Substance Abuse

SUBSTANCE ABUSE:

Why test employees? Substance abuse (drugs and alcohol) has become a major problem in the workplace. More workers’ compensation claims are filed and more workdays are missed when employees abuse drugs. This directly correlates to less productivity.

Who should be tested? All employees should be tested from management to the most recently hired employee. This will reinforce the importance placed upon substance free employees all the way up the line. All employees should be tested in a consistent manner in accordance with the operation’s policy.

How do you implement? Carefully review the information you’ve written and have your legal counsel review it to be sure it “fits” your existing management practices.

Example policy statement

______is committed to developing a safe working environment for all our employees. While we strive to provide a safe workplace, it is expected that all employees will contribute to this goal by following all safety procedures and work practices. Part of ______commitment to providing this safe workplace includes the implementation of a comprehensive drug and alcohol testing program.

All employees are prohibited from the use, sale, dispensing, distribution, possession, or manufacture of illegal drugs and/or alcohol in conjunction with their employment.

Accidents are normally covered by workers compensation, however, in many states, worker compensation benefits may be denied or reduced based on the results of the drug tests. It is the intent of ______to notify the claims department of positive drug or alcohol tests for the purpose of denying that claim.

Anyone who tests positive for drugs/alcohol will be subject to disciplinary action up to and including termination. Tampering with samples or tampering with test results will result in termination.

Employee’s Signature: ______Date: ______

Colorado Livestock Association Safety Reference Manual 1-D ABUSO DE SUBSTANCIA:

¿Por qué examinar a los empleados? El abuso de substancia (drogas y alcohol) se ha convertido en un grave problema en el lugar de trabajo. Mas demandas de Compensacion del Trabajador se archivan y más días laborables se pierden cuando los empleados abusan de las drogas. Esto correlaciona directamente a menos productividad.

¿Quién debe ser examinado? Todos los empleados deben ser examinados, desde la dirección, hasta el empleado contratado mas recientemente. Esto reforzará la importancia puesta en los empleados libres de substancia y hasta los de mas arriba. Todos los empleados deben ser examinados en una manera consistente de acuerdo con la poliza del funcionamiento.

¿Cómo se lleva a cabo? Repase cuidadosamente la información que usted ha escrito y que su consejero legal lo revise para asegurarse de que "encaje" en sus practicas de administracion existentes.

Ejemplo de Informe de Poliza

______esta comprometida a desarrollar un ambiente de trabajo seguro para todos nuestros empleados. Mientras nosotros nos esforzamos para proporcionar un lugar de trabajo seguro, se espera que todos los empleados contribuyan a esta meta siguiendo todos los procedimientos de seguridad y prácticas de trabajo. Parte del compromiso de ______para proporcionar este lugar de trabajo seguro incluye la aplicación de un programa extenso de examen de droga y alcohol.

A todos los empleados se les prohibe el uso, venta, distribucion, posesión o fabricación de drogas ilegales y/o alcohol en conjuncion con su empleo.

Los accidentes normalmente son cubiertos por la compensación de trabajadores, sin embargo, en muchos estados, los beneficios de compensación de los trabadores pueden ser negados o reducidos basados en los resultados de los examenes de droga. El proposito de______es de notificar al departamento de demandas, de pruebas positivas de droga o alcohol para el propósito de negar esa demanda.

Cualquiera que tenga resultados positivos en las drogas/alcohol estará sujeto a la acción disciplinaria, hasta e incluso la terminación. Modificar las muestras o modificar los resultados de la prueba resultara en terminación.

Firma del Empleado: ______Fecha: ______

Colorado Livestock Association Safety Reference Manual 2-D STANDARDIZED PLACEMENT PROCEDURE (ADP, screening and selection service):

A standardized placement policy ensures persons placed by your operation have the necessary technical and physical skills to perform their work task in a safe manner. All persons being considered for the same job position must undergo the same testing procedures to ensure equal opportunity laws are being followed. You can require new employees to have appropriate pre-placement evaluations (including medical examinations conducted by the doctor of your choice) as long as they are job related and consistent with business necessity.

Before a medical pre-placement evaluation is conducted, the job must be well defined, including parameters. The physicians' pre-placement evaluation contains a statement of performance capability, which may include restrictions or limitations. The physical evaluation is based only on the examination. No other medical records can be reviewed without the applicant's written consent. The physical evaluation record must be kept in a confidential medical file separate from other personnel records.

Employers also can turn to services that provide workers' compensation claims histories of new employees. For a small fee a background check can be obtained. This service in many instances can be very worthwhile since a recurring work injury or illness stemming from a pre-existing condition becomes the new employer's responsibility.

ADP, a Fort Collins, Colorado company, specializes in providing this service of background checks for employers. ADP provides data on a potential employee’s criminal record, worker's compensation claims, and prior employment. ADP can be contacted at (888) 606- 7869.

Employee Screening

Screening prospective employees thoroughly is a simple practice that should be incorporated into an operation’s normal routine. Avoiding hiring mistakes will mean a safer, more productive work force and a healthier bottom line for you.

The passage of the Americans With Disabilities Act of 1990 (ADA), requires that a number of rules and regulations for hiring be reviewed and amended as necessary. Many employers are under the impression that they cannot ask about a prospective employee's job safety record. This is wrong!

ADP recommends the following guidelines. Keep in mind that any improper or unwarranted question during an interview can subject your operation to liability. Also, using an out of date "Employment Application Form", or NOT using a "Conditional Job Offer & Medical Review" form may lead to complications down the road.

The steps to follow in the hiring process are very simple; however they must be followed without deviation and in the proper sequence:

Colorado Livestock Association Safety Reference Manual 3-D  Individual written operation policies need to be developed for various personnel issues. The nature of your business determines which situations need to be addressed. If you expect an employee to operate vehicles, a driving policy is mandatory. Other policies to consider:  employment of individuals with criminal convictions;  medical history review policy;  drug policy;  termination procedures;  financial responsibility as a function of employment; and  access to references from previous employers.

 A job opening is announced. Application forms are made available and accepted from interested parties. A detailed job description is included with each application.  Applications are reviewed and candidates are interviewed. Information is received from applicants about their experience and knowledge pertaining to the position open. Check references, criminal history and driving record. At this stage, No medical inquiries, workers' compensation questions (written or verbal) or pre-job physicals may be asked, required or used.  A selection is made of the best candidate. At this point a Conditional Job Offer is made to the candidate. The offer is conditional upon passing a confidential medical review. The candidate is given a "Conditional Job Offer & Medical Review" form and is asked to sign the form and return it.  Verify information on the medical review form and worker's compensation history.  Contact ADP at (888) 606-7869 with the applicant's name and social security number. Lying or misleading information given by the applicant and uncovered in this process may result in rescinding the job offer.  Other reasons for rescinding a job offer include:  a medical or professional determination that the individual is a threat to themselves or others, or  the individual is unable to perform essential functions of the job even with reasonable accommodation.

A medical exam may be required, under specific guidelines and operation policy provisions. Bear in mind that any such medical exam, if required, must be required of ALL applicants in the same job category who have received conditional job offers. Once the applicant’s history is verified, inform them of a date and time to begin work.

Colorado Livestock Association Safety Reference Manual 4-D In order to avoid liability under the ADA, it is extremely important that all persons involved in the hiring process be familiar with the rules and regulations published by the Equal Employment Opportunity Commission (EEOC). The information provided above is not intended to be a legal opinion. Employers should seek advice from legal counsel, or the EEOC, concerning compliance with the ADA, particularly with respect to use of workers' compensation information secured from a medical inquiry.

As of July 23, 1994 ADA applies to employers with 15 or more employees.

Colorado Livestock Association Safety Reference Manual 5-D ERGOMED:

ErgoMed began offering a new and innovative approach to loss prevention in 1992. High workers’ compensation costs, difficulty managing complex claims and fraudulent activity are some of the reasons why employers utilize ErgoMed’s programs. A team of physical and occupational therapists, registered nurses, exercise physiologists and claims managers work together to design a program to meet a company’s specific needs.

ErgoMed’s approach to loss prevention begins at the hiring stage. By conducting post offer screens, they can:

• Evaluate the potential employee’s ability to complete essential job functions. • Document a medical baseline to decrease fraudulent activity and liability for preexisting conditions. • Educate the potential hire on how to avoid on-the-job injury.

After compiling statistics from their customers that were using post offer screens, ErgoMed found that of those screened:

• 17% had a diagnosable condition at hire • 8% resulted in no job match • 46% had decreased cervical extension • 33% had decreased cervical flexion • 37% had decreased lumbar extension • 45% had decreased lumbar flexion • 31% had decreased cervical side bending • 33% had decreased lumbar side bending

In essence, this means that the employee could file a workers’ compensation claim on the first day of work costing the employer time and money. By utilizing post offer screens, the employer protects themselves from unnecessary and fraudulent claims because pre-existing conditions are documented. In fact, ErgoMed gives a no job match recommendation 8% of the time as a direct result of the screening.

A company’s risk exposure does not stop at the point of hire and neither do ErgoMed’s services. Other programs include injury screens, physical and occupational therapy and ergonomic analysis. ErgoMed is also involved with aggressively managing the company’s workers’ compensation claims to ensure prompt and efficient case closure. Complete wellness programs are available to keep a company’s workforce healthy. ErgoMed will play an active role in the company’s safety committee, as both an added resource and to provide educational seminars.

ErgoMed provides savings of $13.74 for every $1.00 spent on their services. Programs benefit employees as well as employers by ensuring all is being done to improve and/or maintain the health and well being of the employee. This allows the company to focus on its core business while ErgoMed assists in decreasing workers’ compensation related costs and keeping employees healthy on the job.

If you have any questions or would like more information on ErgoMed and how it can benefit your company, please call Max Haynes at (970) 353-9543.

Colorado Livestock Association Safety Reference Manual 6-D ADDITIONAL BACKGROUND VERIFICATION ORGANIZATIONS:

Are you certain the employee your about to consider hiring is exactly what you are look- ing for? Is there something he/she is hiding? Listed below are additional background verification organizations to help you with the decision making process. If you’re search- ing via the internet to determine the organization you would like to use, simply type in background verification to begin your search.

A. Deception Control, Inc. (954) 771-6900 www.deception.com/backgrd1.html

B. Systems One, LLC (847) 619-9300 www.systems-one.com/corporate/ala_verif.htm

C. Background Verification Specialists, Inc. (727) 736-9233 www.backgroundverification.com

D. Alcohol & Drug Testing & Kits (877) 272-5227 www.drugstestingkit.com/feedback.htm

E. Search First www.searchfirst.com

Colorado Livestock Association Safety Reference Manual 7-D