University Business Policies and Procedures Manual

3270
SUSPECTED EMPLOYEE IMPAIRMENT AT WORK
Effective Date: April 10, 1997
Subject to Change Without Notice

1. General

This policy describes the procedures supervisors are to follow when dealing with an employee who appears to be impaired while at work. There may be other more specific policies and regulations that apply to certain employees such as those in occupations requiring licensure (i.e. transportation and patient care). This policy is not intended to supersede such policies and/or regulations.

Impairment may be due to such things as the use of alcohol or other substances (legal or illegal) or medical and/or psychological conditions. The University encourages employees to seek appropriate help following an incident of suspected impairment. It is also hoped that supervisors and employees will make use of resources the University provides, including the University Counseling, Assistance, and Referral Service (CARS), to resolve potential problems long before such occurrences take place. If a supervisor is unsure whether the situation is covered by this policy, the supervisor should call CARS. Supervisors may consult with University Employee Occupational Health Services (EOHS) for situations that appear to be primarily medical in nature.

An employee who is impaired may not remain at his or her work site because of the increased risk for accidents and other dangerous or hostile behavior. For the safety of the impaired employee and others at the University, it is important that the impaired employee leave the work site immediately in a safe and orderly manner. Since safety is the primary objective of this policy, all employees are encouraged to take appropriate action when faced with the possible impairment of a co-worker.

2. Determination of Impairment

2.1. Determination by a Supervisor or Manager

A supervisor may determine there is a reasonable possibility that an employee is impaired by observing the employee's behavior, appearance, or odor. Whenever possible, another individual should confirm the observations and accompany the supervisor as he or she talks to the employee. Ideally this person should be a supervisor at the same level or higher. The individual selected must understand that all aspects of the incident are confidential. If no one is available, it is important for the supervisor to take action based on his or her observations.

An employee whose behavior, appearance, or odor suggests impairment shall be placed on Administrative Leave With Pay for the balance of the workday and asked to leave the work site by the supervisor. However, the supervisor should not physically restrain the employee or interfere with the employee's free movement in any way. Supervisors shall take those actions described in this policy which are appropriate to the perceived level of impairment as described in Section 3. herein. If the employee refuses to leave and is not violent, verbally abusive, or otherwise threatening (refer to Section 3.2. herein), call CARS. If CARS is unavailable, call the campus police for assistance. Campus police will determine whether or not it is necessary to send an officer.

2.2. Determination by an Employee

When an employee suspects another employee is impaired, he or she shall notify the impaired employee's immediate supervisor. If an employee suspects his or her supervisor is impaired, he or she shall notify the supervisor's immediate supervisor. In either case, if the immediate supervisor is not available, the next higher level supervisor shall be notified. When a supervisor is notified of suspected impairment, the supervisor shall follow the procedures listed in this policy. An employee reporting suspected impairment is protected from retaliation in accordance with "Reporting Misconduct and Retaliation" Policy 2200, UBP.

2.3. Employee Protests Impairment Determination

An employee who protests that he or she is not impaired should be told that he or she may go immediately and voluntarily to EOHS or a medical facility of his or her choice for a medical evaluation. (If the impairment may be due to medication, the employee should consult his or her own medical and/or mental health provider.) With the employee's permission, results of such an evaluation will be considered in determining any further action. If an evaluation certifies the employee is impaired, the employee is responsible for the cost of the evaluation. If a timely evaluation certifies the employee is not impaired, the employee's department is responsible for the cost of the evaluation.

3. Procedures Based on Perceived Level of Impairment

3.1. Severely Impaired

If an employee is severely impaired (e.g., unconscious, staggering, or incoherent), the supervisor should:

• Call 911 immediately and request an ambulance to transport the employee to the emergency room.
• Have someone stay with the employee until medical or emergency personnel arrive if at all possible.
• Make sure the employee is safely in the custody of medical or emergency personnel.
• Document the incident in writing, complete applicable portions of the Impaired Performance Incident Checklist (Exhibit A.), and follow the procedures listed in Sections 5. and 6. herein.

3.2. Violent, Verbally Abusive, or Otherwise Threatening

If an impaired employee is violent, verbally abusive, or otherwise threatening the supervisor should:

• Call the police at 911 for assistance.
• Not attempt to physically restrain the employee or interfere with the employee's free movement in any way.
• Take reasonable efforts to protect him/herself and others.
• Document the incident in writing, complete applicable portions of the Impaired Performance Incident Checklist (Exhibit A.), and follow the procedures listed in Sections 5. and 6. herein.

3.3. Other Cases of Impairment

In cases where the employee is not severely impaired, violent, verbally abusive, or otherwise threatening, the supervisor should briefly observe the employee for objective indicators of impairment for later documentation. The supervisor should talk to the employee in a private setting to advise him or her of the observations and concerns regarding suspected impairment. Whenever possible, another individual should confirm the observations and accompany the supervisor as he or she talks to the employee. Ideally this person should be a supervisor at the same level or higher. The Impaired Performance Incident Checklist (Exhibit A.) should be used as a script for this discussion. When possible, the employee will be asked to sign the checklist.

If the supervisor is satisfied that there is a reasonable indication of impairment, the supervisor should tell the employee that he or she:

• Is being placed on Administrative Leave With Pay for the balance of the workday due to suspected impairment and is required to return to work on the next scheduled work day or if unable to return, the employee must call in to request the appropriate leave.
• Must leave the work site according to the procedures listed in Section 4. herein.
• May call CARS for assistance.
• May or may not face disciplinary action, but is not currently being disciplined.
• Will need to provide EOHS with a statement from a licensed medical and/or mental health provider certifying that the employee is physically and emotionally able to return to work. At the employee's request, EOHS can coordinate with the employee's health care provider to facilitate this process.
• Document the incident in writing and follow the procedures listed in Sections 5. and 6. herein.

In all cases, the employee should be given a copy of the checklist which clarifies the employee's responsibilities and the supervisor's responsibilities. The supervisor should make reasonable efforts not to involve the employee's co-workers in the conversation apart from the individual selected to be the observer.

4. Getting the Employee Safely off the Work Site

The goal is to get the employee safely off the work site. From the options listed below, the supervisor shall find appropriate transportation for the impaired employee to either a medical facility or the employee's home. The supervisor should actively discourage an impaired employee from driving him/herself, but the supervisor should not physically restrain the employee or interfere with the employee's free movement in any way. Supervisors or other employees are discouraged from using their own vehicles to transport employees showing signs of impairment. The supervisor should:

• Ask the employee if he or she would be willing to accept a taxi cab ride paid for by the University to either a medical facility or the employee's home. The University has an account with the Yellow Cab Company identified as the "UNM Employee Safety Shuttle." The account is through the University Campus Office of Substance Abuse Prevention (COSAP) . If another company is used, the University will reimburse the supervisor for the expense.
  
• Ask the employee for a name and phone number of an individual who could provide a ride.
  
• Ask the employee if he or she would accept a courtesy ride from Campus Police.

The supervisor shall inform an employee who refuses to accept alternative transportation that the supervisor is required to call the police if the employee chooses to drive any vehicle. The supervisor must call the police if the employee drives any vehicle.

5. Employee's Return To Work

The employee will be allowed to return to work, but first the employee must provide EOHS with a statement from a licensed medical and/or mental health provider certifying that the employee is physically and emotionally able to return to work. At the employee's request, EOHS can coordinate with the employee's health care provider to facilitate this process. If the employee is not able to return to work on the next scheduled workday, he or she is required to call in as provided for in University policy or departmental procedures. If the supervisor does not hear from the employee on the next business day, the supervisor should attempt to call the employee to inform him or her of his or her responsibilities.

In cases where CARS or EOHS determines the employee or the University may be at significant risk, CARS or EOHS will instruct the supervisor to extend the employee's Administrative Leave With Pay for a designated period of time to allow time for evaluation of the situation. During this time CARS or EOHS will review the situation to determine when the employee is able to return to work. Recommendations made by other licensed health professionals to extend Administrative Leave With Pay should be referred to CARS or EOHS for a determination. An employee's Administrative Leave With Pay will be extended at the University's option and then only in the interests of safety.

6. Follow-up Action

The supervisor should consult with CARS as soon as possible to discuss ways to help the employee. The Department of Human Resources should also be consulted on any related employment issues. The supervisor should meet with the employee within two (2) days of the employee's return to work to discuss the consequences and future management of the employee's impaired behavior. The University expects the impaired behavior will cease in the workplace and that the employee will seek assistance to prevent a recurrence. At this time the supervisor should also inform the employee of his or her options for assistance through CARS. If the supervisor is unavailable, then he or she should designate an appropriate person to meet with the employee.

6.1. Disciplinary Action

Depending on the circumstances and the causation of the suspected impairment, the employee may or may not be subject to disciplinary action. Any disciplinary action must comply with "Performance Management" Policy 3215, UBP. As stated in "Counseling, Assistance, and Referral Service" Policy 3750, UBP, a supervisor may offer an employee the opportunity to seek services at CARS (or a place recommended by CARS) in lieu of disciplinary action.

 

7. Attachments

Exhibit A. Impaired Performance Incident Checklist

Comments may be sent to UBPPM@UNM.edu
http://www.unm.edu/~ubppm