Dealers fight worker substance abuse - home improvement companies enforce strict policies - Brief Article - Statistical Data Included

Home Channel News, March 5, 2001 by Milt Zall

Effective employee management includes written policies and training

A recent decision by the U.S. Supreme Court raises anew the issue of workplace substance abuse and what parameters companies must operate within when trying to enforce their anti-abuse policies.

James Smith, a truck driver for Eastern Associated Coal Corp., tested positive for marijuana on two separate random drug tests. Fortunately for Smith, he was a member of the MineWorkers of America Union.

The union contract stipulated that all disputes between the employer and the union would be resolved by binding arbitration. The employer wanted to fire Smith, but the arbitrator said that "Just cause" did nor exist for the termination.

That provision was in the union contract. It's not clear what the arbitrator felt would qualify as just cause for firing Smith, but testing positive twice didn't satisfy the arbitrator despite the regulation-based public policy against drug use by workers who perform safety-sensitive functions. The employer took the union to court and lost, whereupon it went to the Supreme Court for relief. It struck out there, too.

To minimize their risk in this arena, home improvement companies are enforcing rigid policies against employees' substance use and abuse of any sort.

For example, substance abuse among drivers working for Saginaw, Mich.-based pro dealer Wolohan Lumber has not been a prevalent problem, which Jerry Chiplock, Wolohan's human resources director, attributes to his company's screening efforts. Chiplock said all candidates for truck driver and other safety-sensitive positions with Wolohan Lumber go through a pre-employment screening program. Anyone who tests positive isn't hired.

Employees are also randomly tested, as are drivers who are involved in an accident. Wolohan terminates those who test positive. The employees have the option of enrolling into self-help program and if they seek re-employment they must demonstrate that they have successfully completed a drug rehabilitation program. Even then, there's no guarantee of employment, but there is a second chance.

Such preventive measures, however, often aren't enough to keep employers from hiring workers with substance-abuse problems, as the following data indicate:

*Seventy percent of all illegal drug users are employed, either full or part-time. This suggests that over 10 million workers are current illicit drug users.

*Studies estimate that one in 12 employees currently uses illegal drugs.

*One in 10 people in the United States has an alcohol problem.

There is no absolute "model" substance abuse program that is right for all companies. What works will depend largely on a company's circumstances, needs, location, culture, resources and past experiences with alcohol and other drug abusers within the workplace. Creating an environment with zero tolerance for that abuse, however, appears to be the best first step in any prevention program, according to experts in the field.

Dealers contacted by NHCN identified some key factors that have helped to shape their companies' programs:

Step 1: Use a clear, comprehensive policy

A policy statement should reflect a company's needs and values. For example, Scherer Brothers Lumber in Minneapolis randomly tests its drivers once or twice a year and tests drivers after accidents. But unlike Wolohan Lumber, Scherer Brothers doesn't automatically terminate an employee who tests positive. Instead, it refers the employee to the company's Employee Assistance Program. The employee is evaluated and a determination is made as to the appropriate course of action.

"If the counselor determines that the driver needs 30 days of out-patient rehab, then we'll hold the job for the employee, and when he returns, his position is conditional for two years," said Steve Duke, Scherer Brothers' safety officer. "We support employees who are trying to help themselves."

Wickes Lumber, the 100-yard dealer based in Vernon Hills, Ill., has a similar setup to Scherer Brothers'. After a driver who tests positive satisfactorily completes the rehab program recommended by the assistance program, he or she is placed in a non-driving job -- if one is available -- for one year. After the year is up, the employee is eligible for a driving job, once again only if one is available, according to Tim White, Wickes' human resources director.

Step 2: Teach supervisors

*Methods of detecting drug and alcohol use/abuse;

*Prevention and education strategies;

*Understanding drug-testing issues;

*How to benefit from using an Employee Assistance Program for referral and return-to-work; and

*Using an Employee Assistance Program as a resource that can help a supervisor deal with employees' job performance problems.

Step 3: Educate employees

*Explain the company's workplace substance abuse policy, telling them about the dangers and related consequences of using drugs and alcohol, both on and off the job;

*Inform employees about how drugs and alcohol actually affect the company's productivity, product quality, morale, absenteeism, health care benefits costs and accident rates. Inform employees on how to get help through the confidential Employee Assistance Program regarding drug and alcohol problems or any type of personal problem.