Drug abuse in the workplace

Q I am the human resources manager for a warehouse and distribution center. One of our employees, a truck driver, recently confided to me that he has a problem with illegal drugs. He is a long-term employee with a history of solid job performance, although he has had some attendance issues. I'd like to keep the employee's confidence, but I am concerned about safety issues relating to his drug use. What are my options?

A What should a human resources manager do if an employee in a safety sensitive position voluntarily reveals that he has a problem with illegal drugs? A related question is, what options does an employer have if an employee tests positive for illegal drugs? The law provides some parameters to help resolve your dilemma.

I HAVE A DRUG PROBLEM

If an employee reveals he has a drug problem, one option might be termination, provided the drug use is current. However, discharge is not the only available alternative.

When an employee voluntarily self-identifies as having a drug problem, the company might decide to place the person on a leave of absence to obtain treatment and have the employee enter into a "last chance assistance agreement." This type of action might even be required by law in some states.

A last chance assistance agreement usually requires that the employee, at his or her expense, enter into a substance abuse treatment program. By signing the agreement, the employee agrees to participate fully in the program and authorizes the program provider to disclose to the employer information regarding the employee's participation and compliance with treatment recommendations. Such agreements provide for return to work upon successful completion of the program, as well as unannounced drug screening for a period of time after the employee returns.

In some cases, an employee might take leave under the Family and Medical Leave Act for substance abuse treatment by a health care provider. If the employee is not eligible for FMLA leave or if the employer has less than 50 employees, then the employer should apply whatever leave policy it has in place, if any.

Note, however, that an employee's absence resulting from his or her drug use--as opposed to an absence relating to treatment--does not qualify as FMLA leave. Nor are employers required to provide FMLA leave to employees who would otherwise be terminated for testing positive for illegal drugs under the company's policy.

THE TEST IS POSITIVE

If an employee tests positive for illegal drugs, the employer has three basic options, beginning with automatic termination. This option is easy for employers to apply, since there is no discretion involved and, therefore, less chance that the employer will treat similarly situated employees in a disparate manner.

You should be aware, however, that automatic termination for a positive drug screen might not be an option under some state laws. Consult with legal counsel to determine whether an automatic termination rule violates the law in your state.

Also consider the practical implications of such a rule. For example, do you want a hard and fast termination rule when the market for qualified mechanics is tight? If you have an automatic termination rule in place, are you ready to terminate your best mechanic when he or she tests positive and claims it was a one-time use of illegal drugs? When you start making exceptions to such a rule, you run the risk of a discrimination claim.

A second option is progressive discipline. Many, if not most, employers use some form of progressive discipline that allows the employer to impose disciplinary measures ranging from a verbal or written warning, to suspension, to termination. One question progressive discipline raises is whether all positive drug tests will result in the imposition of the same type of discipline. In other words, is a positive result for marijuana treated the same as a positive result for cocaine?

The third option is to place the employee on a leave of absence and require a last chance assistance agreement. The Department of Transportation regulations contemplate such an action: before returning to duty performing a safety sensitive function, an employee subject to DOT regulations who tested positive (or refused to submit to a drug test) must have a negative drug test after complying with prescribed substance abuse education and/or treatment. The employee must undergo follow-up testing upon returning to the performance of those functions.

AMERICANS WITH DISABILITIES ACT

Generally speaking, a drug test is not a medical examination for purposes of the Americans with Disabilities Act and will not be subject to the statute's limitations on when an employer may require employees to submit to medical examinations.

In addition, a current user of illegal drugs is not a "qualified person with a disability" under the ADA, and an individual who tests positive on a urine test is deemed to be a "current user." Therefore, terminating an employee--or withdrawing a job offer in the case of an applicant--based on a positive drug test does not implicate the ADA.
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Women and Drug Abuse

According to the National Institute of Drug Abuse, more than 4 million women use drugs today in America. In the past year alone, 9 million women used drugs illegally and another 50% of all women between the ages of 15 to 44 will try drugs at least once in their lifetime. These troubling numbers are compounded by the fact that many instances of women and drug abuse go unreported. Many women suffer from their drug abuse and addictions silently, secretly hiding their problem from friends and family.

Finding help, therefore, can be a difficult task for women who abuse drugs. Admitting that they have a problem is often difficult particularly when friends and family are unaware of the drug use. Women may deny drug abuse out of fear and shame that their family will be taken away from them if they appear to be unfit caretakers, a stigma associated with women and drug abuse.

Often, women who use drugs have underlying problems which not only exasperate their drug abuse, but are the root cause of it. Women may seek the use of drugs as self-medication for depression, anxiety, and other mental disorders. In fact, the link between drug abuse and mental disorders often go hand in hand, complicating the diagnosis and treatment. A special method called dual diagnosis is therefore necessary to assess patients with co-occurring disorders.

Though every rehabilitation program may claim to offer dual diagnosis, only a few have licensed practitioners who specialize in it. Individuals seeking treatment for drug and/or alcohol abuse can find more information at HarmonyPlace.net.
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California Drug Courts - Stay Out of Jail!

Get Help and Stay Out of Prison!

Drug courts developed as an alternative to the traditional court system in an effort to reduce the overwhelming number of cases, but also to more effectively combat drug and alcohol related crimes which may not be deterred through traditional punitive methods. The drug court program aims to reduce drug usage and repeat offenders, integrate treatment to rehabilitation, and reduce the number of children in the Child Welfare system through providing court supervised treatment.

Treatment for Nonviolent Offenders

Drug courts help to redirect cases for nonviolent offenders so that they are given the opportunity for treatment as an alternative to incarceration. Treatment is ultimately a more effective long term solution and ends up costing the state and community less money.

4 Types of Alternative Sentencing

In California, drug courts have adopted different strategies to find the most appropriate method to combat different crimes and situations. They can basically be divided into 4 types and have been implemented on the state and local level for adults and juveniles. They are largely differentiated by when treatment is offered as an alternative to time in jail.

1 - Pre Plea

The first type is the pre-plea model and is usually for drug possession offenders. It offers them the opportunity to enroll in a court supervised treatment program and if successfully completed nothing will be added to their criminal record. Failure to complete the program starts the process of filing charges.

2 - Post Plea

The post-plea model requires the offender to first enter a guilty plea before starting treatment. If they successfully complete the program which usually lasts nine months to a year, the charges will be dismissed. If they don't complete the program, sentencing for the crime will take place.

3 - Post Adjudication

The third type is the post-adjudication model and is usually used with repeat drug offenders. After they have been convicted and know what their sentence is, they can enter treatment for the length of their sentence instead of spending it in custody. If they fail the treatment program, they will serve their original sentence.

4 - Civil Model

The last type is called the civil model and is used with those involved in a civil action, most commonly regarding child custody. They must enter treatment as a requirement to keeping custody or regaining custody of their child or children. If they are unable to complete the program, they will permanently lose custody.
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Drug Rehabilitation - A Path to Recovery

If you or someone you love is suffering from a drug addiction, know that there are solutions. Checking into a drug rehab center for a drug or alcohol abuse problem is the best way to overcome a drug addiction problem for good. Professionals who work in a drug treatment center help with the recovery process by digging deeper to find out why patients turn to drugs in the first place.

A drug rehabilitation center tackles more than just the medical side of things. Drug treatment is quite complicated, and requires that all sides of the addiction are dealt with. Certain behaviors, family history, health and other issues may all add to a patient's addictive behavior. A proper drug treatment plan tackles the addiction from all avenues.

Drug rehab is not easy, especially when the addicts admitted to the program display difficult behavior. Relapse is always a concern at a drug treatment center because it's a very real possibility, especially when dealing with people with addictive tendencies. Deceitful or stubborn addicts, for example, make the possibility of drug rehabilitation more difficult to achieve. This is why everyone at rehab centers receives a different drug treatment.

Most addicts suffer from their afflictions because of underlying causes - this is what a drug rehab center tries to uncover during drug treatment. A drug treatment center will try to get to the real cause of the addiction in order to help the patient get rid of it permanently. Of course, this can take a very long time, as drug rehabilitation can't change ingrained behaviors and habits overnight.

For ultimate success, the addict must take responsibility, accept what the drug rehab center offers, and be willing to work hard for change. A drug treatment center will offer as much help as possible, but the results vary depending on the individual's willingness to progress.

Specifically, a drug rehabilitation center works on drawing out the insecurities that may be fueling the addict's behavior. A drug treatment works best when the root cause of the problem is addressed. In fact, most drug abuse problems occur because of the vulnerabilities in the addict's life. A good drug rehab program will face these issues head on for the prospect of recovery.

If addicts at the drug treatment center socialize with a group of people who encourage drug addiction or drug abuse, this will also be addressed.

Drug rehabilitation can be a lengthy and painful process that brings up difficult issues from the past. For instance, a good drug treatment plan doesn't ignore the possibility that family problems and the need to escape from reality are often a large contributing factor. A drug detox center will try to help the addict deal with problems in other, more productive, ways.

Rehab centers offer substance abuse treatment that caters to the individual's unique life circumstances and problems. This is the most effective way to work through a complete drug detox and help the patient rid such a painful addiction permanently. A proper substance abuse treatment plan may also include improving the health and diet of the addict in order to cleanse the system of toxins.
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Teen Alcohol Dependency

As disheartening as it is to see a shabby weary man lying prostrate on the park bench sleeping off his alcohol intake, a eternally drunken teen is an even more tragic sight.

Alcoholism is best understood as addiction to alcohol, wherein a person has become dependent on alcohol in order to feel right. This sort of dependency takes a period of time to develop, which is why we might expect to encounter it only amongst mature grown ups. Gravely though heavy alcohol intake is often part of teenage culture, and enormous amounts of alcohol, even in the short term, do cause a chemical imbalance in the brain which can result in alcohol dependency.

Even a seemingly inconsequential amounts of alcohol affects chemicals in the body such as the gamma-aminobutyric acids, responsible for inhibiting impulsiveness, and glutamate, which stimulates the nervous system. Excessive drinking decreases the body of these chemicals, in the absence of which the body commences to want alcohol. Young bodies may be utterly unprepared for the sort of consequences that early-age-onset drinking can .

If a teenager suddenly finds himself or herself in a peer group where alcohol consumption is the norm, they may suddenly attack their system with excessive amounts of alcohol, even if they have never touched the smallest amount of liquor up to that point, in order to gain respect or acceptance from their mates. This can unmistakably be very harmful to their health.

Studies suggest that nearly 60% of young people who take up drinking, do so in order to feel more mature! Some will have seen their parents drinking, and will take up the addiction to become like them. More often though nowadays young drinkers will either just be following the group or trying to imitate some other role model - a sporting hero, rock star or gang leader - for whom hard drinking is a fundamental part of their .

Obviously image and advertising have a lot to do with early-age-onset drinking. Films tend to represent tough guys as hard core drinkers. The media portrays fun girls as party girls. And obviously the advertising companies behind alcoholic beverages work hard at associating alcohol consumption with popularity and success. For this reason education can be a key factor in helping to restrain the level of alcohol abuse and alcoholism amongst young people.

Input from the home and the school can help create a more balanced understanding of both the benefits and dangers of alcohol consumption. Of course, for teenagers who are set on to resist the authority of home and school, educational programs of this kind can have the opposite affect of that was planned, where teenagers will consider their drinking to be a sign of their independence from authority. Ironically of course, such rebellion really only shows a subservience to an alternative authority - namely, that of the advertising magnates who promote alcohol consumption.

As in the case of most dreaded teenage attitude, the peer group is often the key. If your teenage son is part of a peer group that drinks, he will drink too. If he's part of strict religious group that never let a drop of alcohol pass their lips, you don't have to worry (about alcohol consumption, at any rate).

Of course there are an abundant factors that can lead a young person to drink excessively, and not every teenager who drinks excessively is going to develop an alcohol dependency. Genetics will partially determine this, along with other various physical and psychological factors. But if there is one straightforward motion that a parent can do to divert a teenager who is on the way to alcoholism it is this: change his or her . Send them to a different school. Have them move interstate to stay with your relatives. Send them on a long overseas trip.

Alcoholism Prevention

Throughout the years many different people have tried to prevent the use of alcohol. Doctors, religious leaders, governments, and even husbands and wives but with all their efforts combined, the levels of alcoholism in the home and workplace has risen drastically. Alcoholism affects more and more people each year. Some of it is learned behavior passed down through the previous generation, specifically from the parents, but not always.

One key way in preventing alcoholism is to stop the cycle within the family unit before it is passed down to another generation of children. With all the mysteries still surrounding alcoholism, this strategy is not an absolute guarantee that alcoholism won't rear its ugly head again. Sometimes alcoholism "skips" a generation. For instance, a child may grow up in an alcoholic home, growing to despise alcohol and all of its damaging traits, and never drink. This child grows into adulthood, marries and has children of their own. Later, their children grow and one of them becomes an alcoholic even though there was rarely any booze around them.

Another key in preventing alcoholism is education. Informing children of the dangers of underage drinking will help in increasing their chances of not becoming alcoholic. The longer a person can go, growing from child to adult without drinking, the better their chances. The seed of alcoholism is usually planted at an early age and if they start drinking, say, as an adolescent or teenager, their chances of becoming alcoholic increase. Not everyone who drinks as a teenager will become alcoholic. Though, there are cases where individuals became alcoholic even though they hadn't started drinking alcohol until their mid-twenties.

The absolute best way to prevent alcoholism and be guaranteed a person will not end up alcoholic is for them to remain totally and completely abstinent. An individual will have the greatest chance of never becoming alcoholic if they don't ever drink. But in this day and age, wishing for someone to never experiment with alcohol at all in their lifetime may be a fruitless endeavor. Somewhere, sometime, they will be offered alcohol. But unlike many other drugs, one drink of alcohol will not make a person an alcoholic. Usually what happens is the individual will enjoy the effects alcohol has on them and they will pursue it again and again until eventually dependency develops. How long it takes for dependency to accrue in the body is anybody's guess. A few months of hard drinking may cause dependence in one person where a few years of hard drinking in another will not.

If someone has a predisposition to becoming alcoholic, it is best to try and have them stop drinking as soon and as early as possible. But if their inclination is more toward alcoholic, they may already be on a path that only they will be able to get off of. Outside influence will have little effect on quelling their drinking. If you have tried everything under the sun to stop drinking but have been unsuccessful, help yourself by accepting outside help. The odds are against you of being successful by yourself. Why not increase the odds and your chances of getting sober and staying sober by admitting yourself to a treatment facility? You and everyone around you deserve it.

Drug abuse pictures before and after