The Leader Autumn 2018 - Substance Abuse & the Workplace

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VOLUME 5, ISSUE 4, AUTUMN 2018

SUBSTANCE ABUSE & THE WORKPLACE


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LEADER THE

VOL 5. ISSUE 4 AUTUMN 2018

features

CONTENTS

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The Opioid Crisis: Alternatives to Chronic Pain The opioid epidemic has cost the U.S. more than a trillion dollars since 2001. The greatest financial cost of the opioid crisis is in lost earnings and productivity losses to employers. Seventy five percent of adults ages 18 to 64 with substance misuse disorders are in the workforce, according to the Substance Abuse and Mental Health Services Administration. Side effects of opioids include drowsiness, mental confusion, depression, nausea, etc. and can increase the risk of workplace incidents, errors and injury. The issue that many companies are facing is the inability to recognize, as well as handle, an employee with an opioid misuse situation.

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State Medical Marijuana Laws and Workplace Drug Testing. . . Does Your Drug Testing Policy Have to Go Up in Smoke? When it comes to safety in the workplace, employers have a lot to worry about: preventing workplace violence, the impact of an aging workforce, complying with ever-changing regulations and safety standards, implementing health and wellness initiatives—just to name a few. Added to that list is now maintaining a safe and drug free workplace while complying with state medical marijuana laws.

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How Employers Can Help End the Opioid Crisis Substance misuse and addiction is a complex issue that requires everyone to play a role, including employers. Safety should be the cornerstone of every workplace. If employers understand how to protect employees from the most pressing threats to their safety, that goal can be a reality.

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Me, Jack and Jim

Alcohol in the workplace is more common than one might think. A survey by the National Council on Alcoholism and Drug Dependence (NCADD) showed that 24 percent of workers surveyed reported drinking during the workday. In a similar study, hospital emergency departments reported that 35 percent of patients with an occupational injury were considered at-risk drinkers.

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www.vpppa.org

features continued

VPPPA National Board of Directors

Fentanyl Epidemic Increasing Risks for Workers

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Fentanyl is anywhere from 50 to 100 times as powerful as heroin, and just a few granules can cause a fatal overdose. There were just shy of 10,000 overdose deaths from fentanyl or fentanyl analogs in the U.S. in 2015. In 2016, the most recent year for which we have complete data, the number ballooned to more than 20,000. The potency, low cost and widespread availability are amplifying the national drug epidemic in new and devastating ways.

Keeping drugs and impaired employees out of the workplace is the least we can do to protect the workers who are there to do a job and help the company be successful. So, to help prevent these injuries and accidents from a substance abuse stand point, one thing that employers can do is to make sure their substance abuse policies are more robust to deal with the new legislation.

Preventing Substance Abuse Issues in the Workplace

Chairperson J.A. Rodriguez, Jr., CSP, SGE, Raytheon Company, LLC Vice Chairperson Rob Henson, LyondellBasell Treasurer Chris Adolfson, Idaho National Laboratory Secretary Terry Schulte, NuStar Energy, LP Director from a Site With a Collective Bargaining Unit Jack Griffith, CH2M Hill Plateau Remediation Company Director from a Site Without a Collective Bargaining Agent Richard McConnell, Austin Industrial at LyondellBasell Director from a DOE-VPP Site Stacy Thursby, AECOM Director from a VPP Contractor/ Construction Site Jamie Robey, CSP, SGE, The Brock Group Director-at-Large Johnathan “JD” Dyer, Shermco Industries Director-at-Large Kristyn Grow, CSP, CHMM, SGE Cintas Corporation Director-at-Large Sean D. Horne, Valero Energy Director-at-Large Kimberly Watson, Oldcastle Precast Director-at-Large Dan Lazorcak, CSP, Honeywell International Director-at-Large Alice Tatro, Acushnet Company—Ball Plant II Editor Kerri Carpenter, VPPPA, Inc. Associate Editor Jamie Mitchell, VPPPA, Inc.

sections A MESSAGE FROM THE VPPPA CHAIRPERSON

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GLOBAL SAFETY AND HEALTH WATCH

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Look for these topics highlighted in the top right corner of each section. G overnment

MEMBERSHIP CORNER

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M embership

STATE-PLAN MONITOR

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H ealth

VPPPA REGIONAL ROUND-UPS 43 INFOGRAPHIC CORNER

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CALENDAR OF EVENTS

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Editorial Mission The Leader (ISSN 1081-261X) is published quarterly for VPPPA members. The Leader delivers articles from members for members, safety and health best practices, developments in the field of occupational safety and health, association activities, educational and networking opportunities and the latest VPP approvals. Subscriptions are available for members as part of their membership benefits and at a 50 percent discount beyond the complimentary allotment. The nonmember subscription rate is $25 a year. Ideas and opinions expressed within The Leader represent the independent views of the authors. Postmaster >> Please send address changes to:

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VPPPA, Inc. • 7600-E Leesburg Pike • Ste. 100 Falls Church, VA 22043-2004

Outreach

VPPPA, Inc., the premier global safety and health organization, is a nonprofit 501(c)(3) charitable organization that promotes advances in worker safety and health excellence through best practices and cooperative efforts among workers, employers, the government and communities.

THE LEADER / AUTUMN 2018

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A Message From The VPPPA Chairperson

W J.A. Rodriguez, Jr.

A word on partnerships: There are several outstanding organizations that are dedicated to the various aspects of protecting the safety and health of our workforce... In the end, we all share the same commonality, the safety and health of people.

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e are at an exciting point of inflection in our Association’s history. Thank you for voting for change and for the honor bestowed upon me to serve as your Chairman. My deepest appreciation goes out to Mike Guillory for his dedicated decades of service to VPPPA and the OSHA Voluntary Protection Program. We just came off our largest ever Safety+ Symposium in Nashville, TN, with a record number of attendees. Our partnership with sponsors, exhibitors, and the Tennessee Safety and Health Congress truly defined what can be accomplished when we work together to deliver a high quality, extremely informative, cost effective, and bestpractice sharing learning experience. We are working diligently to bring you an even bigger and better experience for Safety+ in New Orleans next year. Our National VPPPA Team and Board of Directors are listening, and we are making the changes and improvements you have recommended. For the first time in over a decade, we had a sitting U.S. Secretary of Labor offer his insights on OSHA’s path going forward and his unwavering support for VPP. Secretary Alexander Acosta received several resounding applauses from our members when he stated: “In regulating and enforcing, prevention should be the first goal. The VP Program (VPP) exists to prevent tragedies and harmful mistakes and injuries and it has proven its value again and again.” Secretary Acosta provided an example of his experience while visiting a VPPPA Full Member site in Dallas, TX: “My tour of the Raytheon Facility was an opportunity to see the breath of the effort it takes to achieve Star program distinction. As we follow the clearly marked hallways, careful not to cross into active work areas, I also got the opportunity to see the value of the VP Program in the individuals. The dedication to safety of the individuals that were part of this program, and it was all about the people, people like you, allowed Raytheon as a company to focus instead on their business and on developing their personnel talents. Participation in the VPP Program keeps employees safer but importantly, it also gives businesses an edge.” Secretary Acosta continued, “In addition, surveys by states reveal that several critical businesses function much better with VPP certification. Employees take more of an active interest in the business. I saw that at Raytheon. Managers are more engaged, and communications improved.

Top down, bottom up and everything in-between, activated employees, engaged managers, better communications make for more profitable and more efficient business thanks to VPP.” Secretary Acosta’s address was exciting, empowering and insightful. We look forward to working with OSHA in promoting and supporting the VPP program through the involvement of our amazing membership, sponsors, exhibitors, and supporters. A word on partnerships: There are several outstanding organizations that are dedicated to the various aspects of protecting the safety and health of our workforce. Some focus on the safety or industrial hygiene professional, others focus on the construction industry, while others focus on certification, policy, statistics, home and teen safety, transportation safety, and distracted driving. In the end, we all share the same commonality, the safety and health of people. VPPPA is poised to partner with these organizations so we can help and learn from each other in this regard; so, we can leverage resources for the common good; so, we can drive excellence in performance through the power of purpose and community. Stay tuned for more updates on our progress. A word on VPP codification: We will be reevaluating what has worked, and leveraging those experiences. We will be reevaluating what did not work and learning from those experiences. We will be developing a formal strategic plan that forges a path forward in complete partnership with all stakeholders. One of my passions is inspiring our young VPPPA professionals to reach greater heights in their careers. The future of our Association rests in their hands. Our young professionals help keep our Association current and relatable. Their voice is important and critical for continuous advancement. It is with this in mind that I will initiate a Young Professional’s Advisory Council, whose mission will be to advise us on how our Association is doing, what we can do to help them grow professionally, and how we can better engage and communicate. This Advisory Council will also offer our young VPPPA professionals an opportunity to contribute to the national agenda on a national stage, thereby building their leadership skills in support of our member organizations. We are living in exciting times. Your support for change, for growth and for continued advancement is the fuel leading us in that direction. We are truly transforming tomorrow together. vpppa.org


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global safety and health watch

BY JAMIE MITCHELL, COMMUNICATIONS COORDINATOR, VPPPA, INC.

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rugs and alcohol have been widely used for centuries all over the globe. Different cultures have a variety of societal views, as well as legal regulations, regarding these substances. More recently, as some types of drugs evolve or become more prevalent, policies are being created or changed. (We used resources from the Schaffer Library of Drug Policy, and other sources, to create the below timeline.)

1856–1860 c. 1650 The use of tobacco is prohibited in Bavaria, Saxony, and in Zurich, but the prohibitions are ineffective. Sultan Murad IV of the Ottoman Empire decrees the death penalty for smoking tobacco.

c. 1000 Opium is widely used in China and the far East.

3500 B.C. Earliest historical record of the production of alcohol—The description of a brewery in an Egyptian papyrus.

1717 Liquor licenses in Middlesex (England) are granted only to those who “would take oaths of allegiance and of belief in the King’s supremacy over the Church.”

1800 Napoleon’s army, returning from Egypt, introduces cannabis into France.

1493

1792

1839–1842

The use of tobacco is introduced into Europe by Christopher Columbus and his crew returning from America.

The first prohibitory laws against opium in China are promulgated. The punishment decreed for keepers of opium shops is strangulation.

The First Opium War. This was started as a trade dispute between the British and the Chinese Qing Dynasty. The trade of Chinese goods was extremely profitable for British merchants. However, the Chinese would not buy British products in return, but would only sell their goods in exchange for silver. To stop this, British merchants began to smuggle Indian opium into China illegally, and demanded payment in silver.

1691 In Luneburg, Germany, the penalty for smoking (tobacco) is death.

The Whisky Rebellion, a protest by farmers in western Pennsylvania against a federal tax on liquor, breaks out and is put down by overwhelming force sent to the area by George Washington.

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The Second Opium War. The treaty from the First Opium War did not satisfy British goals of improved trade and diplomatic relations. Using the Chinese boarding of a British ship as a justification for war, the British attacked Chinese port cities, starting the Second Opium War.

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1930 1921 1909 The United States prohibits the importation of smoking opium.

The U.S. Treasury Department issues regulations outlining the treatment of addiction permitted under the Harrison Act. In Syracuse, New York, the narcotics clinic doctors report curing 90 percent of their addicts.

The Federal Bureau of Narcotics is formed. Many of its agents, including its first commissioner, Harry J. Anslinger, are former prohibition agents.

2018 30 states and the District of Columbia have legalized medical marijuana. Nine states and the District of Columbia have legalized marijuana for recreational use.

1903 The composition of Coca-Cola is changed, caffeine replacing the cocaine it contained until this time. (Coca-Cola previously contained extracts of coca leaves and kola nuts. It is hard to determine how much cocaine was in the original formula, but in the early days it did contain some.)

1920–1933

1924

1996

The use of alcohol is prohibited in the United States.

The manufacture of heroin is prohibited in the United States.

California becomes the first state in the country to legalize medical marijuana.

October 17, 2018 Canada legalizes recreational marijuana in full.

Resources: Drugs and alcohol are not a new topic. Throughout history, laws have been written, amended and reversed regarding these substances—wars have, and continue to be, fought over them—and the situation is still constantly changing. As the opioid crisis continues to engulf the United States, and states continue to legalize marijuana, this discussion is far from complete; especially when it comes to safety in the workplace, this subject is exceptionally tricky.

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1. www.druglibrary.org/schaffer/history/ histsum.htm 2. www.snopes.com/fact-check/cocainecoca-cola/ 3. www.britannica.com/topic/Opium-Wars 4. www.nam.ac.uk/explore/opiumwar-1839-1842 5. history.state.gov/milestones/1830-1860/ china-2

THE LEADER / AUTUMN 2018

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BY LEV FURMAN DC, MS, ACU What does a public emergency look like? People may think it is when a weather-related disaster is on its way, and we must evacuate to find safety. What does a national public health emergency look like? That is what our country is currently experiencing, the opioid crisis. We cannot evacuate, we cannot hide, and we cannot run for shelter. The opioid crisis has entered our homes and our lives, and is something many people are forced to face head on. We are experiencing the biggest attack this country has ever seen, taking an average of 46 lives a day with a price tag of over a trillion dollars.

The

Opioid Crisis: Alternatives to Chronic Pain

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D

rug overdose deaths and opioidinvolved deaths continue to grow in the United States. According to the Center for Disease Control (CDC), overdose deaths from opioids, including prescription opioids and heroin, have increased by more than five times since 1999. Overdoses involving opioids killed more than 42,000 people in 2016, and 40 percent of those deaths were from prescription opioids, such as oxycodone (OxyContin®), hydrocodone (Vicodin®), codeine, morphine and many others. You might ask how did prescription drugs get so out of hand? Aren’t these drugs supposed to be regulated by the government, hospitals and doctors? The opioid epidemic actually began in 1991, when doctors became increasingly aware of the burdens of pain their patients were experiencing. Pharmaceutical companies saw an opportunity and persuaded doctors to prescribe opioids to treat a myriad of pain. These pharmaceutical companies failed to disclose the safety and efficacy of these very addictive drugs. The number of prescriptions increased rapidly, landing in the hands of not just patients, but family members of the patients, friends of patients and the black market. Eventually, some painkiller users moved on to other opioids, like the illegal drug heroin. The opioid epidemic has cost the U.S. more than a trillion dollars since 2001. The greatest financial cost of the opioid crisis is in lost earnings and productivity losses to employers. Seventy five percent of adults, ages 18 to 64, with substance misuse disorders are in the workforce, according to the Substance Abuse and Mental Health Services Administration. Side effects of opioids include drowsiness, mental confusion, depression, nausea, etc., and can increase the risk of workplace incidents, errors and injury. The issue that many companies are facing is the inability to recognize, as well as handle, an employee with an opioid misuse situation. What are we currently doing to combat this national health crisis? Our country has taken an initiative to prevent future generations of opioid users. Some states have

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limited the amount of opioid prescriptions a doctor is allowed to prescribe. The federal government has put some opioids on a stricter regulatory schedule, and law enforcement has threatened doctors with incarceration and the loss of their medical licenses if they provide opioids unethically. The CDC has released guidelines that, among other proposals, ask doctors to avoid prescribing opioids for chronic pain except under certain circumstances. The opioid crisis has clearly made a massive impact on our country and has left many individuals struggling to stop taking these drugs, and in some cases get their lives back on track. The need for more approaches to treatment are vital to finding the solution to the crisis we are facing. Prescription drug addiction is leading users to heroin abuse and fatal overdoses. Fortunately, those in recovery and current users are looking into alternative pain-relieving methods. The need for a safer, less addictive method for pain relief is undeniably necessary. Alternative treatment methods have been found beneficial for pain compared to long term opioid therapy, according to the CDC. Alternative methods to effectively treat chronic pain include: • Chiropractic Care—Chiropractors are equipped to perform a first-line assessment and care for neck, back and neuromusculoskeletal pain to avoid opiate prescribing from the first onset of pain. • Physical Therapy—Physical therapists treat pain through movement, hands-on care, and patient education. By increasing physical activity, you can also reduce your risk of other chronic diseases. • Acupuncture—This ancient technique has been shown to reduce chronic low back pain, chronic headaches, knee osteoarthritis, post-operative pain, nausea, as well as to help treat addiction. • Cognitive Behavioral Therapy (CBT)— CBT teaches coping mechanisms for pain management by helping individuals recognize symptoms, control their perceptions of pain, put their focuses

The opioid crisis has clearly made a massive impact on our country and has left many individuals struggling to stop taking these drugs, and in some cases get their lives back on track.

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The need for more approaches to treatment are vital to finding the solution to the crisis we are facing. elsewhere, and develop strategies to adapt and conquer any negative feelings. There are many challenges to solving the opioid crisis, and the approach we must take is multi-dimensional. This begins with educating the public on the risks of taking opioids of any kind. Next, the workforce must implement strategies to identify and manage employees who are struggling with addiction and pain to prevent further danger or injury. Finally, along with the government and state level enforcement, public health programs can make a difference by becoming involved in their communities and educating others on the tragic crisis that has already hurt so many lives. The unfortunate truth is many of us may have already experienced a family member or friend hurt by this crisis. The future of the opioid crisis is in our control and we have the ability to manage it. This is our wake-up call to take action.

Dr. Lev Furman is a Chiropractic Physician and holds a Masters degree in Sports Science and Physical Rehabilitation from Logan University. Dr. Furman is currently the CEO of Furman Institute of Health in St. Louis, MO, which provides On-Site Chiropractic, Ergonomics, and Wellness Programs for corporations such as Cintas Corp., Build a Bear World HQ, Pepsi Corp., Frito-Lay, St. Louis County Government Center, and many more. Dr. Furman strives to bring the latest in alternative evidence-based medicine and public health programs to the forefront of corporate health and wellness programs. Lev Furman DC, MS, ACU drlev@outlook.com www.furmanhealth.com

References 1. Hedegaard H, Warner M, Miniño AM. Drug overdose deaths in the United States, 1999– 2016. NCHS Data Brief, no 294. Hyattsville, MD: National Center for Health Statistics. 2017/ CDC. Wide-ranging online data for epidemiologic research (WONDER). Atlanta, GA: CDC, National Center for Health Statistics; 2016. Available at wonder.cdc.gov 2. Seth P, Scholl L, Rudd RA, Bacon S. Overdose Deaths Involving Opioids, Cocaine, and Psychostimulants—United States, 2015–2016. MMWR Morb Mortal Wkly Rep. March 2018. 67(12);349–358. 3. Algren D, Monteilh C, Rubin C, et al. Fentanyl-associated fatalities among illicit drug users in Wayne County, Michigan (July 2005–May 2006). Journal Of Medical Toxicology: Official Journal of the American College Of Medical Toxicology [serial online]. March 2013; 9(1):106–115. 4. Centers for Disease Control and Prevention. Vital Signs: Today’s Heroin Epidemic—United States, 2012. MMWR 2015; 64(26);719–725. 5. Seth P, Scholl L, Rudd RA, Bacon S. Increases and Geographic Variations in Overdose Deaths Involving Opioids, Cocaine, and Psychostimulants with Abuse Potential—United States, 2015–2016. MMWR Morb Mortal Wkly Rep. ePub: 29 March 2018. 6. Wide-ranging online data for epidemiologic research (WONDER). Atlanta, GA: CDC, National Center for Health Statistics; 2017. Available at wonder.cdc.gov. 7. Seth P, Scholl L, Rudd RA, Bacon S. Increases and Geographic Variations in Overdose Deaths Involving Opioids,

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Cocaine, and Psychostimulants with Abuse Potential—United States, 2015–2016. MMWR Morb Mortal Wkly Rep. ePub: 29 March 2018. 8. Kolodny et al. 2015. The prescription opioid and heroin crisis: A public health approach to an epidemic of addiction. Annual Review of Public Health, 36, 559–74 9. Rudd RA, Aleshire N, Zibbell JE, Gladden RM. Increases in Drug and Opioid Overdose Deaths—United States, 2000– 2014. MMWR 2016, 64(50); 1378–82. 10. Seth P, Rudd R, Noonan, R, Haegerich, T. Quantifying the Epidemic of Prescription Opioid Overdose Deaths. American Journal of Public Health, March 2018;108(4):e1–e3. 11. Centers for Disease Control and Prevention. CDC Health Advisory: Increases in Fentanyl Drug Confiscations and Fentanyl-related Overdose Fatalities. HAN Health Advisory. October 26, 2015. 12. 2017 National Drug Threat Assessment. U.S. Department of Justice, Drug Enforcement Administration. October 2017. 13. Seth P, Scholl L, Rudd RA, Bacon S. Overdose Deaths Involving Opioids, Cocaine, and Psychostimulants—United States, 2015–2016. MMWR Morb Mortal Wkly Rep. March 2018;67(12):349–358. 14. Gladden RM, Martinez P, Seth P. Fentanyl Law Enforcement Submissions and Increases in Synthetic Opioid-Involved Overdose Deaths—27 States, 2013–2014. MMWR Morb Mortal Wkly Rep. Aug 2016;65(33):837–843. 15. Hedegaard H, Warner M, Miniño AM. Drug overdose deaths in the United States, 1999–2016. NCHS Data Brief, no 294. Hyattsville, MD: National Center for Health Statistics. 2017. 16. Wide-ranging online data for epidemiologic research (WONDER). Atlanta, GA: CDC, National Center for Health Statistics; 2016. Available at wonder.cdc.gov. 17. Gladden RM, Martinez P, Seth, P. Fentanyl Law Enforcement Submissions and Increases in Synthetic Opioid-Involved Overdose Deaths—27 States, 2013–2014. MMWR Morb Mortal Wkly Rep. Aug 2016;65(33):837–843. 18. Rudd RA, Paulozzi LJ, Bauer MJ. Increases in Heroin Overdose Deaths—28 States, 2010 to 2012. MMWR Morb Mortal Wkly Rep. Oct 2014;63(39): 849–854. 19. www.samhsa.gov/data/sites/default/files/ report_1959/ShortReport-1959.html 20. altarum.org/about/news-and-events/ economic-toll-of-opioid-crisis-in-u-sexceeded-1-trillion-since-2001

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State Medical Marijuana Laws Workplace Drug Testing. . .

AND

Does Your Drug Testing Policy Have to Go Up in Smoke?

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vpppa.org


BY DENISE ELLIOTT, ESQ. MCNEES WALLACE & NURICK LLC

When it comes to safety in the workplace, employers have a lot to worry about: preventing workplace violence, the impact of an aging workforce, complying with ever-changing regulations and safety standards, implementing health and wellness initiatives—just to name a few. Added to that list is now maintaining a safe and drug free workplace while complying with state medical marijuana laws. To date, 30 states and the District of Columbia have legalized marijuana for medicinal purposes and in doing so, have added to the worries and heartburn of human resources and safety personnel in much of the country. So, what is an employer to do? Maintain a zero-tolerance drug testing policy in reliance on Federal Law? Scrap drug testing all together and throw caution to the wind? Neither extreme is recommended; rather the answer lies somewhere in the middle.

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t is important to first understand how the legalization of medical marijuana impacts drug testing results. For employees that are subject to the Federal Motor Carrier Safety Act, the U.S. Department of Transportation (DOT) Regulations govern the drug testing process. Among other things, the DOT Regulations state that a Medical Review Officer (MRO) must verify as positive a confirmed test result for drugs, unless the employee presents a legitimate medical explanation for the presence of the drug in his/her system. The use of medical marijuana, pursuant to state law, does not constitute a legitimate medical explanation for a positive drug test. In October 2017, the DOT issued a Medical Marijuana Notice providing that “Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use ‘medical marijuana’ . . . It remains unacceptable for any safety‐sensitive employee subject to drug testing under the DOT’s drug testing regulations to use marijuana.” (DOT Medical Marijuana Memo) Notably, the impact of the DOT’s memo likely reaches beyond DOT regulated employees. To ensure consistency and predictability, most MROs follow DOT testing guidelines for all drug tests. Accordingly, even when a non-DOT regulated employee tells the MRO that he/she is certified to use medicinal marijuana, the MRO may nonetheless certify the test as positive. The MRO may include an external note to the employer that the employee claimed medicinal use, but is unlikely to confirm the employee’s claim. The takeaway? Drug testing facilities will not help employers decide how to handle medical marijuana use. A positive drug test will be a positive drug test, regardless of the employee’s compliance with state medical marijuana laws. Accordingly, outside of the commercial driver’s license (CDL) context, the burden remains on the employer to decide, in accordance with its policies, how, if at all, the employee’s medicinal marijuana use impacts employment status. How an employer undertakes this decision-making process will depend, in large part, on two factors: (1) the language of the medical marijuana act in the state(s) in which the company does

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The key here is for employers to know the signs of impairment and to clearly document the reasons for a reasonable suspicion or post-accident drug test. The bottom line is that your drug testing policy need not go up in smoke.

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business; and (2) the circumstances under which the employer conducts drug testing. Two recent federal court cases illustrate the paradigm. On September 5, 2018, a federal court in Connecticut analyzed the following situation: (1) an applicant disclosed to her prospective employer that she was certified to use medical marijuana under Connecticut state law, that she suffered from PTSD and that she took a marijuana pill at bedtime to prevent night terrors; (2) the employer had a zero tolerance post-offer/ pre-employment drug testing policy; (3) the applicant tested positive for marijuana; and (4) the employer withdrew her conditional job offer. Additionally, Connecticut medical marijuana law contains an express anti-discrimination clause: “No employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person’s or employee’s status as a qualifying [medical marijuana] patient.” The applicant sued alleging that rescission of the job offer constituted discrimination in violation of Connecticut law. The court agreed and entered judgment for the applicant. (Noffsinger v. SSC Niantic Operating Co.) In 2017, two other New England based courts ruled for the applicant where a job offer was rescinded based on the applicant’s failure of or inability to pass a drug test due to medical marijuana use. One did so under a similar antidiscrimination provision; the other found that the employer failed to comply with the state’s disability discrimination laws. Conversely, on August 10, 2018, a federal court in New Jersey came down on the side of the employer in the context of post-accident drug testing. The relevant facts were: (1) the employee, a forklift operator, hit his head on the roof of the forklift and required medical attention; (2) as part of the employer’s postaccident drug testing policy, the employee was required to submit to a breath and urine screen; (3) plaintiff disclosed that he was certified to use medical marijuana for pain management related to a 2007 back injury and would not pass a drug test; and (4) plaintiff was placed on indefinite suspension until he could pass the drug test. Notably, New Jersey medical marijuana law does not contain an anti-discrimination clause. Plaintiff filed suit alleging that the New Jersey medical marijuana and disability discrimination laws required that his employer accommodate his use of medical marijuana. Here the court disagreed and entered judgment for the employer stating, “nothing in either statute requires an employer to waive a drug test as

a condition of employment for a federally prohibited substance.” (Cotto v. Ardagh Glass Packing, Inc.) The New Jersey decision mirrors similar post-accident testing decisions out of Hawaii and Montana. Notably, the Montana medical marijuana act provided that “nothing in this part may be construed to permit a cause of action against an employer for wrongful discharge.” What is the moral of these conflicting testing stories? First, the language of the statute is key. Connecticut, along with other states like Rhode Island, Pennsylvania, Maine, Minnesota and New York, has a medical marijuana act that contains an anti-discrimination provision. The statutes in New Jersey and Montana, on the other hand, contain no such protections. Accordingly, step one for any employer is to know the law that applies to you. Second, the circumstances of the test are important. In the Connecticut case, the employer knew that the applicant was a certified medical marijuana user and knew that she had marijuana metabolites in her system when she submitted for drug testing. Although the employer knew nothing else, it refused to hire the applicant. The employer failed to interact with the employee in any meaningful way to determine how, if at all, her medical marijuana use impacted her ability to safely perform the position. Employers would be prudent to engage in, and document, a discussion with the applicant to determine (1) whether the applicant is in fact a certified user under state law: and (2) whether the applicant can safely perform the desired position in light of their off-duty medical marijuana use. Unless the position is subject to federal regulation, zero tolerance treatment is not advised. With postaccident testing, the courts have been more lenient with suspension/termination related to a positive drug test. Reasonable suspicion testing is likely to receive the same treatment, as most statutes allow employers to prohibit an employee from being under the influence of marijuana in the workplace. Accordingly, step two is to consider the reason for the test. The key here is for employers to know the signs of impairment and to clearly document the reasons for a reasonable suspicion or post-accident drug test. The bottom line is that your drug testing policy need not go up in smoke. However, the way you treat certified users of medical marijuana under your policy may need to vpppa.org


change. As employers undertake the burden of parsing the interaction between workplace safety and compliance with state medical marijuana laws, they should consider the following: • Whether they are regulated and/or funded by the federal government in a way that should impact their drug testing policies and their treatment of medical marijuana (accommodating use by federally regulated employees is likely not necessary); • The overall temperament of the company for medicinal marijuana use; • The company’s existing drug testing policies, the circumstances under which employees will be tested, definitions under the policies (i.e. “under the influence”) and whether revisions are necessary; • The medical marijuana laws in the state(s) in which they operate (does the law prohibit discrimination; does the law allow employers to discipline for use of medical marijuana and, if so, in what contexts; does the law allow employers to regulate medical marijuana use for safety sensitive positions); and • The impact of the state law disability laws on a certified medical marijuana user (whose certifying condition likely constitutes a disability) and any resulting obligations thereunder.

with the law and avoid litigation. Denise also aids employers in investigating allegations of sexual harassment, discrimination and other incidents of workplace misconduct. Denise’s understanding of the interplay between workers’ compensation laws, the ADA, the FMLA and unemployment

To ensure consistency and predictability, most MROs follow DOT testing guidelines for all drug tests.

compensation is critical in helping her clients navigate the complex web these laws often create. Denise is certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association Workers’ Compensation Law Section and is a member of the Pennsylvania and Lancaster Bar Associations. She is the past chair of the Workers’ Compensation Section and the Labor and Employment Section of the Lancaster Bar Association. Denise is a frequent speaker and author on workers’ compensation and employment law topics including medical marijuana in the workplace. Denise was named a 2014 and 2015 Select Lawyer and to the 2017 Top 100 People list by Pennsylvania Business Central. Denise is admitted to practice in the Commonwealth of Pennsylvania, before the Federal District Courts in the Eastern and Middle Districts of Pennsylvania and before the Supreme Court of the United States.

Employers would be wise to consult with counsel as they navigate these issues. They should not wait until they are handed a positive drug test, noting medical marijuana use, to answer these questions. As a member of the McNees Labor and Employment Practice Group, Denise Elliott focuses her practice on defending self-insured employers in workers compensation matters and providing representation and counsel to clients in employment discrimination litigation, ADA/ FMLA compliance, safety, drug and alcohol testing and health issues. An experienced litigator, Denise represents public and private sector employers in all phases of employment related litigation, including before state and federal courts, arbitrators, administrative law judges (such as workers’ compensation judges and unemployment compensation referees) and administrative agencies, including the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission. Recognizing her clients’ ultimate goal is to stay out of court, Denise provides proactive counseling and training to employers to help employers comply

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HOW EMPLOYERS CAN HELP END THE

OPIOID CRISIS 18

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BY DEBBIE HERSMAN PRESIDENT AND CEO OF THE NATIONAL SAFETY COUNCIL

AMERICA’S DRUG CRISIS HAS MADE ITS WAY INTO THE WORKPLACE. While the unprecedented rise in fatal drug overdoses has concerned public health professionals and lawmakers for years, little attention has been paid to the epidemic’s impact on employers. Although 75 percent of adults who struggle with substance use disorders are in the workforce, society overwhelmingly sees drug overdose and misuse as a problem limited to our homes and communities. However, addiction does not end at the front stoop or magically subside when on the job. Addiction is an around-the-clock disease, and the majority of employers have been impacted by it in some way.

A

2017 National Safety Council (NSC) survey found 70 percent of employers have felt the direct impact of prescription drug misuse among their workforce. The adverse effects range from positive drug tests and absenteeism to decreased job performance and on-the-job injuries. Sadly, 20 percent of employers say they have had instances of employees borrowing or selling drugs at work, or an employee arrested either on or off the job. There is a persistent gap, however, between how employers perceive the impact and the actual human and business costs. The same NSC survey found only 39 percent of employers view prescription drug use as a threat to safety, and only 24 percent feel it is a problem. Prescription drug use ranked seventh of the eight issues employers said concern them most.

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What’s more, only 19 percent of employers feel “extremely prepared” to deal with prescription drug misuse at work, and just 13 percent are “very confident” that employees can spot signs of misuse, which range from decreases in work productivity to increased absenteeism, mistakes and injuries. So, what can be done? Many successful public health paradigm shifts have required a combination of education, legislation and high-visibility enforcement. Take smoking, for example. The percentage of Americans who smoke has dropped precipitously in the last few decades as the public became educated about the risks, Congress passed strong laws and we doggedly enforced restrictions. The number of American adults who smoke has dropped by more than half since 1964. Today, only 15.5 percent of adults still smoke, according to the Center for Disease Control.

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Photo courtesy of the National Safety Council.

The NSC Prescribed to Death exhibit.

Substance misuse and addiction is a complex issue that requires everyone to play a role, including employers.

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Increasing public awareness can help solve the opioid crisis, too. The National Safety Council is informing both employers and the public in several different ways. First, NSC wanted to put a face on the statistics, and the Council is doing so through our provocative Prescribed to Death exhibit. A memorial to the victims of the opioid crisis, the exhibit includes a wall of 22,000 small white pills, each carved with a human face to represent the 22,000 people who fatally overdosed on prescribed opioids in 2015. Since its unveiling in Chicago last November, the memorial has traveled to Pittsburgh, Atlanta, Buffalo, NY, and Washington, D.C. It also traveled to Fayetteville, AR, and Houston, TX, in October. Although somber in nature, the memorial is not without elements of hope, and visitors leave with tangible ways to take action. At each stop, NSC distributes first-of-their-kind “Opioids: Warn Me� labels, intended to affix to insurance and pharmacy loyalty cards. The goal of these small labels is to prompt a discussion between patients and prescribers about the potential risks of taking opioids. Sheets of 90 labels are available for free so employers can disseminate them to employees. Visit nsc.org/takeaction to order Warn Me labels. In addition to public education, the Council helps employers recognize the steps they can take to understand the benefits of employer-

initiated assistance. For some employees, employer engagement literally could mean the difference between life and death. Research indicates that those struggling with a substance use disorders have better sustained recovery rates if their employers initiate and monitor their treatment than if that treatment is initiated by friends or family. The NSC Prescription Drug Employer Kit is free. The kit contains tools to update drug-free workplace policies and employee benefit programs, fact sheets and handouts with helpful information for employees, research about how opioids impact safety and posters focused on home safety and disposal. The kit is available for download at nsc.org/rxemployerkit. To demonstrate the financial costs of substance misuse at work, NSC partnered with Shatterproof (a national non-profit organization dedicated to ending the devastation addiction causes families) and NORC at the University of Chicago (an objective non-partisan research institution), to develop the Substance Use Cost Calculator. The tool provides employers with a customized assessment of the financial benefits of addressing substance misuse in their workplaces, and the literal price of doing nothing. The calculator is available at nsc.org/drugsatwork. Substance misuse and addiction is a complex issue that requires everyone to play a role, vpppa.org


Photo courtesy of the National Safety Council.

including employers. Safety should be the cornerstone of every workplace. If employers understand how to protect employees from the most pressing threats to their safety, that goal can be a reality. Deborah Hersman is president and chief executive officer of the National Safety Council. The National Safety Council saves lives by preventing injuries and deaths at work, in homes, communities, and on the roads through leadership, research, education and advocacy. Prior to joining the National Safety Council, Ms. Hersman served as chairman of the National Transportation Safety Board from 2009–2014. Ms. Hersman was first appointed as an NTSB board member by President Bush in 2004 and was reappointed to two additional five-year terms by President Obama in 2009 and 2013. Ms. Hersman was a senior advisor to the U.S.

The exhibit includes 22,000 white pills, each carved with a human face.

Senate Committee on Commerce, Science and Transportation from 1999–2004. Ms. Hersman holds Bachelor of Arts degrees in political science and international studies from Virginia Tech, and a Master of Science degree in conflict analysis and resolution from George Mason University. She also earned her Advanced Safety Certificate.

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ME, JACK AND JIM BY ANITA HAWKINS

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It had been almost an hour since I first collapsed in my chair and began to cry. I had not looked up or met eyes with anyone in the room even though my tear-filled sobs had frequently interrupted their stories. I cried and cried, at times so distracting that those who were sharing had to stop talking and allow me to collect myself. At one point, the room fell completely silent and even with my head down and my face in my hands, I could feel that all eyes were on me. I looked up into a room full of strangers, all curious as to what had brought me in ruins to their meeting place that evening. Each person waiting to hear what I had to share. It was my turn to speak. I had never been to this place before, but I swallowed my tears and followed protocol, I began my story with, “Hi. My name is Anita.” In chorus, the group of strangers around me replied, “Hi, Anita.”

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ven those who have never been to a support group are familiar with this greeting. It’s used in television shows and movies to symbolize and, at times, mock, the situations of the characters taking part in such a meeting. The media has also given us the common belief that only a certain type of person attends these meetings—alcoholics. I’m neither a character in a movie, nor an alcoholic, so my reason for being there was completely different than what you might expect.

Under the Light of a Neon Moon It was the Wednesday before Thanksgiving in 2017 when I was reintroduced to a friend of my brother’s I had not seen since I was in high school. Thirteen years had passed, and not once had it occurred to me to look in on, or question, how Jack was doing. It was Jack who made the first move that night. In a dimly lit dive bar just outside of my hometown, Jack approached me and said, “Hey, don’t I know you from somewhere?” Just like that, we were back in each other’s lives. Jack was smart. He was funny. He was cute. And he said all the right things to make me fall in love the second he sat down at the bar next to me. Jack was the man of my dreams. There we were—two small town “kids” talking about the old days and throwing shots back at the local watering hole. The beginning of our very own backwoods country love song. Within weeks of dating we were already talking about the future, getting married, owning a home, and having children. He had goals. He had a great job. And he had my heart in his hands. In early January, I decided it was time to introduce Jack to my closest friends during a small get-together the day before my birthday. During the party, Jack had passed out cold in the middle of the bar; forcing mutual friends of ours to take him home early saying, “He’s just a little drunk. These things do happen at parties.” It wasn’t until the next day that I became concerned about Jack’s alcohol intake. On the morning of my birthday, I was awakened by the sound of Jack vomiting and moaning in the bathroom. It went on for hours until finally, it was decided he should seek medical attention. I took him to the Emergency Room. It was there

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I was first asked the question, “How long has he been an alcoholic?”

The Blues Man Alcoholism affects people from all walks of life. In the United States, one in 13 adults abuse alcohol, or have an alcoholism problem. For many, like Jack, the drinking starts in college and is commonly thought of a way to unwind and have a good time. According to the National Institute of Alcohol Abuse and Alcoholism (NIAAA), roughly 20 percent of college students meet the criteria for Alcohol Use Disorder (AUD).1 More than half of those who develop AUD in their college years will continue the habit well into their adult life.

It may be difficult to detect the early stages of alcoholism because in many cases, there is no obvious impairment or dysfunction. Adaptive Stage alcoholics can blend seamlessly into social events and parties where others are consuming alcohol. Alcoholism begins with the Adaptive Stage.2 What begins as a drink in the evening after work to relax becomes a habit and soon, a coping mechanism for stress, frustration, or every day realities. Tolerance begins to develop during the Adaptive Stage and drinking provides less of the effect the addict is looking for. It may be difficult to detect the early stages of alcoholism because in many cases, there is no obvious impairment or dysfunction. Adaptive Stage alcoholics can blend seamlessly into social events and parties where others are consuming alcohol. Those surrounding the addict may not notice the amount of alcohol the addict is drinking. The addict will soon

find they need to consume more than their peers in order to feel the desired effects. The NIAAA estimates that roughly 17.6 million people in the United States suffer from alcoholism or other alcohol problems. Jack had been an alcoholic for years before we began dating. I was not around to watch him progress into the Dependency Stage of alcoholism. Being dependent on alcohol means that the addict’s body has built up such a tolerance for the alcohol that it now expects it at a certain time each day. Alcoholics begin to drink earlier in the day to curb their body’s cravings for the drink. For some, consumption of alcohol beings as early as lunch time or during breaks at work. In the Dependency Stage of alcoholism, friends and family members might begin to notice changes in the alcoholic’s behavior. When they question the amount the addict is drinking, the sufferer might reply with simple, seemingly justifiable reasons for drinking. They may say things like, “If you had the stresses I did, you would drink too.” “It helps me to relax after a bad day.” “There’s nothing wrong with it. Everyone at work has a few drinks when they get off.” Dependency Stage alcoholics begin to adapt to the consequences of their drinking and consider them to be part of the every day. Hangovers are common, blackouts begin to happen, and perhaps the morning shakes even start. Nausea is often a constant companion. At 28 years old, Jack had discovered a love for Jim Beam Bourbon. Bourbon became a best friend and coping mechanism for the things he witnessed in his career and daily life. Jack was a corrections officer for the Federal Prison located not too far outside the little town where he and I grew up. To most, a job like that was a great job because it paid higher than the average salary for the area and had exclusive government benefits. To family and friends, Jack was one of the lucky ones. But for Jack, the pay and benefits weren’t enough to compensate for the harsh work conditions, rundown facilities, hostile work environment created by inmates, depression, and anxiety he faced every day. His body became dependent on the alcohol as Jack consumed more and more each day to

1

Alcohol Use Disorder (AUD): AUD is a chronic relapsing brain disease characterized by an impaired ability to stop or control alcohol use despite adverse social, occupational, or health consequences. AUD can range from mild to severe, and recovery is possible regardless of severity.

2

Alcoholism includes the following four stages: The Adaptive Stage, The Dependence Stage, The Progression Stage, and the End Stage. See (The Stages of Alcoholism Explained, 2018).

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take the edge off the things he witnessed as part of prison life. He began to stash bottles of bourbon in his vehicle so that during moments when no one was looking, he could take a shot or two before returning to work. In a recent study by the Huffington Post, about 20 percent of workers and managers across a wide range of industries and company sizes said a coworker’s on- or off-the-job drinking threatened their productivity and safety. (Hughes, 2017) Corrections officers face continual threat of harm on every shift, ongoing stress, and repeated exposure to trauma. For corrections officers, everything they do is dictated by safety: their own safety, the safety of their colleagues, and the safety of the inmates they watch. Officers must remain continually alert during eight- to 16-hour shifts to avoid being attacked or killed by the offenders that they supervise. The intensity of these environments often prompts officers to shut down emotionally, reducing their ability to function effectively within the institution. Self-mutilation and prisoner suicide attempts are common, almost routine. Jack handled the sights and smells of bruised, beaten, and sometimes dead bodies found in dim lit prison cells. He listened to prisoners speak with profanity and discuss the gruesome details of rape, plots to harm another prisoner, or even their plans to hurt a guard. Jack used drinking to cope with the things he witnessed each day at work. Be it security guards, bodyguards, corrections officers, or protective services, nearly nine percent of workers in the field admit to excessive drinking. Protective and correctional services rank sixth on the list of industries most likely to be affected by excessive alcohol use among employees. Jack’s drinking had lost control and soon he was in Progression Stage Alcohol Abuse. His struggle with the disease of alcoholism was something he had been able to hide until his health began to fail due to excessive drinking. Jack’s excessive drinking advanced through the stages quickly. In a recent study, about 31 percent of correctional officers are living with posttraumatic stress disorder. Additionally, another study found that the risk of suicide is about 39 percent higher for correctional officers than it is for all other professionals combined, and about twice as high as the rate of suicide among law enforcement officers. It is due to these factors that many corrections officers seek ways to dull vpppa.org

the pain, taking up narcotics and alcohol to numb their thoughts and wipe their brains of the sights and sounds of prison life. For correctional officers who struggle with substance use, the threat of harm and levels of stress at work only increase. It can be a vicious cycle—drinking or using drugs to manage job-related stress often creates more stress and higher risk on the job. When an employee comes to work intoxicated, everyone in the workplace is at risk. For corrections officers, the danger increases for fellow officers as well as the inmates. It’s difficult to pinpoint exactly why some jobs seem more prone to heavy drinking while others do not, but no matter what industry an addict works in, safety is always a concern. Once an addict reaches Progression Stage alcoholism, their entire day becomes centered around when the addict will have their next drink. Alcohol in the workplace is more common than one might think. A survey by the National Council on Alcoholism and Drug Dependence (NCADD) showed that 24 percent of workers surveyed reported drinking during the workday. In a similar study, hospital emergency departments reported that 35 percent of patients with an occupational injury were considered at-risk drinkers.

Additionally, another study found that the risk of suicide is about 39 percent higher for correctional officers than it is for all other professionals combined, and about twice as high as the rate of suicide among law enforcement officers.

A Good Hearted Woman Jack had started showing signs that he was advancing further into the Progression Stage. He would often call me in the middle of the night, drunk, to tell me he missed me, needed me and loved me. His addiction bothered me, but I couldn’t help but feel the same about him. I felt sorry for him. My heart broke when he would cry out for me to end the nightmares he faced at work each day. He begged me to heal the demons that were inside of him. I wanted to help. I wanted to love him through the pain. I promised him that I would always be there. The prisoners Jack guarded each day began to notice the liquor on his breath. They would comment about his impairment and make jokes. This became a safety hazard for not only Jack, but also his co-workers. His drunkenness made him less effective in his job role. Inmates lost respect for him, which meant they also lost motivation to listen to him or do things they were expected to do while he was on duty. Impairment, and even withdrawal symptoms, affected Jack’s ability to perform even the most basic functions of his job. He was putting THE LEADER / AUTUMN 2018

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himself and everyone at risk of not just loss of productivity, but injuries and even death. By the spring, Jack had lost his job at the prison. And with the loss of his job, came the loss of his apartment. His friends, his family, and others started to pull away from him. Keeping to my promise, I invited him to move into my apartment. I had not fully prepared myself to live with Jack and his friend, Jim Beam. Soon after moving in with me, Jack’s demeanor changed completely. He wasn’t the fun, caring guy I had fallen in love with. His dreams were dashed, and he no longer aspired to achieve his goals. Every day was a rollercoaster of emotions and I never knew what to expect. I blamed depression. I blamed the job market. I blamed myself. I blamed everything except alcohol. Soon, Jack became an End Stage alcoholic. In the End Stage, the physical symptoms of alcoholism are excruciating. He was unable to hold food down, the tremors in his hands began mere hour after his last sip of bourbon, and he began to hallucinate and have night terrors. The final stage of alcoholism is called the End Stage because it is the stage where the alcoholic is so dependent on the alcohol that without it, the drinker’s body is at risk of shutting down. At this point, Jack needed the alcohol to survive. In a snap, both our lives spiraled under the control of Jim Beam. I was doing everything to maintain my attendance and focus at work while also trying to pick up the pieces of his shattered life. I was less of a girlfriend and more of a caregiver. It didn’t take long before I was codependent of Jack’s drinking. Codependency is a term used to describe those who live with someone struggling with alcoholism. In most instances, the codependent person assumes the responsibility of caretaker and this often includes putting their own wants and needs aside. Every day was a struggle and I never knew what I was going to come home to. Some days were good; he would be awake and watching television when I’d get home. At times, the apartment would be clean, and dinner would be on the stove. Other days were a nightmare of dumping bottles of bourbon down the drain and screaming at a semi-conscious version of the man I wanted to love. I was starting to feel the physical and emotional effects of Jack’s excessive alcohol 3

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use. I hadn’t had a decent night’s sleep in weeks. The sounds of him banging around in the kitchen looking for a glass, or ice, or the bottle would keep me awake. When he wasn’t prowling through the apartment looking for a stashed bottle, his drunk body would lay near lifeless, draped over me so that I could smell the bourbon sweating from his pours. His night terrors and hallucinations would wake me suddenly and his screams made my ears ring with pain. I’d spend hours comforting him and calming him, often rocking him as if he were a child. He’d fall asleep in my lap and I’d be too nervous to move him, afraid that if I woke him, he’d reach for another drink. In the night, I laid awake feeling alone and scared, while he slept off another bottle of bourbon. Each morning I was happy that he had lived through the night.

A survey by the National Council on Alcoholism and Drug Dependence (NCADD) showed that 24 percent of workers surveyed reported drinking during the workday. At work, I worried and counted the hours before I could be home to handle whatever new challenge his alcoholism would throw at me. I wouldn’t focus on my work. Instead, I would stare at my phone, hoping for a text or phone call, anything to help me know that he wasn’t drunk, or doing anything to get into trouble. I was obsessed with contacting him throughout the day, for I assumed that if he returned a text or phone call within the hour, he was alive. I was ashamed of myself and embarrassed to tell anyone that these things were happening. I’d gotten good at lying to the people I loved. Not a habit I ever wanted to get into, but I couldn’t risk their judgement. I didn’t want to hear what I knew they would say to me if they found out that I was living with an alcoholic. I told my family, “He only comes over on the weekends and days he has off work.” I told my friends, “He’s looking

for a job. In the meantime, it’s nice having him around because he enjoys cooking for me and the kitchen is always so clean.” At the office, the excuses for my tardiness or my inability to meet project deadlines became, “I’m sorry, I lost track of time,” “Traffic was so bad today,” and “I’m tired because I was up all night because of something I ate.” I never told anyone the truth that I was caring for Jack and his addiction. I never told anyone that I was struggling with my own anxiety, depression, insomnia and heartache. Codependency is different for everyone and sufferers often are not able to identify its symptoms for themselves. Many psychologists will say that almost everyone is codependent of someone or something. Others will say it is an overused term to describe any sort of dependency on the needs of another. Because the definition of codependency is so loosely used, it is hard to determine who true sufferers are. Even true sufferers experience codependency at different levels of severity. For me, my codependency was defined by my need to control Jack’s drinking. I was obsessed with pouring liquor down the drain in an attempt to limit his consumption. I was also delusional to believe that if the bourbon were out of sight, it would be out of mind and he wouldn’t want to drink anymore. I was not so codependent that I was unable to identify where I was hurting, or that I knew I needed to be healthy for myself. However, I was codependent enough to believe that fixing myself was reliant on Jack fixing himself. One day, I had had enough. While pouring a bottle of bourbon down the trash compactor, I told him it was either get sober, or get out. To my surprise, he chose sobriety. I did not know the dangers of his advanced stage of alcoholism. Asking him to quit drinking on the spot proved to be dangerous for him. Just three days after he had quit drinking, I came home from work and found him passed out on the couch, bleeding from his mouth. He was barely breathing and could not remain conscious. I don’t remember how I got him into the car or how fast I was driving to get to the hospital. I just remember that as soon as we walked in, we were rushed to the Trauma Center. The doctor pulled me aside and told me that Jack was going to die if they were unable to get his airway opened. His airway had become entirely

A hematoma is a collection of blood, usually clotted, outside of a blood vessel that may occur because of an injury to the wall of a blood vessel allowing blood to leak out into tissues where it does not belong.

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blocked by a hematoma3 that had formed on his tongue. The best way to get oxygen to his lungs was to insert a respirator. However, Jack’s excessive alcohol use had made him tolerant to the drugs anesthesiologists commonly use to perform such procedures. They were going to have to insert the tube while he was still awake. I told the doctor, “Save him.” I held his wrists to the bed while they shoved the tube down his throat. The look in his eyes, the pain he must have been feeling, I felt a sense of guilt pour over me. I asked him to quit drinking because it was killing him. Once the trauma was over, the doctor explained that the sudden stop in alcohol consumption triggered a seizure and he bit his tongue while it was happening. Heavy drinking causes blood platelets to clump together into blood clots which can cause hematoma to form. I was credited with saving his life that night. Nurses thanked me for being so helpful in answering their questions about his medical history and assisting them during less-than-fun procedures such as catheter insertion and collecting urine samples. The head trauma doctor came to me and told me how brave I was, how amazing it was that

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I was able to act quickly and assist in Jack’s treatment without freaking out or panicking as most girlfriends do. Even Jack’s family overwhelmed me with praise and thanks for saving their son. I don’t know where the courage came from. I don’t know why they hailed me as a hero. I was running on adrenaline and fear and the things I did were simply another sign that I was codependent on Jack’s drinking. I was important because he needed me to survive. Sure, Jack loved me, but his love wasn’t as strong as what he felt for Jim Beam. He made a full recovery and was told to find a rehabilitation program to end his drinking. Instead, his recovery was to find another bottle of bourbon to climb into. We were in and out of hospitals every month. Medical staff watched him for signs of organ failure and other End Stage health issues. I sat beside him day in and day out. Again, I was missing time from work, friends and family. My life had become entirely dedicated to keeping him alive. One night at three in the morning, a very kind nurse woke me as I was bent over his bedside position, and asked me if

The head trauma doctor came to me and told me how brave I was, how amazing it was that I was able to act quickly and assist in Jack’s treatment without freaking out or panicking as most girlfriends do.

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I had thought about finding help. Not for Jack, but for myself. It was the first time anyone had shown concern for me without passing judgement. She explained that there are families all over who struggle because someone they love is an alcoholic. She told me that I wasn’t alone and that I wasn’t wrong to stay with him and continue to love him even though he and I were in so much pain.

If Drinkin’ Don’t Kill Me There are numerous statistics to show the effects of alcohol on people who have alcohol use disorders, but there are few statistics that show alcoholism’s effects on those who are the friends, families, children and significant others to the alcoholic. No amount of internet research can help a codependent get past their own feelings of depression, anxiety and the physical symptoms of caring for someone with alcoholism. If anything, the articles and journals I read made my feelings of guilt, frustration and anger even stronger. I was losing myself to a disease that wasn’t mine. I was suffering because I couldn’t heal Jack’s suffering. It is for that reason, organizations like Al-Anon exist. Al-Anon is a mutual support program for people whose lives have been affected by someone else’s drinking. By sharing common experiences and applying the Al-Anon principles, families and friends of alcoholics can bring positive changes to their individual situations, whether or not the alcoholic admits the existence of a drinking problem or seeks help. I had spent months crying and chasing answers to why my boyfriend had a drinking problem. I had risked both our lives trying to save him from the clutches of alcohol. I finally decided that it was time for me. So, after one solid hour of crying in front of strangers, and being greeted with the classic, “Hi, Anita” greeting, I was welcomed into the Al-Anon family. I learned there that alcoholism is a disease that cannot be cured. It is a progressive illness, which only gets worse as long as the person continues to drink. Total abstinence from drinking is the only way to arrest this disease (Al-Anon Family Groups, 2018). I also learned that alcoholism is the third highest cause of preventable death in the United States. Even though there is no real cure to the addiction, an alcoholic can be saved at every

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stage of the disease if they seek the right help and commit to abstinence from alcohol. Practicing what I was learning in Al-Anon, I started to gain the strength to take care of myself and continue to love Jack. The drinking was not going to kill me. I knew that with the right support and positive influence, Jack wouldn’t let it kill him either. We were both gaining confidence and getting healthy. Best of all, he was staying sober. A few months passed, and Jack relapsed. Our relationship met a bittersweet end when he opted to move in with his family and try recovery away from me. I was left with thoughts of depression, shame and guilt. My thoughts were clouded, and I blamed myself for the relapse and the end of our relationship.

Friends in Higher Places With support and advice from my Al-Anon family, I have found a positive way to cope. I am back to being more myself at work, at home and with my friends. That doesn’t mean I don’t love Jack. Al-Anon teaches individuals to find a solution that works for them even if others disagree. For me, I have learned to continue my love for Jack without continuing our relationship. He will always have a special place in my heart and I will never stop caring for him. I have learned to love the alcoholic in my life without being addicted to him. It still hurts my heart, but I’m gaining confidence every day. I continue to pray for his recovery but have learned to put myself first when it comes to the story of Me, Jack and Jim Beam. To anyone who is concerned about someone else’s drinking, I encourage you to learn the signs and stages of alcoholism. If someone in your home or workplace is an alcoholic, take action to protect your own safety, and the safety of others above all else. Encourage the alcoholic to seek help and rehabilitation, but do not force it. Understand that their drinking is not your fault. You didn’t cause it. You can’t cure it. Alcoholics deserve love, but so do you. Don’t forget to love yourself.

Works Cited

1. Al-Anon Family Groups. (2018, July 7). Retrieved from A Disease of Compulsive and Uncontrolled Drinking: al-anon.org/ newcomers/what-is-al-anon-and-alateen/ what-is-alcoholism/ 2. Alcohol Facts and Statistics. (2018, Jule 6). Retrieved from National Intitute on Alcohol Abuse and Alcoholism: www.niaaa.nih.

gov/alcohol-health/overview-alcoholconsumption/alcohol-facts-and-statistics 3. Hughes, B. (2017, December 06). The Negative Impact of Alcohol in the Workplace. Retrieved from Huff Post: www.huffingtonpost.com/brian-hughes/thenegative-impact-of-alcohol_b_12039814.html 4. Just the Facts: What We Know about Substance Abuse among Correctional Officers. (2018, January 22). Retrieved from The Medium Corporation: medium.com/ first-responders/just-the-facts-what-weknow-about-substance-abuse-amongcorrectional-officers-ecc0d730a7f9 5. Just the Facts: What We Know about Substance Abuse among Correctional Officers. (2018, January 22). Retrieved from The Medium Corporation: medium.com/ first-responders/just-the-facts-what-weknow-about-substance-abuse-amongcorrectional-officers-ecc0d730a7f9 6. Lizmarie Maldonado, M. (2018, July 6). Drug and Alcoholism Statistics and Data Sources. Retrieved from Project Know Understanding Addiction: www.projectknow.com/research/ drug-addiction-statistics-alcoholism-statistics/ 7. The Stages of Alcoholism Explained. (2018, July 6). Retrieved from Ashwood Recovery at Northpoint: www.ashwoodrecovery.com/ blog/stages-alcoholism-explained/

Anita Hawkins is the Digital Marketing Specialist and Blogger for Safety Pros located in Tampa, Florida. Under the direction of company owner, Michele Adams, Safety Pros develops comprehensive online safety incentive programs for companies of all sizes. As part of the Safety Pros team, Anita educates clients on the importance of safety while also helping them discover effective safety recognition solutions for their workplace. As members of VPPPA for 30 years, Safety Pros has established a strong reputation as experts in the safety incentive industry. This is the first time Anita has publicly shared the story of how her health, her career, and ultimately her life has been affected by someone else’s alcoholism. The principle of anonymity kept her attendance at Al-Anon meetings and what she shared private, so not even friends and family have heard her story. Through the strength and courage to seek help, Anita has regained control and made the personal decision to abolish toxic relationships involving alcoholism from her life. She hopes that sharing her story will inspire others who are suffering the effects of problem drinking in their own lives to seek help and find ways to cope with the disease of alcoholism.

vpppa.org



FENTANYL EPIDEMIC Increasing Risks for Workers

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BY JOE KUBICEK ANSELL

On Aug. 29, an inmate at Ross Correctional Institute in Chillicothe, Ohio, suffered a drug overdose. That isn’t all that unusual in the U.S. prison system, where inmate access to illicit drugs is an ongoing problem. It isn’t all that unusual in Ohio, either. In nearby Franklin County, home to the state capital, the county coroner reported 18 overdose deaths in a single week from late August to early September. The Aug. 29 inmate overdose, however, was anything but ordinary.

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n the wake of the overdose, 27 prison staff members were treated for exposure to the substance with varying levels of overdoselike symptoms. Some reports say staff members passed out or became seriously ill. These symptoms were from mere exposure, not using, this powerful drug. The drug suspected of causing the original overdose and triggering those symptoms among the staff? Fentanyl, the same powerful, dangerous synthetic opioid at the center of the investigation into those 18 Franklin County overdose deaths. Of course, it’s not just Ohio, and prison exposures are not limited to Ross Correctional. In a single week in late August, corrections officers at three separate facilities in Pennsylvania became sick after what were believed to be fentanyl exposures. Occupational fentanyl exposure is an increasing problem for first responders as well, with personnel in Indianapolis, Haverhill, Massachusetts, and East Liverpool and Fairborn, Ohio, falling ill after suspected fentanyl exposures. Some exposures can be lifethreatening. The East Liverpool officer needed

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four doses of naloxone (better known by its brand name, Narcan) to revive him.

The dangers of fentanyl Fentanyl is anywhere from 50 to 100 times as powerful as heroin, and just a few granules can cause a fatal overdose. There were just shy of 10,000 overdose deaths from fentanyl or fentanyl analogs in the U.S. in 2015. In 2016, the most recent year for which we have complete data, the number ballooned to more than 20,000. The potency, low cost and widespread availability are amplifying the national drug epidemic in new and devastating ways. Consider this: The amount of fentanyl that could fit in a salt shaker is capable of causing a dozen overdoses. That presents problems on several fronts. • Fentanyl can be manufactured and transported in small quantities, making it difficult to find and police. • Users need a small amount for the desired effect, which makes it fairly affordable. • Fentanyl causes a quick response, giving the body little time to expel or process it. That leads to the rapid shutdown of critical

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Simply put, fentanyl is incredibly dangerous and a real risk to anyone who comes in contact with it.

organs and bodily functions—a process better known as an overdose. The body isn’t defenseless, however. Over time, it builds up a tolerance, just as it would for any drug. Repeat users tend to increase their dosage to try to achieve the same high, which almost inevitably leads to an overdose and to greater risks for anyone who may be exposed to the user. First responders finding an overdose victim often are at risk of coming in contact with quantities that pose a tremendous risk to anyone without a tolerance. The drug could be on the victim’s skin or clothes, on furniture, floors or walls, airborne as a result of life-saving efforts around the victim, or even in the victim’s vomit—an ugly but common side effect of a fentanyl overdose. The severity of accidental contact is a significantly complicated factor for first responders, emergency room personnel, forensic technicians and laboratory workers, and even cleaning crews responsible for cleaning overdose sites such as hotel rooms or public restrooms. Inhalation is the most common cause of accidental overdose symptoms, but absorption through exposed skin happens as well. Because fentanyl maintains its potency even when found in Full-body protective suits, such as the Microchem® by AlphaTec® 4000, provide comprehensive protection against fentanyl and should be considered a best practice for first responders and others in environments considered high risk for fentanyl exposure.

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bodily fluids, anyone at risk of contact with those fluids is at risk of contact absorption and overdose. Simply put, fentanyl is incredibly dangerous and a real risk to anyone who comes in contact with it.

Preventing Occupational Exposure There are people who accept those risks every day—prison guards, first responders, TSA and medical personnel, even family and friends of drug users—and those who put themselves at risk unknowingly. Landlords, janitorial staff and even flight attendants face danger if they happen to rent to the wrong tenant or clean up after the wrong guest. Anyone who could come in contact with fentanyl should be educated on the risks and on best practices for avoiding exposure, as well as have access to appropriate PPE. That last point is important, and it starts with hand protection. Gloves tested against fentanyl should be readily available for anyone at risk of exposure in the workplace. As a best practice, those gloves also should be tested, and proven to protect against the combination of fentanyl and gastric acid (as found in vomit). Some gloves may protect against one or the other, but that isn’t enough. To truly protect workers from accidental contact, it should be both. Of course, some occupations are at greater risk than others. Police and prison personnel, firefighters, paramedics, ER staff, crime scene investigators and some laboratory technicians vpppa.org


are on the front lines of the fentanyl epidemic. For those workers, hand protection may not be sufficient. CDC recommendations—and at this point they are just recommendations, not requirements—suggest an abundance of caution for anyone entering an area where fentanyl might be present. An “abundance of caution” would include full-body PPE, including masks to filter airborne particles. As with gloves, any protective equipment for the body should undergo rigorous testing for protection against fentanyl in all its forms.

The bottom line is simple but critical: Manufacturers of gloves and other PPE must continue to expand the options for fentanyl-resistant protective equipment. There are a variety of features to consider when selecting appropriate PPE: • Comfort and performance: If PPE is uncomfortable or restricts job performance, it increases the likelihood the worker will remove it. • Certification and test data: PPE should be tested for permeation, fabric filtration and inward leakage. Choose equipment that scores highly in all areas. • Durability and quality: Gloves or suits that rip or tear are ill-suited for environments where fentanyl may be present. • Barrier properties of the fabric: Fentanyl is found most commonly in solid or liquid form, but it can be heated to create a gas. Materials used in body protection should protect against all forms. • Gastric acid protection: A few gloves on the market today meet or exceed NIOSH recommendations for safety, allowing no permeation of either fentanyl or gastric acid for greater than 240 minutes. • Extended cuff: Gloves with extended cuffs protect the wrist and forearm.

Best Practices Beyond PPE Recognizing the increasing dangers of fentanyl to many workers, the CDC has issued several recommendations to increase safety and limit accidental exposures. They advise against any on-site testing of suspicious substances, because the act of performing the tests creates increased opportunities for exposure. Instead, anyone in vpppa.org

the vicinity of the substance should proceed as if it presents maximum danger. If someone is exposed, the person should move or be moved to a ventilated area and the exposed area should be washed quickly and thoroughly. Clothing or PPE that may have been exposed should be removed and disposed of quickly, but carefully. Alcohol sanitizers are not recommended, because they can act as a carrier and inadvertently transfer the drug. The CDC also recommends easy access to Narcan, with large available dosages to mitigate against the potency of fentanyl. The bottom line is simple but critical: Manufacturers of gloves and other PPE must continue to expand the options for fentanylresistant protective equipment. Beyond that, they must collaborate with employers to better educate employees at all levels of their organizations about the dangers of fentanyl and the availability of effective PPE.

Gloves, such as the Microflex® Lifestar™ EC from Ansell, provide protection against fentanyl and gastric acid, and are designed with dual colors and an extended cuff.

Joe Kubicek is the President of the Healthcare Global Business Unit at Ansell. For more information on Ansell and their product offerings, visit ansell.com.

You know what it takes to be successful in your business. We know how to keep you READY™ to do it. Cintas Corporation helps more than a million businesses of all types and sizes get ready to open their doors with confidence every day by providing a wide range of products and services that enhance our customers’ image and help keep their facilities and employees clean, safe and looking their best.

Proud member of VPPPA with over 90 VPP sites across the USA UNIFORMS | FACILITY SERVICES | FIRST AID & SAFETY | FIRE PROTECTION

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BY MARGARET GILBERT ASAP DRUG SOLUTIONS

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Every day, far too many Americans are hurt by alcohol and drug use. It causes diminished achievement in schools, greater risks on work sites and safety issues on our roads. The consequences of substance abuse are profound. Lives have been tragically cut short from injuries and accidents, yet we know that these could have been preventable.

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s we close out the month of October, the Office of National Drug Control Policy (ONDCP) and the Substance Abuse Mental Health Services Administration (SAMHSA) remind us to reach out to our employees and communities about National Substance Abuse Prevention Month (NSAPM). Maintaining a drug free workplace has long been the rule for the American industry. In fact, it’s mandatory under federal law and in some instances state law. Yet, employers have never faced such widespread acceptance of behavior that’s so glaringly at odds with workplace safety. It’s clear that the national trend is in favor of marijuana legalization. Currently, there are 30 states and the District of Columbia that have laws broadly legalizing marijuana in some form. Eight states and the District of Columbia have adopted the most expansive laws legalizing marijuana for recreational use. Some medical marijuana laws are broader than others, with types of medical conditions that allow for treatment varying from state to state. Other states have passed laws allowing residents to possess cannabis only if they suffer from select rare medical illnesses. Some states even have decriminalized the possession of small amounts of marijuana. The effect marijuana has on productivity and safety is difficult to quantify, but studies by the National Institute on Drug Abuse (NIDA) suggest there are links between marijuana use and negative consequences in the workplace, such as higher risk of injury or accidents. Keeping drugs and impaired employees out of the workplace is the least we can do to protect the workers who are there to do a job and help the company be successful. So, to help prevent these injuries and accidents from a substance abuse stand point, one thing that employers can do is to make sure their substance abuse policies are more robust to deal with the new legislation. Most employers have had drug and alcohol policies in place since the late 1980s. When was the last time your company policy vpppa.org

was reviewed or updated? Is it collecting dust on a shelf in a binder? These policies must be updated as drugs of abuse panels (i.e. standard urine drug screenings) continuously change to follow the trends in the industry. For example, the addition of the semisynthetic opioids that took effect January 1, 2018. The Department of Transportation (DOT) made a change to address the nationwide epidemic of prescription painkillers. Most industries followed suit and added these semi-synthetic opioids to their non-DOT panel for their company to begin testing for as well. What about the different matrices of testing that can be done, such as, hair and oral fluid testing, alongside urine testing? Is that something your company has addressed yet? Also, employees need to be regularly educated about the company’s policies, standards and expectations. That includes specific information about what types of testing are required and when it can occur. Employers can also distribute information about drug screenings, and drugs with the potential of abuse, to their workers to make the information easily available and keep them updated on the topic. Educating our supervisors should be another priority. Some DOT laws require supervisors to be trained once, and others insist on more regular trainings. To avoid potential problems occurring on non-DOT sites, employers should educate supervisors and managers about recognizing the signs of impairment to better ascertain if an employee may be under the influence on the job. It is mind-blowing, when giving a supervisor an awareness class, how many managers are not aware of what could potentially be occurring out on their work sites. During one of the last classes I conducted, we discussed synthetic urine pouches and how employees were buying them to wear behind their knee, or under their pants, daily. When they were called in for a random drug test, the employee would activate the pouch with a “hot hands” packet to warm

it up to the proper temperature—or so they thought. Most of the time when this synthetic urine was collected it was still too cold, or the drug testing laboratory would catch it because it does not contain uric acid. Other examples include the use of hideaway storage items. I always love watching managers’ faces when I show them an Aquafina bottle that looks real with water in it. However, when you twist it, the bottle contains a false bottom for hiding items. Do you think your security guards are checking for these types of products when employees come through the gates? Maybe. But not if they don’t know these items exist. Lately, at ASAP Drug Solutions, we have been receiving calls about the state of Oklahoma passing medicinal marijuana laws. It’s affecting some of our Gulf Coast clients because their work reaches up in to that state. One of the clients said, “We have dispensaries opening on October 1 here. What am I about to face?” Tommy Eden, Management Labor Attorney with Contangy, Brooks, Smith & Prophete, LLP, stated at the Drugs and Alcohol Testing Industry Association conference, “Marijuana is still illegal on the federal level, so federal law does not require employers to accommodate a person’s medical marijuana use. However, several states do have laws that may.” Therefore, as stated previously, employers need to go back to the drawing board and review their drug and alcohol policies, or consult with their third-party administrators and expertise for assistance. In 2011, President Obama issued a Presidential Proclamation declaring October as National Substance Abuse Prevention Month. This subject is important year-round, but the month has been dedicated as a time to highlight, promote and educate against drug and alcohol abuse. As the nation’s laws surrounding drugs keep evolving, work sites need to stay up-to-date regarding their policies and continue to focus on protecting workers. Margaret Gilbert is the Director of Marketing for ASAP Drug Solution’s Gulf Coast Command Center located in Houston, TX. She has been recognized as an industry expert due to her 30 years of experience in the drug and alcohol testing industry. Her extensive knowledge includes Third Party Administration (TPA), laboratory expertise (SAMHSA, CAP-FUDT, and CLIA), training development and instruction, and other industry and non-industry adeptness.

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THANK YOU FOR ATTENDING

PRESENTED BY VPPPA & TSHC

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MEMBERSHIP CORNER Like us on Facebook & Follow us on Twitter: @VPPPA

Meet the VPPPA Staff

Member of the Month

As VPPPA members, you talk to National Office Staff members on the phone, chat with us via email and sometimes see us at regional and national events. But we want our members to be able to more easily put names with faces. Check back here in future issues to see more VPPPA National Office staff member profiles.

Have you checked out the Member of the Month section on our website? Each month we will feature a VPPPA member who has gone above and beyond in the workplace. If you would like to nominate someone please email membership@vpppa.org.

National Board of Directors Update Congratulations to our new National Board of Directors members! Alice Tatro, Sean Horne and John “JD” Dyer have all joined the National Board of Directors for the first time. They were elected as Directors-at-Large at the 2018 Safety+ Symposium.

#VPPPAnimals Contest Winner Congratulations to Kurt Erdmann’s dog, Gordy, for winning our #VPPPAnimals contest!

Name: Kerri & Harry Carpenter Job Title: Communications & Outreach Manager

A special Q & A with Gordy, our contest winner.

Length of Time with VPPPA: Since March 2017

Name: Gordon Bombay

Favorite Part of Working for VPPPA: There are so many things—I love my job! But the best part is definitely my co-workers. It’s such a pleasure to come to work each day.

Hometown: Monessen, PA Alma Mater: Georgetown University Fun Facts About Me: I was on an episode of The West Wing, I used to be a competitive figure skater, I like anything with sparkles or glitter, and I am a die-hard Pittsburgh Steelers, Penguins & Pirates fan.

Where do you live? Chicago, IL Age: 1.5 years old Favorite Toy: Tire tug Favorite Food: Hot dogs Favorite Activity: Tug of war Dislikes: Vegetables and loud noises Likes: Eating and sleeping Why do you love safety? Gentle giants are always safe!

Favorite Movie: Star Wars, specifically The Empire Strikes Back

Favorite Book Character: Elizabeth Bennett from Pride & Prejudice and Bridget Jones

Favorite Food: Pizza with extra cheese and anchovies Least Favorite Food: Green beans and hot dogs Harry’s Favorite Food: Harry really enjoys carbs and cheese and pretty much everything

Harry’s Favorite Toy: Anything that squeaks and

The Leader Won An EXCEL Award We are excited to announce that The Leader was a winner of the Association Media & Publishing’s 38th Annual EXCEL Awards. The Leader won the Magazine Feature Article category with the entry: “Tech Tools for the Safety Professional” by Rob Brauch, which was published in the Winter 2017 issue of the magazine that centered on the theme, “The Future of Safety.”

Mommy’s shoes

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SAFETY NEVER STOPS. Nucor believes that safety isn’t just a job, it’s a way of life. Our teammates meet daily to reinforce good habits and discuss ways to improve on safety. But those conversations aren’t just about the workplace. From the home to the job and everywhere in between, safety never stops with the Nucor team.

www.nucor.com

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state-plan monitor

COMPILED BY KATLYN PAGLIUCA, MEMBERSHIP MANAGER, VPPPA, INC.

Federal OSHA States State-Plan States Public Sector Only

SGE Class in St. Joe, IN, at Vulcraft on July 31.

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Arizona

Indiana

The Arizona Division of Occupational Safety and Health (ADOSH) VPP Star program continues to look for employers who are willing to implement a complete safety and health management system. In the past year, we have added many diverse workplaces with employees who work with members of management to increase the overall safety awareness. The current list of workplaces that recently achieved the Star status include: • Mesquite Solar 1, LLC (Tonopah) • Quemetco Metals Limited, Inc. (Casa Grande) • Verco Decking, Inc. (Phoenix) • Oldcastle Precast (Chandler) • 5 MI Windows and Doors (Prescott Valley)

Indiana presently has 88 sites certified in the Voluntary Protection Program. So far in 2018, one new site has been certified at the STAR level. From September to December of this year, four new site evaluations are scheduled to take place. Indiana’s VPP Leaders are already working with several sites who will be ready for evaluations in 2019. The goal for Indiana VPP is to have 100 sites by the end of 2019. Three regional Best Practices Meetings will be conducted: • November 1 in Santa Claus, at Holiday World • November 8 in Lafayette, at Oscar Winski Company Inc. • November 29 in St. Joe, at Nucor Fastener

New for FFY 2019, ADOSH plans to accept public sector employers into the VPP program, with an application and successful onsite inspection. As a state plan state, we offer our own partnership programs aimed at reducing injury and illnesses, as well as the addition of safety and health management system elements into an employer’s existing EHS program. ADOSH maintains 11 active “PEPP” participants who have been working towards a higher level of safety. With the help of current VPP Mentors and Special Government Employees, we are optimistic that we will have a few city or county departments achieve Star status.

At these meetings, sites will present best practices, and there will be small group discussions on various topics. There will also be updates about VPP in Indiana and the latest news from the Indiana Department of Labor. For more information about Regional Best Practices Meetings, email Beth Gonzalez bgonzalez@dol.in.gov. In 2018, two SGE Classes were conducted on May 21–22 at Eli Lilly in Indianapolis and July 30–31 at Vulcraft in St. Joe. Indiana has a total of 150 SGEs to utilize during VPP evaluations and to mentor sites interested in pursuing VPP. Indiana’s largest safety conference, the Indiana Safety and Health Conference and Expo, will be

SGE Class in Indianapolis, IN, at Eli Lilly during the Region V Conference.

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held February 26 through February 28, 2019. The conference is presented by the Central Indiana Chapter of ASSP and the Indiana Chamber of Commerce in partnership with the Indiana Department of Labor. For more information, visit www.INSafetyConf.com. On the morning of February 26, 2019, at the Indiana Safety and Health Conference, an INSHARP & VPP Workshop will be conducted to promote partnership programs available at the Indiana Department of Labor. Sites will be presenting best practices to help other sites improve their safety and health programs and learn more about INSHARP and VPP. There is no cost to attend the workshop. For more information, email Beth Gonzalez bgonzalez@dol.in.gov

Michigan There are currently 30 sites in the Michigan Voluntary Protection Program (MVPP), with 26 Star, one Rising Star (Merit), two

US_MS_AOW_anthem_ad_19x13.5cm.indd 1

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MVPP/C (construction), and one MVPP/C Rising Star site.

New STAR Site

Promotion

Upcoming Events

An MVPP Advisory group meeting was held in June. The meeting was well attended by members from MVPP sites. MVPP Specialist Doug Kimmel met with representatives from Oscar W. Larson and MITSUBA to discuss the MVPP. He also promoted the MVPP during a Ford Land Co. contractor training event MVPP Star onsite reevaluations have been conducted at Dow (Auburn) and Herman Miller Main Site (Zeeland). Applications currently pending for the MVPP include: • Cintas First Aid & Safety (Kentwood) • Cintas Fire Protection—D26 (Troy) • Marathon TT&R, Lansing Terminal & Fleet (Lansing) • Honeywell (Muskegon)

• MVPP/C Advisory group meeting—

• Robert Bosch, LLC. (Farmington Hills)

date TBD • MVPP SGE training—date and

location TBD • MVPP/C Informational Workshop—date

and location TBD “Like” us on Facebook, follow us on Twitter and subscribe to our YouTube channel: www.youtube.com/c/MIOSHA_MI. For further details on the MVPP, contact Doug Kimmel, MVPP specialist at 231-546-2366, or visit the MIOSHA website at www.michigan.gov/miosha.

Minnesota Minnesota currently has 34 Star sites and one Merit site within the MNSTAR (VPP) program. Of the 34 Star sites, 32 are

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state-plan monitor

contacting each state >> Alaska Christian Hendrickson VPP Manager Christian.hendrickson@ alaska.gov Phone: (907) 269-4946 Arizona Jessie Atencio Assistant Director jessie.atencio@azdosh.gov Phone: (520) 220-4222 California Iraj Pourmehraban Cal/VPP & PSM Manager ipourmehraban@ hq.dir.ca.gov Phone: (510) 622-1080 Hawaii Kristin Takaba OSH Program Specialist— Compliance Assistance kristin.a.takaba@hawaii.gov Phone: (808) 586-9090 Indiana Beth A. Gonzalez VPP Team Leader bgonzalez@dol.in.gov Phone: (317) 607-6118 Iowa Shashi Patel VPP Coordinator patel.shashi@iwd.iowa.gov Phone: (515) 281-6369 Kentucky Brian Black VPP Program Administrator brian.black@ky.gov Phone: (502) 564-3320 Maryland Allen Stump VPP Manager allen.stump@maryland.gov Phone: (410) 527-4473

Michigan Sherry Scott MVPP Manager scotts1@michigan.gov Phone: (517) 322-5817

South Carolina Sharon Dumit VPP Coordinator sharon.dumit@llr.sc.gov Phone: (803) 896-7788

Minnesota Tyrone Taylor, MBA Director of Workplace Safety Consultation MN Dept. of Labor & Industry Occupational Safety & Health Division tyrone.taylor@state.mn.us Phone: (651) 284-5203

Tennessee David Blessman VPP Manager david.blessman@tn.gov Phone: (615) 253-6890

Nevada Jimmy Andrews VPP Manager jimmy.andrews@ business.nv.gov Phone: (702) 486-9046 New Mexico Melissa Barker VPP Coordinator melissa.barker@state.nm.us Phone: (505) 222-9595 North Carolina LaMont Smith Recognition Program Manager lamont.smith@labor.nc.gov Phone: (919) 807-2909 Oregon Mark E. Hurliman, CSHM VPP/SHARP Program Coordinator mark.e.hurliman@ oregon.gov Phone: (541) 776-6016

Utah Jerry Parkstone VPP Coordinator jparkstone@utah.gov Phone: (801) 530-6901 Vermont Daniel Whipple VPP Coordinator dan.whipple@vermont.gov Phone: (802) 828-5084 Virginia Milford Stern VPP Manager milford.stern@doli.virginia.gov Phone: (540) 562-3580 x 123 Washington John Geppert VPP Manager gepp.235@lni.wa.gov Phone: (360) 902-5496 Wyoming Clayton Gaunt VPP Manager clayrton.gaunt1@wyo.gov Phone: (307) 777-7710

Puerto Rico Judith M. Cruz Concepción Puerto Rico VPP Manager ​PR OSHA Voluntary Programs Division Cruz.Judith@dol.gov Phone: (787) 754-2172 ext 3343

For additional information and up-to-date contacts, please visit www.vpppa.org/chapters/contacts.cfm

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classified as general industry and two are resident contractors at a refinery.

Withdrawn Site: • Alexandria Extrusion Company (Alexandria,

MN)—the employer voluntarily withdrew from the program.

Pending Sites: Currently, we are working with one employer in the final stages of achieving initial MNSTAR status and one employer working toward recertification. Upon completion of the 90-day items, recommendations for participation will be made. We currently have one employer who has submitted an application, and we will be scheduling an initial visit of the site in October. In addition, we will complete pre-visits, at two companies working towards MNSTAR status before the end of 2018. The program has a great deal of consistency using the small team approach. All employers are held to the same high standard required for participation in the program and are encouraged to share the best practices from site to site. The MNSTAR team continues to receive inquiries and meet with employers who have interest in the program and questions about the MNSTAR (VPP) process. If you would like further information about the MNSTAR Program, please visit: www.dli.mn.gov/business/workplace-safetyand-health/mnosha-wsc-minnesota-StarmnStar-program.

Oregon Oregon has added one new VPP Star site so far this year, the Cintas facility in Eugene. We have recently completed seven audits, using eight SGEs and recertified four sites and added a new site. Two recertifications and an additional new site are currently under a 90-day deferral. Sherwin-Williams’ Purdy Brush facility hosted a VPP Application Workshop in Region X in July, which was attended by seven Oregonians and two Washingtonians representing five companies. We would like to recognize Cliff Butler from Sherwin Williams for the incredible job mentoring and networking he has done

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over the last couple of years. Cliff serves on the Region X Board of Directors, as well as the Oregon SHARP Alliance Board. He has been instrumental in bringing new SHARP Alliance training and networking meetings to the Portland metro area, and his tireless efforts to work with other interested companies to help them better manage workplace health and safety is very much appreciated. Cliff was awarded the Region X Mentor of the Year at the Region X Conference in Anchorage, AK, and received the prestigious Blue Star award from the SHARP Alliance during the Blue Mountain Occupational Safety and Health Conference in Pendleton, OR. Cliff was also

the September VPPPA Member of the Month. Congratulations, and thank you for all of your hard work!

Oregon OSHA Upcoming Events: • Western Pulp, Paper, and Forest Products

Safety & Health Conference, November 27–30, in Portland. • Oregon SHARP Alliance General Training Session on Maintaining Momentum December 13, in Eugene. To find out more about these events, or to register for one of them, go to www.orosha.org or to sharpalliance.weebly.com/.

regional round-ups COMPILED BY JAMIE MITCHELL, COMMUNICATIONS COORDINATOR, VPPPA, INC.

Region I Region II Region III Region IV Region V Region VI

Region IV www.regionivvpp.org The Region IV Board of Directors are busily planning the 2019 Safety and Health Excellence Conference. The 2019 conference will be held June 18–20 in Chattanooga, TN, at the Chattanooga Marriot and Convention Center. The opening keynote speaker will be Tennessee Occupational Safety and Health Administrator, Steve Hawkins. Steve has been a longtime supporter of the VPP program. The closing keynote speaker will be “The Safety Coach,” David Sarkus. David is an internationally recognized safety and health leader, speaker and author. David will be presenting on the subject of, Leading from the Heart. In this presentation, David will discuss the difficulties leaders face in understanding how to truly help individuals and teams work safer on a regular basis. The Board of Directors would also like to welcome John Pfeifer, Valero Energy, to the position of Director-at-Large. Contributed by Christopher Colburn, Region IV Vice Chairperson

Region VII Region VIII

Region X

Region IX

www.regionxvpppa.org The Region X Board of Directors is hard at work preparing for the 2019 Northwest Health & Safety Summit to be held at the Red Lion on the River, Jantzen Beach, in Portland, OR.

Region X

vpppa.org

The conference planning team is currently identifying keynote and workshop speakers. Following the retirement of Liz Norton from the Region X Board of Directors, Eddie Larson of Georgia Pacific, Toledo, OR, became the Director from a Site with a Collective Bargaining Agent. Department of Energy Contractor awards were given out during a DOE Workshop on August 28. Recipients included: • Saprena Lyons from Idaho Falls, ID • Rocky Simmons from Mission Support Alliance, Richland, WA • Chris Thursby from Washington River Protection Solutions, Richland, WA During the Region X Northwest Safety and Health Summit held in Anchorage, AK, Cliff Butler of Sherwin Williams, Portland, OR, was recognized as the Region X VPPPA Mentor of the Year. Rocky Simmons was recognized as the Region X Special Government Employee of the Year. On September 5, the Region X VPPPA Board of Directors received a notification from the Alaska Chief of Consultation Safety & Health Training that Scott Damerow is now the Safety Consultant and VPP Coordinator for Alaska Occupational Safety & Health (AKOSH). Contributed by Jack Griffith, Region X Communications Chairperson

THE LEADER / AUTUMN 2018

43


infographic corner

According to the CDC, an average of

115 Americans die every day from an opioid overdose.

30 states and the District of Columbia have legalized marijuana for medicinal purposes.

A survey by the National Council on Alcoholism and Drug Dependence showed that

In 2016, there were more than

20,000

overdose deaths from Fentanyl. The opioid epidemic has cost the U.S. more than

a trillion dollars since 2001.

75 percent of adults ages 18 to 64 with substance misuse disorders are in the workforce.

24 percent of workers 50 to 100

Fentanyl is anywhere from

surveyed reported drinking during the work day.

44

THE LEADER / AUTUMN 2018

times as powerful as heroin.

vpppa.org



VPPPA Contacts

calendar of events

May

June

May 6–9

June 18–20

Region VI Oklahoma City, OK

Region IV Chattanooga, TN

May 14–15 Region V Grand Rapids, MI

August

May 14–15

August 27–30

April 15–18

Region X Portland, OR

Region IX Tucson, AZ

Safety+ Symposium New Orleans, LA

May 20–22

April 23–25

Region I Portland, ME

2018

December Mid-December Membership renewals

2019

April

More events to come! Check VPPPA regional websites for up-to-date information.

Region VIII Salt Lake City, UT

April 30–May 2

To reach the VPPPA National Office, call (703) 761-1146 or visit www. vpppa.org. To reach a particular staff member, please refer to the contact information below. Sara A. Taylor, CMP staylor@vpppa.org Director of Operations Brielle Mroczko bmroczko@vpppa.org Conference Coordinator Kerri Carpenter kcarpenter@vpppa.org Communications & Outreach Manager Jamie Mitchell jmitchell@vpppa.org Communications Coordinator Heidi Hill hhill@vpppa.org Senior Event Sales & Advertising Coordinator Katlyn Pagliuca kpagliuca@vpppa.org Membership Manager

Region III Dover, DE

Natasha Cole ncole@vpppa.org Member Services Coordinator

AUGUST 27–30, 2019

Sierra Johnson sjohnson@vpppa.org Special Projects Coordinator

AN INTEGRATED SAFETY & HEALTH MANAGEMENT SYSTEMS SYMPOSIUM

Bryant Walker, CIOS, CSIS bwalker@vpppa.org Information & Data Analyst Manager Michael Khosrofian mkhosrofian@vpppa.org Accountant

PRESENTED BY VPPPA

46

THE LEADER / AUTUMN 2018

Courtney Malveaux, Esq cmalveaux@vpppa.org Government Relations Counsel

vpppa.org



7600-E Leesburg Pike, Suite 100 Falls Church, VA 22043-2004 Tel: (703) 761-1146 Fax: (703) 761-1148 www.vpppa.org VPPPA, a nonprofit 501(c) (3) charitable organization, promotes advances in worker safety and health excellence through best practices and cooperative efforts among workers, employers, the government and communities.

SCAN QR CODE TO LEARN MORE ABOUT VPPPA, INC.

http://bit.ly/jVQcBo

PRINTED ON RECYCLED PAPER

• Keeps extension ladders from slipping on slick surfaces such as composite decking • Unique design of foam creates tiny suction cups that grip the surface, even when wet • Light weight for easy use, weighs ~8 pounds • Works on smooth surfaces, plastic, wood, concrete, etc., even when wet • Prevents marring and scratches to deck caused by ladder feet • Attaches to the bottom ladder rung, with adjustable strap, for easy movement of ladder along wall • Fits most extension ladders, up to 21” wide • Replaceable self-adhesive foam pad

Ladder falls – 2nd leading cause of work-related injuries!* * https://www.cdc.gov/niosh/ nioshtic-2/20034690.html

Working Concepts, Inc.

888-456-3372 • www.softknees.com • info@softknees.com Patent Pending


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