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Final Exam Study Guide: Alcohol, Drugs, and US Workplace (Ch 13: Employee…
Final Exam Study Guide: Alcohol, Drugs, and US Workplace
Ch 2:
The Government and Substance Use
The Americans with Disabilities Act/Americans With Disabilities Act Amendment Act
Purpose:
Prohibits discrimination against people w/disabilites in employment, :train2:, :parking: (Public accomodation), communications, and government activities.
establishes :telephone_receiver: relay services
Disability:
(According to ADA)
person who has physical or mental impairment limiting life activity. Includes :silhouettes: who do not have disability but have record or do not have disability but are regarded as having such
Title 1 Under ADA
Title I of ADA:
permits employers to ensure that workplace is free from the illeagal use of drugs and the use of alcohol, and to comply with other federal logs and regulations regarding alcohol use
ADA Limitations
Afford limited protection from discrimination for recovering drug abuses and alcoholics
Individual who is currently* using drugs is not "individual w/disability"
Current is not limited to day of use or recent days or weeks but case by case basis
Circuit Court Ruling
Fourth Court:
current user:
someone using in
periodic fashion during weeks and months prior to discharge
9th court: applicant/employee that tested positive for illegal drug cannot immediately enter drug rehab to avoid discipline
Employer Discrimination Prevention
cannot discriminate against person who has history of drug abuse but is no longer using drugs/rehab*
*recreational illegal drug user not included
Alcoholics considered disabled under ADA but held to same standards as other employees even if performance is related to alcoholism
Alcoholics entitled to reasonable accomodations including modified :spiral_calendar_pad: and AA
Employer under no obligation to provide "last chance" for misconduct
Employer may make pre-employment and pre-offer inquiries but cannot ask if they suffer from alcoholism or drug addiction
Drug testing not considered medical test
Family Medical Leave Act
FMLA under US DoL
Those eligible for FMLA take unpaid, job-protected leave for family/medical reasons
entitled to 12 workweeks of leave in 12-month period of time
reasons on pp. 20-21
Worker's Compensation
drug testing for workers comp only acceptable to have through written policy
employer is responsible for providing emergency care until stabilization or discharge even if there is a possiblilty of intoxication
text
OSHA Record Keeping
Occupational Safety and Health Administration (OSHA)
1904.7 Standard:
Requires employers to report work related inuries and illness beyond first aid
injuries must be reported even if substance is involved
employer may stop counting days away from work
if
employee away from work leaves toe company for a reason unrelated to injury
When company administers drug test after an injury and is then terminated, that termination is due to the injury
Employers must estimate how long employee will be away from work and enter number in 300 log
Medical Marijuana
most commonly used illicit drug
Federal law still recognizes marijuana as illieagal schedule 1 drug
if company receives federal funding they must treat Marijuana as schedule 1 drug under Drug-free workplace act
Drug Free Workplace Act of 1988
Formal Drug plan
Requires all federal grantees and some who get federal contracts to agree to provide drug-free workplace
OSHA General Duty Clause:
each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees
Ch 3:
Drug and Alcohol Testing
Urine
Hair
Breath
Saliva
Blood
The Medical Review Officer (MRO)
Ch 4:
Alcohol
Demographics of Alcohol Use
Pharmacology
Physical Effects
Cognitive Effects
Occupational Factors
Ch 7:
Opiates and Opioids
Pharmacology
Physical Effects
Cognitive effects
Ch 13:
Employee Assistance Programs
Employee Assistance Programs
115 mil full time employees yet only 58.4% reported working for company who has EAP
employees are self-referred
some referred by supervisor, HR, unions, health and safety departments
Overview of Treatment REferral Options
brief intervention:
one on one counseling sessions suited for individuals who use substances in harmful ways (abusing)
brief interventions consist of 1-4 short counseling sessions w/trained health professional
brief interventions include personal feedback and based on level of harm/risk of client
12-step programs
12-Step Programs
History
Began during WWII
accepted and grew in 50s and 60s
promoted federally through legistlation through 70s
Employer's role
evaluates any assigned restrictions
engages directly in process w/employee
determines if reasonable accommodations can be made if employee is impaired because of medication prescribed for medical or psychiatric condition
direct employees toward proper care and be aware
Constructive coercion
Process where individuals are referred through policy of org
study in 1979 found that clients referred by constructive coercion were younger, had fewer psychosocial issues, would abstain, and are compliant
individuals referred by constructive coercion most likely to maintain employment and have fewer family and medical issues
services provided by EAPs
consultation, training, and assistance for organizational leadership to help manage troubled employees to increase job performance and improve work environment
Active promotion of EAPs to organization members
confidential and timely probliem id/assessments for employees
use of constructive confrontation, motiviation (MI), and short term interventions w/clients to address issues
referral of clients for diagnosis, treatment, and assistance, case monitoring, and follow-up
Assisting work organizations in establishing and maintaining effective relationships w/treatment and other service providers
Consultations with organizations to encourage availibility of employee benefits surrounding mental and medical services
conduct evaluations on the effectiveness of assistance services on work organization productivity and individual job performance
Motivational Interviewing
Encourages people to decide to change themselves using empathy and warmth instead of confrontation
Clinicians help by establishing specific goals
No treatment is right for everyone. Tailor it!
Ch 14:
Job Specific Review
Transportation Industry
Trucking/Rail
Drug use due to peer pressure
Testing detected one or more drugs in 67% of samples of 168 commercial drivers who were fatally injured in trucking accidents
Breath tests, urine tests, and medical examination key to identify impaired drivers
DOT regulations do not adress hiring, termination or other employment actions
Commercial Driver Medical Examinations:
regular fitness examinations. Detects mental, physical, or organic conditions and to the degree it affects operating a commercial motor vehicle safely
Public Safety Workers
Military
Healthcare
Drug Schedules
Schedule 1:
Medically disqualifying
Schedule 2:
have accepted medical uses but have high abuse potential
Schedule 3:
Includes tranquilzers
Schedule IV
include drugs such as chlorhydrol and phenobarbital
Schedule 5:
lowest potential for abuse and include narcotic compounds or mixtures