Impact of Substance Use on Workplace Safety & Business

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Impact of Substance Use on Workplace Safety & Business NANTUCKET BUILDER S ASSOCIATION WEDNESDAY, MARCH 18 TH SARAH CHOTKOWSKI, LCSW TESSANDRA PEARSON, LMHC, LADC, CRC FAMILY & CHILDREN S SERVICE OF NANTUCKET COUNTY, INC. (FCSN)

OVERVIEW FOR TONIGHT Prevalence rates of substance use and abuse. Why is substance use is so prevalent? The impact of substance use. How substance use affects workplace safety and good business practices. What to do? How to protect yourself and your business. Supports available on-island.

Why are we and what does it have to do with our work?? talking about substance use?

IN THE TRADES More than 14% of full and part time employed Americans report drinking heavily 1 Highest rates of current illicit drug use; Construction workers (15.6%), sales personnel (11.4%), food industry employees (11.2%), laborers (10.6%), and machine operators and inspectors (10.5%)

IN OUR COMMUNITY More than 60% of adults know someone who has gone to work under the influence 1 In 2014, the average amount of crisis encounters in serviced by FCSN* were; 228~ annual average 19~ monthly many people from Nantucket were taken off-island for residential substance abuse treatment 2 *State reported documents to the Department of Mental Health, 2014.

PREVALENCE RATES HIGH RATES IN OUR COMMUNITY Significant drug and alcohol use are high amongst people involved in trade industries. Nantucket appears to have higher rates of prevalence and abuse than the rest of the state and country.

Dependence on tourism? WHY IS IT A PROBLEM? Seasonal nature of work? Financial stressors? Nasty winter weather? Not much else to do? What are some examples you can think of?

THE IMPACT OF SUBSTANCE ABUSE Estimated that alcohol and drug abuse costs Drug using employees are; $246 billion decreased productivity, increase accidents, absenteeism, turnover, and medical costs* 2.2x more likely to request time off, 2.5x more likely to have absences of 8+ days, 3x more likely to be late to work, 3.6x more likely to be involved in a workplace accident, 5x more likely to file a workers compensation claim* *http://www.dol.gov/elaws/asp/drugfree/benefits.htm

IN THE WOKPLACE One study* found that 75% of substance users report using at work, 64% admit that their use negatively affected their job performance, and 44% sold drugs to other employees, and 18% had stolen from co-workers to support their drug habit. *Statistics provided by Department of Labor (www.dol.gov/elaws/asp/drugfree/benefits.html)

OUR PRESENTATION WILL COVER WHAT TO DO WHEN an employee is operating under the influence you suspect an employee is struggling with substance abuse you need to help someone get help you need to assess the legal ramifications you need to document the steps you ve taken

WARNING SIGNS Change in behaviors and patterns Mood swings Easily angered and/or frustrated Absent from work Inability to explain why something wasn t done or where they were Documentation doesn t make sense Frequent accidents/injuries Stress in other areas of their life Tired all the time

SIGNS OF ALCOHOL USE Relaxed inhibitions Impaired judgement Slurred speech, slow movement, less alert, Red and watery eyes, drooped eyelids Flushed face

SIGNES OF MARIJUANA USE Redness in the whites of the eye Large pupils Tremor in eyelids and muscles Disorientation slow Anxiety or paranoia Distinct odor (herbal and skunk-like) Drug paraphernalia like pipes, paper, plastic bags * *http://drugreconition.com/marjua.htm

SIGNES OF OPIATE USE Tiny pupils Looks tired or drowsy Itchy, nauseated Slowed breathing, sweaty Reduced social interaction Needle tracks Dental injury Drug paraphernalia: needles, something to constrict the vein with, plastic bags Poor memory* *http://www.narconon.org/drug-abuse/signs-symptoms-painrelievers.html

SIGNS OF COCAIN USE External How to spot it Large pupils Runny nose, nose bleeds Vertigo (balance off) Overtly talkative Appearing over-confident, jittery, or paranoid Out of touch with reality: disoriented, or delusional Drug paraphernalia: glass pipes, plastic bags, burns from pipe* *http://www.narconon.org/drug-abuse/signs-symptoms-cocaine-use.html

HOW TO KNOW FOR SURE The only way to know for sure is by someone s own admission that they are under the influence OR from drug testing Employees who are accused of being under the influence and terminated without evidence have legal protection

LEGAL RAMIFICATIONS Occupational Safety & Health Administration (OSHA) Americans with Disabilities Act (ADA) Family & Medical Leave Act (FMLA)

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION Employers and employees have rights to a substance free workplace People who request access to their OSHA rights cannot be punished or discriminated against* www.osha.gov/workers.html

ADA The American s with Disabilities Act (ADA) provides limited protection from discrimination for people in recovery from substance abuse* Individuals currently using substances are not protected. Individuals with a history of substance abuse are protected. *42 U.S.C. 12111 12117.

UNDER ADA Employers CAN Employers CANNOT.. Prohibit the use of drugs and alcohol in the workplace. Discriminate against people who are in recovery. Can administer or require drug screenings.

UNDER ADA: EMPLOYERS SHOULD Provide reasonable accommodations to people in recovery. like a modified work schedule so they can attend treatment

FMLA The Family Medical Leave Act entitles employees to take unpaid, job-protected leave for specific reasons, without loosing health insurance coverage and other job-related benefits* FMLA leave can be taken for substance abuse treatment if the individual is referred for treatment by a healthcare provider Not every employee is covered under FMLA, only those who have worked for the company for 12 moths worked at least 1,250 hours a year and Work for a company where at least 50 employees are employed by the employer within a 75 mile radius *http://www.dol.gov/whd/fmla/

IT CAN GET COMPLICATED Understanding the legal ramifications can get complicated Case example of John We STRONGLY recommend getting in touch with your legal counsel on a case by case basis.

THE IMPORTANCE OF DOCUMENTATION Documentation protects employers and employees 2 types of documentation: preventative and reactive Preventative: making sure you have a Drug & Alcohol Policy Reactive: documenting what steps were taken when you became aware of a violation

THINGS TO DOCUMENT Drug and Alcohol Policy Substance use is banned Rules about testing Status while investigation is pending Range of possible outcomes Reactive Documentation When did the alleged incident happen? Who/when/how was it reported? What investigative action was taken? What will the results be Room for addendum Sample example

DRUG TESTING Breathalyzers cost anywhere from $30-$100 and do not require training to administer Drug tests can be performed using urine or a mouth swab Several primary care doctors on island are equipped to administer drug tests and can do so in a 15 minute appointment and fax the results directly to the employer

HOW TO HELP SOMEONE STRUGGLING WITH SUBSTANCE ABUSE Addiction is an illness. Bring empathy, leave judgment out of it. Assess for safety (alcohol withdrawal is lifethreatening) People are more likely to seek treatment when its feasible.

SUPPORTING ACCESS TO TREATMENT BENEFITS EVERYONE The Warner Corporation, in Washington D.C. $385,000 in one year with an employee assistance program (EAP) Savings = decrease in accidents fewer worker s comp. claims lower vehicle insurance costs more apprentices finished the program The cost of; recruiting, training, and replacing terminated employees is almost always more expensive than implementing an EAP. *http://www.dol.gov/elaws/asp/drugfree/benefits.htm

TREATMENT IS EFFECTIVE Effective treatment; Detox residential treatment outpatient therapy group therapy AA/NA medication management Help is available for people who need more.

WHEN YOU GET STUCK Document what steps you did take. Consult your legal counsel. Call FCSN s crisis line 24hr/365. (508) 228-2689 Mobile crisis evaluation: meet, assess, make a plan, and facilitate access.

QUESTIONS?