma response and other related occupational health and safety issues. Mr. Prince and Dr. Phelps have worked as independent contractors both individually and in partnership since During this time, they have consulted on more than 1,500 cases of threatening situations or acts of violence in the workplace. Their consultations have been in response to a wide array of situations ranging from intimidation, harassment and verbal threats to physical assaults, acts of sabotage, felony stalking, discharging firearms in the workplace and on-the-job homicide. Mr. Prince and Dr. Phelps have been primary responders to several incidents involving multiple homicides including the United States Post Office, Dana Point, CA (May, 1993), the City of Los Angeles Piper Technical Center (July, 1995), the United States Department of Agriculture, Port of Los Angeles (April, 1998), and the City of Los Angeles Bureau of Street Services (February, 2005). Consultation includes risk of violence assessment, participation on corporate threat assessment teams, supervisor coaching and ongoing assistance in case management. Mr. Prince and Dr. Phelps have designed and conducted violence prevention training programs for numerous organizations, both in the private and public sector. They have trained over 30,000 managers, supervisors and employees in civil service organizations such as the City of Los Angeles, the U.S. Postal Service, the U.S. Department of Agriculture, and numerous Southern California municipalities on issues of workplace safety, threat management, and the prediction and prevention of workplace violence. They have provided briefings on this subject for the City of Los Angeles City Attorney s Office, the Civil Service Commission and the California District Attorneys Association. The PPC model is a dynamic approach that broadens the number of variables considered and that provides for ongoing assessment of a situation rather than relying solely on a point-in-time psychological assessment. They can be reached at or (310)