**[Table of Contents]{.underline}**

[**SAMPLE ALCOHOL- AND DRUG-FREE MINE POLICY**
**3**](#__RefHeading___Toc208222691)

[I. Purpose and Goal 3](#__RefHeading___Toc208222692)

[II. Covered Workers 3](#__RefHeading___Toc208222693)

[III. Applicability 3](#__RefHeading___Toc208222694)

[IV. Prohibited Behavior 3](#__RefHeading___Toc208222695)

[V. Alcohol- and Drug-Testing 4](#__RefHeading___Toc208222696)

[VI. Consequences 5](#__RefHeading___Toc208222697)

[VII. Return-to-Duty Process 6](#__RefHeading___Toc208222698)

[VIII. Employee Assistance 6](#__RefHeading___Toc208222699)

[IX. Confidentiality 6](#__RefHeading___Toc208222700)

[X. Communication and Training 6](#__RefHeading___Toc208222701)

[**SAMPLE NEW MINER EDUCATION AND AWARENESS MODULE**
**8**](#__RefHeading___Toc208222702)

[I. Introduction 8](#__RefHeading___Toc208222703)

[II. Objectives 8](#__RefHeading___Toc208222704)

[III. Alcohol- and Drug-Free Mine Policy Purpose and Requirements
8](#__RefHeading___Toc208222705)

[IV. Alcohol- and Drug-Testing 10](#__RefHeading___Toc208222706)

[V. Consequences for Violation 10](#__RefHeading___Toc208222707)

[VI. How do you recognize when a co-worker might have a problem with
alcohol or drugs? 11](#__RefHeading___Toc208222708)

[VII. What role do you play by accepting behavior that is influenced by
alcohol or drugs? 13](#__RefHeading___Toc208222709)

[VIII. When and how do you decide to do something about a co-worker who
may be abusing alcohol or drugs? 15](#__RefHeading___Toc208222710)

[IX. Do's and Don'ts for Talking with a Co-Worker about Your Concern
16](#__RefHeading___Toc208222712)

[X. How and When is it Appropriate to Involve Others?
17](#__RefHeading___Toc208222713)

[XI. Sources of Help 18](#__RefHeading___Toc208222714)

[XII. Recap 19](#__RefHeading___Toc208222715)

[**SAMPLE ANNUAL NONSUPERVISORY MINER EDUCATION AND AWARENESS MODULE**
**21**](#__RefHeading___Toc208222716)

[I. Introduction and Purpose of Program
21](#__RefHeading___Toc208222717)

[II. Alcohol- and Drug-Free Mine Policy Purpose and Requirements
21](#__RefHeading___Toc208222718)

[III. Alcohol- and Drug-Testing 22](#__RefHeading___Toc208222719)

[IV. Consequences for Violation 23](#__RefHeading___Toc208222720)

[V. The Responsibility Starts With You 24](#__RefHeading___Toc208222721)

[VI. Recognizing Alcohol or Drug Problems in Your Fellow Miners
25](#__RefHeading___Toc208222722)

[VII. Recap 26](#__RefHeading___Toc208222723)

[**SAMPLE INITIAL SUPERVISOR TRAINING MODULE**
**28**](#__RefHeading___Toc208222724)

[I. Introduction 28](#__RefHeading___Toc208222725)

[II. Objectives 28](#__RefHeading___Toc208222726)

[III. Alcohol- and Drug-Free Mine Policy Purpose and Requirements
28](#__RefHeading___Toc208222727)

[IV. Alcohol- and Drug-Testing 30](#__RefHeading___Toc208222728)

[V. Consequences for Violation 31](#__RefHeading___Toc208222729)

[VI. Post-Accident Testing: Overview 32](#__RefHeading___Toc208222730)

[VII. Post-Accident Testing: Making the Determination
33](#__RefHeading___Toc208222731)

[VIII. Reasonable Suspicion Testing: Overview
34](#__RefHeading___Toc208222732)

[IX. Reasonable Suspicion Testing: Making the Determination
35](#__RefHeading___Toc208222733)

[X. Making the Referral 36](#__RefHeading___Toc208222734)

[XI. Reasonable Suspicion Checklist 38](#__RefHeading___Toc208222735)

[XII. When You Suspect a Problem, but there is Insufficient Evidence for
a Referral 39](#__RefHeading___Toc208222736)

[XIII. Specific Drugs Prohibited 39](#__RefHeading___Toc208222738)

[XIV. Recap 44](#__RefHeading___Toc208222739)

[**SAMPLE ANNUAL SUPERVISOR TRAINING MODULE**
**45**](#__RefHeading___Toc208222740)

[I. Introduction 45](#__RefHeading___Toc208222741)

[II. Objectives 45](#__RefHeading___Toc208222742)

[III. Alcohol- and Drug-Free Mine Policy Purpose and Requirements
45](#__RefHeading___Toc208222743)

[IV. Alcohol- and Drug-Testing 47](#__RefHeading___Toc208222744)

[V. Consequences for Violation 48](#__RefHeading___Toc208222745)

[VI. Post-Accident Testing: Overview 49](#__RefHeading___Toc208222746)

[VII. Post-Accident Testing: Making the Determination
50](#__RefHeading___Toc208222747)

[VIII. Reasonable Suspicion Testing: Overview
51](#__RefHeading___Toc208222748)

[IX. Reasonable Suspicion Testing: Making the Determination
51](#__RefHeading___Toc208222749)

[X. Making the Referral 53](#__RefHeading___Toc208222750)

[XI. Reasonable Suspicion Checklist 54](#__RefHeading___Toc208222751)

[XII. When You Suspect a Problem but there is Insufficient Evidence for
a Referral 55](#__RefHeading___Toc208222752)

[XIV. Recap 55](#__RefHeading___Toc208222754)

[]{#__RefHeading___Toc208222691 .anchor}**[SAMPLE ALCOHOL- AND DRUG-FREE
MINE POLICY]{.underline}**

I.  []{#__RefHeading___Toc208222692 .anchor}**Purpose and Goal**

[\<Insert company name\>]{.mark} is committed to protecting the safety,
health and well being of all miners and other individuals in our mine,
and we recognize that the misuse of alcohol and drugs poses a
significant threat to our goals. Therefore, and in accordance with the
Mine Safety and Health Administration's (MSHA) rule on alcohol- and
drug-free mines (30 CFR part 66), we have established an alcohol- and
drug-free mine program that balances our respect for individual
employees with our need to maintain an alcohol- and drug-free working
environment.

Under this program, we require that employees, as a condition of their
employment, adhere to a strict policy regarding the use and possession
of alcohol and drugs.

This policy is being implemented because employee involvement with
alcohol and other drugs can be very disruptive; adversely affect work
performance, productivity and morale; and pose serious health and safety
risks, not only to those who abuse alcohol and other drugs, but also to
their co-workers.

However, [\<Insert company name\>]{.mark} has no intention of
interfering with the private lives of its employees unless involvement
with alcohol and other drugs off the job affects job performance or
worksite safety.

Furthermore, [\<Insert company name\>]{.mark} encourages employees to
voluntarily seek help with alcohol and drug problems.

II. []{#__RefHeading___Toc208222693 .anchor}**Covered Workers**

All [\<Insert company name\>]{.mark} employees must comply with this
policy. Furthermore, under this policy, those miners who perform
safety-sensitive job duties and their supervisors will be subject to
alcohol- and drug-testing.

III. []{#__RefHeading___Toc208222694 .anchor}**Applicability**

This policy applies at all times while on or around company property and
during all working hours.

IV. []{#__RefHeading___Toc208222695 .anchor}**Prohibited Behavior**

It is a violation of our alcohol- and drug-free mine policy to:

-   Use or possess alcohol or any of the prohibited substances (listed
    below) while on mine property;

-   Report for duty or remain on duty:

    -   While under the influence or impaired by alcohol as verifiable
        by a Blood Alcohol Concentration (BAC) of .04 percent or
        greater; or

    -   After having used prohibited substances, unless as prescribed by
        a doctor.

-   Refuse to submit to an alcohol or drug test or adulterate or
    substitute a specimen in any such test.

Prohibited substances include: alcohol, amphetamines (including
methamphetamines), barbiturates, benzodiazepines (e.g., Valium, Librium,
Xanax), cannabinoids (marijuana/THC), cocaine, methadone, opiates (e.g.,
heroin, opium, codeine, morphine), phencyclidine (PCP), propoxyphene
(e.g., Darvon), and synthetic/semi-synthetic opioids (i.e., hydrocodone,
hydromorphone, oxymorphone; oxycodone).

The illegal or unauthorized use of prescription drugs is prohibited. It
is a violation of our alcohol- and drug-free mine policy to
intentionally misuse prescription medications. Appropriate disciplinary
action will be taken if job performance deteriorates and/or accidents
occur.

Prescription and over-the-counter drugs are not prohibited when taken in
standard dosage and/or according to a physician\'s prescription. Any
miner taking prescribed or over-the-counter medications will be
responsible for talking to a doctor and/or pharmacist about whether the
medications may interfere with his/her ability to perform their job
safely. If the use of a medication could compromise the safety of the
miner, fellow miners, or the public, it is the miner\'s responsibility
to use appropriate personnel procedures (e.g., call in sick, use leave,
request change of duty, notify supervisor, notify company doctor) to
avoid unsafe mine practices.

V.  []{#__RefHeading___Toc208222696 .anchor}**Alcohol- and
    Drug-Testing**

As a condition of employment, each miner performing safety-sensitive job
duties and their supervisors will be required to participate in
pre-employment, random, post-accident and/or reasonable suspicion
alcohol- and drug-testing, upon selection or at the request of
management.

Testing will be conducted for all prohibited substances listed under
"Prohibited Behavior" above. Testing for the presence of alcohol will be
conducted by breath analysis; testing for the presence of the
metabolites of the prohibited drugs will be conducted by urine analysis.

To ensure accuracy and fairness, all testing will be conducted in
accordance with Substance Abuse and Mental Health Services
Administration (SAMHSA) guidelines, where applicable, and with MSHA rule
30 CFR part 66 requirements. The process will include a screening test;
a confirmation test; the opportunity for a split sample; review by a
Medical Review Officer (MRO), during which miners who test positive will
have the opportunity to provide a legitimate medical explanation for the
positive result, such as a physician's prescription; and a documented
chain of custody.

All alcohol- and drug-testing information will be maintained in separate
confidential records.

VI. []{#__RefHeading___Toc208222697 .anchor}**Consequences**

One of the goals of our alcohol- and drug-free mine program is to
encourage miners and other employees to voluntarily seek help with
alcohol and drug problems. If, however, an individual violates the
policy, the consequences are serious.

On the first offense, any miner who tests positive or otherwise violates
the policy will be:

-   Immediately removed from safety-sensitive job duties;

-   Referred to a substance abuse professional (SAP) for assessment and
    recommendations; and

-   Required to successfully complete the SAP's recommendations for
    education and/or treatment.

Any miner who fails to complete the SAP's recommendations for education
and/or treatment will be subject to disciplinary action, up to and
including termination of employment.

Following successful completion of the SAP's recommendations for
education and/or treatment, the miner may resume work, including
safety-sensitive job duties, through the Return-to-Duty process
described below.

Any miner who fails to comply with the terms of the Return-to-Duty
process or violates the alcohol- and drug-free mine policy on subsequent
occasions may be subject to disciplinary action, up to and including
termination of employment.

A miner will be subject to the same consequences of a positive test if
he/she:

-   Refuses the screening or the test;

-   Adulterates or dilutes the specimen;

-   Substitutes the specimen with that from another person or sends an
    imposter;

-   Will not sign the required forms; or

-   Refuses to cooperate in the testing process in such a way that
    prevents completion of the test.

Nothing in this policy prohibits the miner from being disciplined or
discharged for other violations and/or performance problems.

In the case of a violation of the alcohol- and drug-free mine policy by
an applicant for employment, the offer of employment can be withdrawn.
The applicant may reapply after [\<insert number\>]{.mark} months and
must successfully pass a pre-employment alcohol and drug test.

VII. []{#__RefHeading___Toc208222698 .anchor}**Return-to-Duty Process**

As stated above, following a first offense of this policy, a miner will
be offered the opportunity to return to work after successfully
completing education and/or treatment as recommended by a SAP. In such
cases, the miner must abide by the terms set forth in our company's
Return-to-Duty process as a condition of continued employment. This
process requires that miners:

-   Be revaluated by the SAP to determine compliance with
    recommendations for education and/or treatment;

-   Pass a Return-to-Duty test; and

-   Be subject to ongoing, unannounced, follow-up testing.

> At a minimum, follow-up testing will consist of six unannounced
> alcohol and/or drug tests in the first 12 months following the miner's
> return to safety-sensitive job duties, though a greater number of
> follow-up tests during the first 12-month period of safety-sensitive
> duty may be ordered by the SAP.

VIII. []{#__RefHeading___Toc208222699 .anchor}**Employee Assistance**

[\<Insert Company name\>]{.mark} recognizes that alcohol and drug abuse
and addiction are treatable illnesses. We also realize that early
intervention and support improve the success of rehabilitation.
Therefore, our alcohol- and drug-free mine policy:

-   Encourages miners and other employees to seek help if they are
    concerned that they or their family members may have an alcohol
    and/or drug problem.

-   Encourages miners and other employees to utilize the services of
    qualified professionals in the community to assess the seriousness
    of suspected alcohol and/or drug problems and identify appropriate
    sources of help.

-   Ensures the availability of a current list of qualified community
    professionals.

-   Offers all miners the opportunity for voluntary assessment by a
    Substance Abuse Professional (SAP).

-   Requires any miner who tests positive on an alcohol or drug test to
    be assessed by a SAP and follow the SAP's recommendations in order
    to retain employment.

IX. []{#__RefHeading___Toc208222700 .anchor}**Confidentiality**

All information received by the company through the alcohol- and
drug-free mine program is confidential communication. Access to this
information is limited to those who have a legitimate need to know as
determined by relevant laws and management policies.

X.  []{#__RefHeading___Toc208222701 .anchor}**Communication and
    Training**

We recognize that communicating our alcohol- and drug-free mine policy
to both supervisors and employees is critical to its success. To ensure
all miners are aware of their responsibilities:

-   All employees will receive a written copy of the policy.

-   The policy will be posted on the company's bulletin board.

-   The policy will be reviewed in new hire training.

-   The policy and information about available assistance will be
    reviewed at safety meetings.

-   Posters and brochures will be available at various locations.

Furthermore, education about the dangers of alcohol and drug use and the
availability of help will be provided as follows:

-   All new miners will participate in 60 minutes of training on the
    requirements of this policy and dangers of alcohol and drug use.

-   All miners, regardless of length of service, will participate in 30
    minutes of training on the requirements of this policy and dangers
    of alcohol and drug use annually.

-   In addition to the above training, supervisors authorized to refer
    miners to alcohol- and drug-testing will participate in two hours of
    training on their role in enforcing the policy, how to manage miners
    with alcohol or drug problems, and how to make referrals to alcohol-
    and drug-testing based on reasonable suspicion and in post-accident
    situations.

    []{#__RefHeading___Toc208222702 .anchor}**[SAMPLE NEW MINER
    EDUCATION AND AWARENESS MODULE]{.underline}**

I.  []{#__RefHeading___Toc208222703 .anchor}**Introduction**

This training program was developed to assist you in understanding your
employer's alcohol- and drug-free mine policy and the impact of alcohol
and drug use on mining safety. It also addresses when and how to help a
fellow miner (or family member or friend) who may have an alcohol or
drug problem and identifies resources for help.

This training is required under the Mine Safety and Health
Administration's (MSHA) rule on alcohol- and drug-free mines (30 CFR
part 66). The goal of this rule is to protect the safety, health and
well being of all miners by ensuring that our nation's mines are free of
the hazards of alcohol and drug abuse.

[]{.mark}

This training is required because the abuse of alcohol and drugs affects
EVERYBODY, not just the person using alcohol or drugs. Co-workers can
often be a powerful influence on those who are abusing alcohol or drugs.
By knowing what to do, and what [not]{.underline} to do, co-workers can
make their mines safer and help their co-workers get help they might
need.

II. []{#__RefHeading___Toc208222704 .anchor}**Objectives**

> []{.mark}

In this training program, you will learn about:

> []{.mark}

-   The purpose and requirements of your employer's alcohol- and
    drug-free mine policy;

-   Alcohol- and drug-testing processes and procedures;

-   Consequences for violation of the alcohol- and drug-free mine
    policy;

-   Signs of when substance use is becoming a mining hazard;

-   How and when to approach a miner who may have an alcohol or drug
    problem;

-   When and how it is appropriate to involve others when you feel
    someone may have an alcohol or drug problem; and

-   Sources of help for co-workers, friends and family of an individual
    who may have an alcohol or drug problem.

> []{.mark}

III. []{#__RefHeading___Toc208222705 .anchor}**Alcohol- and Drug-Free
     Mine Policy Purpose and Requirements**

> []{.mark}

Alcohol and drug abuse can be a problem anywhere in the mining
environment, from the tool room to the company boardroom. It is a
problem that confronts miners and mine operators alike.

Therefore, and in accordance with MSHA's rule on alcohol- and drug-free
mines (30 CFR part 66), your employer has established an alcohol- and
drug-free mine program that strives to balance respect for you as
individual employees with the need to maintain a safe working
environment for everyone. The foundation of this program is a strict
alcohol- and drug-free mine policy.

First and foremost, the goal of this policy is to create a safer,
healthier mine for you and for your fellow miners. Its purpose is to
protect, not punish. The idea is to PREVENT alcohol and drug use and
encourage people to voluntarily seek help for alcohol and drug problems
BEFORE their behavior becomes a safety hazard.

To achieve these aims, the policy prohibits miners from:

-   Using or possessing alcohol or certain other substances---which I
    will list in a minute---while on mine property; and

-   Reporting for or being on duty:

    -   While under the influence or impaired by alcohol; or

    -   After having used prohibited substances, unless as prescribed by
        a doctor.

It is important for me to note that these prohibitions apply at all
times while on company property and during all working hours. The
specific substances prohibited include:

-   Alcohol,

-   Amphetamines (including methamphetamines),

-   Barbiturates,

-   Benzodiazepines (e.g., Valium, Librium, Xanax),

-   Cannabinoids (marijuana/THC),

-   Cocaine,

-   Methadone,

-   Opiates (e.g., heroin, opium, codeine, morphine),

-   Phencyclidine (PCP),

-   Propoxyphene (e.g., Darvon), and

-   Synthetic/Semi-synthetic opioids (i.e., hydrocodone, hydromorphone,
    oxymorphone; oxycodone).

The policy also prohibits the illegal or unauthorized use of
prescription drugs---in other words, the misuse or abuse of prescription
drugs. Prescription and over-the-counter drugs are not prohibited, but
are only permitted when taken in standard dosage and/or according to a
doctor's prescription. But, if you take prescribed or over-the-counter
medication, YOU are responsible for talking to your doctor and/or
pharmacist about whether it may interfere with your ability to perform
your job safely. And in the event there are safety concerns, it is YOUR
responsibility to use appropriate procedures to avoid unsafe mine
practices. Depending on the situation, this might mean calling in sick,
using leave, requesting a change of duty, or notifying your supervisor
or company doctor.

IV. []{#__RefHeading___Toc208222706 .anchor}**Alcohol- and
    Drug-Testing**

Because the jobs you perform are considered safety-sensitive, you are
also subject to alcohol- and drug-testing. This testing---like your
employer's alcohol- and drug-free mine policy and this training
program---is required under MSHA's rule on alcohol- and drug-free mines
(30 CFR part 66).

Testing will be conducted on a random basis. This does NOT mean that
someone will just randomly decide who will be tested. Rather, it means
that testing will be performed on an unannounced basis on employees
whose identifying information, such as a social security number, has
been placed in a pool from which a truly random selection is made. 
Thus, each miner has an equal chance of being selected for testing,
regardless of whether he or she was recently tested.  Because this type
of testing has no advance notice, its goal is to serve as a deterrent.
So, if you currently use any of the prohibited substances, on or off the
job, or in the future are you are tempted to do so . . . think twice and
make the safe and healthy choice NOT to use. Your job as well as your
life may depend on it!!

Alcohol- and drug-testing is also conducted before someone is hired, and
testing following accidents or based on reasonable suspicion may also be
conducted. By reasonable suspicion, I mean testing may be conducted on
occasions when supervisors document observable signs and symptoms that
lead them to suspect drug use or an alcohol- and drug-free mine policy
violation. This type of testing is sometimes also called
"probable-cause" or "for-cause" testing.

In addition, "return-to-duty" testing and "follow-up" testing may be
conducted. But these types of testing only come into play when someone
resumes safety-sensitive duties following a violation of the alcohol-
and drug-free mine policy. I'll talk more about this process in a few
minutes.

Tests will look for evidence of the prohibited substances I listed
earlier. Testing for alcohol will be done by breath analysis; testing
for drugs will be done by urine analysis.

To ensure accuracy and fairness, alcohol- and drug-testing is conducted
in accordance with guidelines mandated by MSHA and the Substance Abuse
and Mental Health Services Administration (SAMHSA). The process includes
various safeguards, including the opportunity for miners who test
positive to have their result reviewed by a Medical Review Officer. This
includes the chance to provide a legitimate medical explanation for the
result, such as a physician's prescription.

All information about a person's alcohol and drug test results is
maintained in separate, confidential records.

V.  []{#__RefHeading___Toc208222707 .anchor}**Consequences for
    Violation**

As you know, in the mining environment, safety must be taken seriously.
So the consequences for violating the alcohol- and drug-free mine policy
are indeed serious.

On the first offense, any miner who tests positive or otherwise violates
the alcohol- and drug-free mine policy will be:

-   Immediately removed from their safety-sensitive job duties;

-   Referred to a substance abuse professional---commonly called a
    SAP---for assessment and recommendations; and

-   Required to successfully complete the SAP's recommendations for
    education and/or treatment.

Any miner who does not complete the SAP's recommendations for education
and/or treatment will be subject to disciplinary action, up to and
including termination of employment. However, if a miner does
successfully complete the SAP's recommendations, he or she may return to
work through a specific process outlined in the alcohol- and drug-free
mine policy.

This process involves a few components. First, the miner is reevaluated
by the SAP to determine whether he or she has successfully completed the
recommended education and/or treatment. Only the SAP can provide this
confirmation. Then, the miner has to pass an alcohol and drug test.
These tests must be taken and negative results confirmed before resuming
safety-sensitive duties. Then, the miner is subject to follow-up testing
for alcohol, drugs or, in some cases, both, depending on the SAP's
recommendations. These follow-up tests are conducted on an unannounced
basis and the minimum required is six within a 12-month period. However,
the SAP does have the option to require more than six tests and to
require follow-up testing for up to two years, not just one.

It is important for me to note that this is the process only following a
first offense. On subsequent offenses, your employer is NOT required to
provide you the opportunity for return to work.

Also, I'd like to add that anyone who refuses to take an alcohol or drug
test, or adulterates or substitutes a sample in such a test, will be
subject to the same consequences as if they had a positive test result.

VI. []{#__RefHeading___Toc208222708 .anchor}**How do you recognize when
    a co-worker might have a problem with alcohol or drugs?**

Now that we've discussed the details of the alcohol- and drug-free mine
policy and its alcohol- and drug-testing requirements, I'd like to
change the subject a bit. I'd like to touch upon WHY this policy is so
important---and what you can do to make sure you and your fellow miners
are able to adhere to and benefit from it.

No one wants to believe that a co-worker has a problem with alcohol or
drugs. But at the same time, there needs to be a willingness to
acknowledge any evidence of a problem.

Chances are everyone here knows or has encountered someone who either
currently has or has had in the past a problem with alcohol or drugs.
Though some of the signs may vary by drugs of choice, what is observed
and experienced in interacting with such individuals is often very
similar. Think of someone you've known and/or worked with who you
suspect may have an alcohol or drug problem or actually turned out to
have a problem. What is it like for you to try and work with that
person? How does it affect your ability to do your work or get the job
done? What does it make you think or feel?

What are some signs both on and off the job that someone may have an
alcohol or drug problem? *(Note: Throw this out to audience and compile
a list. The first part of the discussion should be about* general
*signs, but guide participants to increasingly focus on how these signs
can* jeopardize safety*.)*

Examples include: *(Note: Use this list to label/identify what
participants describe and/or prompt responses)*

> 1\. [Physical]{.underline}
>
> Chills
>
> Smell of alcohol
>
> Sweating
>
> Weight loss
>
> Physical deterioration
>
> 2\. [Emotional]{.underline}
>
> Increased aggression
>
> Anxiety
>
> Burnout
>
> Denial
>
> Depression
>
> Paranoia
>
> 3\. [Behavioral]{.underline}
>
> Excessive talking
>
> Impaired coordination
>
> Irritability
>
> Lack of energy
>
> Limited attention span
>
> Poor motivation
>
> 4\. [Other]{.underline}
>
> Continual missed appointments
>
> Excessive and unexplained
>
> absences or days off
>
> Borrowing money
>
> Specific signs of when alcohol or drug use is becoming a mining hazard
> include: *(Concrete examples are helpful here.)*

-   Creating mishaps *(such as...)*, being careless and repeatedly
    making mistakes.

-   Damaging equipment or property.*(examples)*

-   Being involved in numerous accidents, regardless of whether that
    individual is the one who is injured.

-   Displaying careless actions in the operation and maintenance of
    potentially hazardous materials or dangerous equipment. *(examples)*

-   Being unreliable such as not being where he or she should be when
    others must count on him or her.

-   Showing a lack of attention to detail on performing routine job
    duties. *(examples)*

-   Being unwilling to follow directions and being argumentative.

-   Giving elaborate, increasingly unbelievable excuses for not doing
    the job or not being where one is supposed to be.

-   Being a slacker; not carrying one's load.

-   Being unresponsive to usual cajoling. *(sometimes a coworker just
    needs a little "peer pressure" to come around, but won't respond to
    this if he/she is under the influence of a substance)*

-   Taking unnecessary risks.

-   Disregarding safety for self and others.

> Others: *(for participants to name/list)*

Remember that some of these signs are indicators of other situations
and/or problems such as sleep deprivation or depression and may also be
exhibited by someone who may be living with a person who has a problem
with alcohol or drugs and is, unwittingly, encouraging or enabling it to
go on.

VII. []{#__RefHeading___Toc208222709 .anchor}**What role do you play by
     accepting behavior that is influenced by alcohol or drugs?**

It is important that co-workers, as well as mine operators and foremen,
not tolerate unacceptable behavior by a miner who is abusing alcohol or
drugs. Sometimes, though, this is a very difficult thing to do. Often,
it seems *easier* to try to ignore behavior than to do something about
it.

What are some of the ways a miner unwittingly excuses such behavior and
prevents or delays a person with a problem from getting the help he or
she needs? *(Throw this out to audience and compile a list.)*

Examples include:

-   Covering up for a person's behavior by providing alibis, making
    excuses or doing an impaired co-worker's job rather than letting it
    be known that he/she is not doing his/her job.

-   Developing reasons why the person's continued use is understandable
    or acceptable.

-   Avoiding contact with the person with the problem.

-   Blaming oneself for the person\'s continued use or getting angry at
    the individual for not trying hard enough to control his/her use or
    to get help.

-   Trying to take responsibility for the person\'s use by throwing out
    his/her drugs or cutting off the supply.

-   Making idle threats to take action (for example, turning the person
    in), but not following through when the person continues to use the
    drug.

> What happens when someone makes excuses for unacceptable behavior? How
> does it affect that person?
>
> Often, he ends up feeling:

-   Resentful...for having to take up the slack

-   Angry\...for having safety compromised and well-being not respected

-   Frustrated...because nothing is being done to change the situation

-   Taken advantage of...by the person misusing alcohol or drugs or by
    not being provided with a safe work environment

-   Indifference...about the job

-   Deprived . . . of his right to a safe mine!

Neither the actions of tolerating unacceptable behavior nor the feelings
which are a result of tolerating such behavior make the mine safer. In
fact, these actions and feelings may do the opposite by enabling the
dangerous behavior to continue.

Remember, it is the responsibility of every employee, manager, and owner
to be aware of their surroundings and to do what they can to make the
work environment safe for everyone.

VIII. []{#__RefHeading___Toc208222710 .anchor}**When and how do you
      decide to do something about a co-worker who may be abusing
      alcohol or drugs?**

As we've discussed, alcohol or drug abuse in the workplace cannot be
taken lightly, especially in the mining environment, where co-workers
rely on each other for safety. While supervisors can confront workers
whose alcohol or drug use affects their job performance, co-workers may
be able to help BEFORE this occurs. They can do this on or off the
worksite and emphasize the benefits of seeking help early.

However, it is not a miner's responsibility to diagnose an alcohol or
drug problem! Rather, it is his or her job to OBSERVE behavior that is
typical of someone abusing alcohol or drugs and to protect himself or
herself and co-workers. Ignoring an obvious problem only allows it to
continue. Though formal steps such as notifying a foreman may eventually
be necessary, a miner may have more influence than he or she thinks if a
co-worker is approached in the right way.

If a miner suspects someone has a problem, he/she can follow these
steps:

1.  Identify with your co-worker; show concern for the person. Tell the
    person you have noticed a change in behavior and express your
    concern for them and for your own safety and the safety of all
    others at the mine.

2.  Describe your observation of specific behaviors, using specific days
    and/or times rather than using "you always" and other similar
    phrases.

3.  Connect the behavior to the alcohol or drug abuse or suspected
    abuse.

4.  Urge the person to get help and give information about how to get
    it. I'll talk a little more about this in a few minutes.

5.  Tell your co-worker you will no longer hide the situation for him or
    her. Do not make idle threats. Be willing and able to follow through
    on your threat, whether it is to stop covering up or to turn him or
    her in or any other threat you have made. Be willing to "draw a line
    in the sand" and hold firmly to that line.

6.  Explain how your co-worker's alcohol or drug use affects you and
    others in the mine.

7.  Reconfirm your concern for your co-worker. You do not need to get
    him or her to admit he or she has a problem. You must stand your
    ground with your co-worker, be consistent with your actions and be
    willing to follow through on any threats you make.

During this process, it's important to think back to the alcohol- and
drug-free mine policy. Remember that it exists to protect you and your
co-workers. And as I said earlier, its goal is to PREVENT problems
BEFORE they occur.

Alcohol and drug abuse and alcoholism and drug addiction are treatable
illnesses, and early intervention and support greatly increase the
success of rehabilitation. For this reason, the alcohol- and drug-free
mine policy encourages miners to seek help proactively if they have an
alcohol or drug problem.

## *The policy also offers all miners the opportunity for a VOLUNTARY assessment by a Substance Abuse Professional. If you recall, a Substance Abuse Professional---often called a SAP---is the person who conducts an assessment in the event that a miner tests positive on aN ALCOHOL OR drug test. But remember, someone does not NEED to test positive in order to meet with a SAP if they feel they have a problem.* 

IX. []{#__RefHeading___Toc208222712 .anchor}**Do's and Don'ts for
    Talking with a Co-Worker about Your Concern**

[Do:]{.underline}

-   Communicate clearly and honestly

-   Talk from your own experiences

-   Focus on the facts and the specifics of the behavior and actions

-   Present solutions

-   Offer help

[Don't:]{.underline}

-   Talk to other co-workers about your concern, as rumors can be
    vicious.

-   Take the abuser's alcohol or drug use personally. He or she is not
    abusing because of you or something you may or may not have done.

```{=html}
<!-- -->
```
-   Get angry

-   Be accusatory

-   Blame the other person

-   Criticize

-   Be judgmental

-   Humiliate

-   Create win/lose situations

-   Rescue the abuser from the consequences of their behavior

Keep this in mind:

-   You must be willing to draw a line with your co-worker and remain
    firm with that line.

-   You must be willing to risk the loss of the friendship. Once a
    person gets the help he or she needs, the friendship may return.

-   Even if you do all the right things, you can't count on the person
    changing. These actions can eventually lead the way and eliminate
    the risks of allowing behavior to continue and put others at risk.

-   Your safety and the safety of others in the mine is the most
    important thing to protect.

X.  []{#__RefHeading___Toc208222713 .anchor}**How and When is it
    Appropriate to Involve Others?**

You may have confronted your co-worker, friend or family member, yet
that person is still unwilling to accept or acknowledge there is a
problem. Then what?

The time to do something and involve others is when the person's
behavior is such that it directly affects you and your ability to do
your job or live your life. Other individuals, such as a supervisor or
foreman, may have more options available to him or her through your
employer to help your co-worker get assistance. For example, certain
personnel have the power to use work performance (including failing to
show up, unexplained absences, inability to properly perform job
functions, etc.) as a means of getting someone help through an Employee
Assistance Program (EAP), substance abuse professional, or some other
source of assistance.

A friend or family member with an alcohol or drug problem can also
influence a miner's safety. Often, a family member or friend who is
drinking or using drugs affects a miner's ability to concentrate and
focus on his or her job. Alcohol or drug use can result in financial
problems; marital problems; parenting/family problems; depression,
anxiety or other emotional problems on the part of the person and/or the
family member. It can also lead to physical or emotional abuse.

If you are concerned about a friend or family member, you may need to
enlist the professional services of a trained substance abuse counselor.
There are many techniques that are powerful in helping people deal with
alcohol or drug problems. For example, intervention is the process that
confronts the person about the severity of their problem. In an
intervention, family members who influence that person's life, and a
trained professional (such as a counselor, psychologist or social
worker), get together and present facts and information related to the
person's behavior and its consequences. The process, which can take
several weeks to prepare for, is designed to break through the person's
denial and help him or her understand there is a problem.

Another option in this case is a support group. These groups for family
and friends of people with alcohol and drug problems help you learn to
live a healthier life through maintaining appropriate boundaries with
that friend or family member. Examples include Al-Anon and Nar-Anon.
These groups are usually listed in the phone book.

XI. []{#__RefHeading___Toc208222714 .anchor}**Sources of Help**

There are several other sources of help for co-workers, family and
friends who may have a substance abuse problem.

Employee Assistance Programs (EAPs) are generally the best place to
direct co-workers experiencing personal problems, including alcohol and
drug abuse. EAPs are legally bound to maintain confidentiality and may
not divulge information discussed with an employee without written
permission from the employee.

If there is no EAP at your company, other resources include:

> Substance Abuse Treatment Locator*\
> *[www.findtreatment.samhsa.gov](http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.findtreatment.samhsa.gov/&exitTitle=Substance Abuse Treatment Locator&fedpage=yes)\
> Phone: 1-800-662-HELP\
> This Substance Abuse and Mental Health Services Administration
> (SAMHSA) Web site and toll-free phone line help individuals locate
> alcohol and drug abuse treatment programs in their communities.
>
> AlcoholScreening.org*\
> *[www.alcoholscreening.org](http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.alcoholscreening.org/&exitTitle=AlcoholScreening.org)\
> This free, confidential Web site lets individuals privately assess
> their own drinking habits and receive personalized feedback to help
> them determine if they need help to change those habits. Individuals
> can also find out about facilities in their communities that offer
> alcohol and drug abuse treatment and consultations with qualified
> health professionals regarding alcohol problems.
>
> Al-Anon/Alateen*\
> *Phone: (888) 4AL-ANON\
> [www.al-anon.alateen.org](http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.al-anon.alateen.org&exitTitle=Al-Anon/Alateen)\
> Al-Anon provides information on the effects of alcohol abuse and
> refers friends and families of alcohol abusers to nearby support
> groups. Al-Anon's purpose is to help families and friends of
> alcoholics recover from the effects of living with the problem
> drinking of a relative or friend. Alateen is the organization's
> program for young people whose lives have been affected by someone
> else\'s drinking.
>
> Alcoholics Anonymous (AA) *\
> *[www.aa.org](http://www.aa.org/)\
> AA offers a way to stop drinking to individuals who feel they have a
> problem with alcohol. AA groups are located in most cities and rural
> communities throughout the country. Look up "Alcoholics Anonymous" in
> a local telephone directory for a contact in your area.
>
> American Council on Alcoholism*\
> *Phone: (800) 527-5344\
> [www.aca-usa.org](http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.aca-usa.org&exitTitle=American_Council_On_Alcoholism)\
> American Council on Alcoholism provides referrals to alcoholism
> treatment programs nationwide and distributes written materials on
> alcohol abuse problems.
>
> Cocaine Anonymous*\
> *Phone: (800) 347-8998\
> [www.ca.org](http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.ca.org&exitTitle=Cocaine_Anonymous)\
> Cocaine Anonymous provides support for people dependent on cocaine and
> other mind-altering substances. Callers are referred to local
> helplines.
>
> Nar-Anon*\
> *Phone: (800) 477-6291\
> [www.nar-anon.org](http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.nar-anon.org&exitTitle=Nar-Anon Family Groups)\
> Nar-Anon is a worldwide program which provides support for friends and
> families of individuals with addiction or drug problems.
>
> Focus on Recovery Helpline*\
> *Phone: (800) 234-0420\
> [www.focushealthcare.com](http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.focushealthcare.com&exitTitle=Focus_On_Recovery_Helpline)\
> Focus on Recovery is a helpline which provides support and information
> for recovering drug addicts through referral to local helplines
> staffed by other recovering addicts.
>
> National Council on Alcoholism and Drug Dependence Hopeline*\
> *Phone: (800) NCA-CALL\
> [www.ncadd.org](http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.ncadd.org&exitTitle=National_Council_on_Alcoholism_and_Drug_Dependence_Hopeline)\
> This organization, a planning and oversight agency for public
> substance abuse treatment programs, provides written information on
> alcohol and drug abuse and referrals to treatment and counseling
> services nationwide.

XII. []{#__RefHeading___Toc208222715 .anchor}**Recap**

Alcohol and drug use is NOT always alcohol and drug abuse. For example,
having an alcoholic drink on a daily basis in an appropriate environment
is not considered to be alcohol abuse. Having multiple alcoholic drinks
to the point of drunkenness on a daily basis IS abuse. Getting high
before work or while on duty or at any time when the effects of alcohol
or drugs carry over to work hours IS abuse. And abuse can lead to
addiction.

Regardless of whether someone is an abuser or addict, any time a worker
is under the influence of alcohol or drugs, he or she is a safety
hazard, especially in a mine. A worker who is alcohol or drug dependent
can also be a safety hazard, even if that person is not intoxicated at
work. In addition, if a co-worker is distracted by a friend or family
member who may be abusing substances, he/she can create safety hazards.
Alcohol and drug abuse and mines just don't mix.

Be willing to show your concern for your fellow miners, your mine and
yourself. Help your fellow miners get the help they need.

It is the responsibility of every miner, foreman and owner to be aware
of their surroundings and to do what they can to make the work
environment safe for everyone. The alcohol- and drug-free mine policy
exists to help protect and assist you and your fellow miners in
preventing alcohol and drug use as a safety hazard.

[]{#__RefHeading___Toc208222716 .anchor}**[SAMPLE ANNUAL NONSUPERVISORY
MINER EDUCATION AND AWARENESS MODULE]{.underline}**

I.  []{#__RefHeading___Toc208222717 .anchor}**Introduction and Purpose
    of Program**

The purpose of this training program is to assist you in understanding:

-   The purpose and requirements of your company's alcohol- and
    drug-free mine policy;

-   Alcohol- and drug-testing requirements and processes;

-   Consequences for alcohol- and drug-free mine policy violations;

-   Your role in keeping the mine alcohol- and drug-free; and

-   How to recognize alcohol or drug problems in your fellow miners and
    steps you can take when you think someone needs help.

This training is required under the Mine Safety and Health
Administration's (MSHA) rule on alcohol- and drug-free mines (30 CFR
part 66). The goal of this rule is to protect the safety, health and
well being of all miners by ensuring that our nation's mines are free of
the hazards of alcohol and drug abuse.

This training is required because the abuse of alcohol and drugs affects
EVERYBODY, not just the person using alcohol or drugs. Co-workers can
often be a powerful influence on those who are abusing alcohol or drugs.
By knowing what to do, and what not to do, co-workers can make their
mine safer and help their co-workers get help they might need.

II. []{#__RefHeading___Toc208222718 .anchor}**Alcohol- and Drug-Free
    Mine Policy Purpose and Requirements**

Alcohol and drug abuse can be a problem anywhere in the mining
environment, from the tool room to the company boardroom. It is a
problem that confronts miners and mine operators alike.

Therefore, and in accordance with MSHA's rule on alcohol- and drug-free
mines (30 CFR part 66), your employer has established an alcohol- and
drug-free mine program that strives to balance respect for you as
individual employees with the need to maintain a safe working
environment for everyone. The foundation of this program is a strict
alcohol- and drug-free mine policy.

First and foremost, the goal of this policy is to create a safer,
healthier mine for you and for your fellow miners. Its purpose is to
protect, not punish. The idea is to PREVENT alcohol and drug use and
encourage people to voluntarily seek help for alcohol and drug problems
BEFORE their behavior becomes a safety hazard.

To achieve these aims, the policy prohibits miners from:

-   Using or possessing alcohol or certain other substances---which I
    will list in a minute---while on mine property; and

-   Reporting for or being on duty:

    -   While under the influence or impaired by alcohol; or

    -   After having used prohibited substances, unless as prescribed by
        a doctor.

It is important for me to note that these prohibitions apply at all
times while on company property and during all working hours. The
specific substances prohibited include:

-   Alcohol,

-   Amphetamines (including methamphetamines),

-   Barbiturates,

-   Benzodiazepines (e.g., Valium, Librium, Xanax),

-   Cannabinoids (marijuana/THC),

-   Cocaine,

-   Methadone,

-   Opiates (e.g., heroin, opium, codeine, morphine),

-   Phencyclidine (PCP),

-   Propoxyphene (e.g., Darvon), and

-   Synthetic/Semi-synthetic opioids (i.e., hydrocodone, hydromorphone,
    oxymorphone; oxycodone).

The policy also prohibits the illegal or unauthorized use of
prescription drugs---in other words, the misuse or abuse of prescription
drugs. Prescription and over-the-counter drugs are not prohibited, but
are permitted only when taken in standard dosage and/or according to a
doctor's prescription. But, if you take prescribed or over-the-counter
medication, YOU are responsible for talking to your doctor and/or
pharmacist about whether it may interfere with your ability to perform
your job safely. And in the event there are safety concerns, it is YOUR
responsibility to use appropriate procedures to avoid unsafe mine
practices. Depending on the situation, this might mean calling in sick,
using leave, requesting a change of duty, or notifying your supervisor
or company doctor.

III. []{#__RefHeading___Toc208222719 .anchor}**Alcohol- and
     Drug-Testing**

As you may know, because the jobs you perform are considered
safety-sensitive, you are also subject to alcohol- and drug-testing.
This testing---like your employer's alcohol- and drug-free mine policy
and this training program---is required under MSHA's rule on alcohol-
and drug-free mines (30 CFR part 66).

Testing is conducted on a random basis. This does NOT mean that someone
just randomly decides who will be tested. Rather, it means that testing
is performed on an unannounced basis on employees whose identifying
information, such as a social security number, has been placed in a pool
from which a truly random selection is made.  Thus, each of you has an
equal chance of being selected for testing, regardless of whether you
were recently tested.  This explains why it's possible that some of you
have never been tested at all, while others have, perhaps even multiple
times. Because this type of testing has no advance notice, its goal is
to serve as a deterrent. So, if you currently use any of the prohibited
substances, on or off the job, or in the future are you are tempted to
do so . . . think twice and make the safe and healthy choice NOT to use.
Your job as well as your life may depend on it!!

Alcohol- and drug-testing following accidents or based on reasonable
suspicion may also be conducted. By reasonable suspicion, I mean testing
may be conducted on occasions when supervisors document observable signs
and symptoms that lead them to suspect alcohol or drug use or an
alcohol- drug-free mine policy violation. This type of testing is
sometimes also called "probable-cause" or "for-cause" testing.

In addition, "return-to-duty" testing and "follow-up" testing may be
conducted. But these types of testing only come into play when someone
resumes safety-sensitive duties following a violation of the alcohol-
and drug-free mine policy. I'll talk more about this process in a few
minutes.

Tests look for evidence of the prohibited substances I listed earlier.
Testing for alcohol is done by breath analysis; testing for drugs is
done by urine analysis.

To ensure accuracy and fairness, alcohol- and drug-testing is conducted
in accordance with guidelines mandated by MSHA and the Substance Abuse
and Mental Health Services Administration (SAMHSA). The process includes
various safeguards, including the opportunity for miners who test
positive to have their result reviewed by a Medical Review Officer. This
includes the chance to provide a legitimate medical explanation for the
result, such as a physician's prescription.

All information about a person's alcohol and drug test results is
maintained in separate, confidential records.

IV. []{#__RefHeading___Toc208222720 .anchor}**Consequences for
    Violation**

As you know, in the mining environment, safety must be taken seriously.
So the consequences for violating the alcohol- and drug-free mine policy
are indeed serious.

On the first offense, any miner who tests positive or otherwise violates
the alcohol- and drug-free mine policy will be:

-   Immediately removed from their safety-sensitive job duties;

-   Referred to a substance abuse professional---commonly called a
    SAP---for assessment and recommendations; and

-   Required to successfully complete the SAP's recommendations for
    education and/or treatment.

Any miner who does not complete the SAP's recommendations for education
and/or treatment will be subject to disciplinary action, up to and
including termination of employment. However, if a miner does
successfully complete the SAP's recommendations, he or she may return to
work through a specific process outlined in the alcohol- and drug-free
mine policy.

This process involves a few components. First, the miner is reevaluated
by the SAP to determine whether he or she has successfully completed the
recommended education and/or treatment. Only the SAP can provide this
confirmation. Then, the miner has to pass an alcohol and drug test.
These tests must be taken and negative results confirmed before resuming
safety-sensitive duties. Then, the miner is subject to follow-up testing
for alcohol, drugs or, in some cases, both, depending on the SAP's
recommendations. These follow-up tests are conducted on an unannounced
basis and the minimum required is six within a 12-month period. However,
the SAP does have the option to require more than six tests and to
require follow-up testing for up to two years, not just one.

It is important for me to note that this is the process only following a
first offense. On subsequent offenses, your employer is NOT required to
provide you the opportunity for return to work.

Also, I'd like to add that anyone who refuses to take an alcohol or drug
test, or adulterates or substitutes a sample in such a test, will be
subject to the same consequences as if they had a positive test result.

V.  []{#__RefHeading___Toc208222721 .anchor}**The Responsibility Starts
    With You**

Now that we've discussed the details of the alcohol- and drug-free mine
policy and its alcohol- and drug-testing requirements, I'd like to shift
focus. I'd like to touch upon WHY this policy is so important---and what
you can do to make sure you and your fellow miners are able to adhere to
and benefit from it.

On the job alcohol and drug use cannot be taken lightly, especially in
mines where we rely on each other for our safety. Responsibility over
the safety of our mine starts with each and everyone one of us. So take
a good look at yourself. I'm not asking anyone to answer out loud, but I
want each of you to ask yourself whether you might have a problem with
alcohol or drugs. Have you found yourself:

-   Having trouble doing your fair share at work because you are
    frequently hung over?

-   Drinking first thing in the morning or before your shift?

-   Fearful of being caught by a workplace alcohol or drug test?

-   Having a hard time sticking to the recommended dosage of a
    prescribed medication?

-   Making unsuccessful attempts to cut down on alcohol or stop using
    drugs?

-   Feeling guilty for letting down your co-workers because of your
    drinking or drug use?

-   Annoyed by comments made about your drinking or drug use?

If you answer yes to any of these, you may have an alcohol or drug
problem and should seek help. AND if you are using drugs illegally, it's
not only against the law and against company policy, it's a safety
hazard. It is never alright to be impaired on the job because someone
could get hurt.

Please consider getting help before you really have something to feel
guilty about. Help is available. Alcohol and drug abuse and alcoholism
and drug addiction are treatable illnesses, and early intervention and
support greatly increase the success of rehabilitation. For this reason,
the alcohol- and drug-free mine policy encourages miners to seek help
proactively if they have an alcohol or drug problem.

In fact, the alcohol- and drug-free mine policy offers all miners the
opportunity for a VOLUNTARY assessment by a Substance Abuse
Professional. If you recall, a Substance Abuse Professional---often
called a SAP---is the person who conducts an assessment in the event
that a miner tests positive on a workplace drug test. But remember,
someone does not NEED to test positive in order to meet with a SAP if
they feel they have a problem.

*Note to Presenter:*

If the miners also have access to confidential assistance services, such
as an Employee Assistance Program (EAP) or a Member Assistance Program
(MAP), communicate the following:

The company's Employee Assistance Program (EAP) also provides
confidential counseling and referral services as a benefit to
employees.  Their specially trained counselors can be reached at
*\<CONTACT INFORMATION\>*.

*If the company does not provide such a service, you can suggest that
workers call 1-800-662-HELP or visit
[[www.findtreatment.samhsa.gov]{.underline}](http://www.findtreatment.samhsa.gov/)
to find information on local programs and resources.*

VI. []{#__RefHeading___Toc208222722 .anchor}**Recognizing Alcohol or
    Drug Problems in Your Fellow Miners**

Most of us know someone -- perhaps a family member, friend or fellow
miner -- who has been affected by alcohol or drug abuse in some way.  In
fact, co-workers are often the first to notice when someone is abusing
alcohol or drugs while working. Have you ever found yourself:

-   Doing more than your fair share at work due to a co-worker's
    unreliability?

-   Making excuses for a co-worker who is proving increasingly
    undependable?

-   Fearing for your safety while that person is on the job?

These, and possibly witnessing drinking or drug-using behavior, may be
clues that a co-worker has a problem. And, as difficult as it may be, if
you have reason to believe that a co-worker is abusing alcohol or using
drugs, it is important that you not ignore what you see. Protecting or
making excuses for them can actually make their problems worse since it
prevents them from getting the help they need -- and compromises safety.
So don't wait until someone gets hurt to take action.

The bottom line is that all of us have a responsibility to work alcohol-
and drug-free and take notice of co-workers who may have a problem.
**[Do not hesitate to speak up]{.underline}** and remind your fellow
miners that working alcohol- and drug-free is serious business.

If you are concerned that someone has a problem:

-   Tell the person that you've noticed a change in their behavior and
    that you are concerned.

-   Be honest and concrete about what concerns you.

-   Avoid saying "you always" or using other similar accusatory language
    (for example, calling them an "alcoholic" or "drug addict").

-   Don't threaten to report them -- unless you truly intend to do so.

-   Urge the person to get help and offer information about how to get
    it.

If you fear that someone's health or safety is threatened by alcohol or
drug use, you should alert your supervisor or foreman immediately. But,
*never* talk to other co-workers about your concerns, as rumors can be
harmful.

If you don't feel that there's an immediate threat to safety, but *are*
concerned about the future risks of your co-worker's alcohol or drug
use, speak *confidentially* to appropriate personnel such as a human
resource manager or an employee or member assistance professional (EAP
or MAP).

***Note to Presenter:***

*If your company does not provide an EAP or MAP, you can suggest that
workers call 1-800-662-HELP or visit
[[www.findtreatment.samhsa.gov]{.underline}](http://www.findtreatment.samhsa.gov/)
to find information on local programs and resources.*

VII. []{#__RefHeading___Toc208222723 .anchor}**Recap**

Alcohol and drug use is NOT always alcohol and drug abuse. For example,
having an alcoholic drink on a daily basis in an appropriate environment
is not considered to be alcohol abuse. Having multiple alcoholic drinks
to the point of drunkenness on a daily basis IS abuse. Getting high
before work or while on duty or at any time when the effects of alcohol
or drugs carry over to work hours IS abuse. And abuse can lead to
addiction.

Regardless of whether someone is an abuser or addict, any time a worker
is under the influence of alcohol or drugs, he or she is a safety
hazard, especially in a mine. A worker who is alcohol or drug dependent
can also be a safety hazard, even if that person is not intoxicated at
work. In addition, if a co-worker is distracted by a friend or family
member who may be abusing substances, he/she can create safety hazards.
Put simply, alcohol and drug abuse and mines just don't mix.

Be willing to show your concern for your fellow miners, your mine and
yourself. Help your fellow miners get the help they need.

It is the responsibility of every miner, foreman and owner to be aware
of their surroundings and to do what they can to make the work
environment safe for everyone. The alcohol- and drug-free mine policy
exists to help protect and assist you and your fellow miners in
preventing alcohol and drug use as a safety hazard.

[]{#__RefHeading___Toc208222724 .anchor}**[SAMPLE INITIAL SUPERVISOR
TRAINING MODULE]{.underline}**

I.  []{#__RefHeading___Toc208222725 .anchor}**Introduction**

[]{.mark}

This training program was developed to assist you in understanding your
company's alcohol- and drug-free mine policy and your role in enforcing
it. As part of this policy, you---as a supervisor---may be required to
make referrals for alcohol- and drug-testing after accidents occur or
based on reasonable suspicion that a miner is working under the
influence of alcohol or other drugs. This is a large responsibility, so
a key component of this training program is learning how to decide when
such referrals are appropriate. We will discuss the do's and don'ts in
making reliable, fair determinations. We will also discuss strategies
for dealing with an employee who may be under the influence of alcohol
or drugs and the signs and symptoms of alcohol and drug abuse.

This training is required under the Mine Safety and Health
Administration's (MSHA) rule on alcohol- and drug-free mines (30 CFR
part 66). The goal of this rule is to protect the safety, health and
well being of all miners by ensuring that our nation's mines are free of
the hazards of alcohol and drug abuse.

[]{.mark}

II. []{#__RefHeading___Toc208222726 .anchor}**Objectives**

[]{.mark}

In this training program, you will learn about:

-   The purpose and requirements of your employer's alcohol- and
    drug-free mine policy;

-   Alcohol- and drug-testing processes and procedures;

-   Consequences for violation of the alcohol- and drug-free mine
    policy;

-   The purpose and procedures for post-accident testing;

-   The purpose and procedures for reasonable suspicion testing;

-   General signs and symptoms of alcohol and drug use;

-   How to refer to alcohol- and drug-testing following an accident or
    based on reasonable suspicion;

-   How to help when you think someone may have an alcohol or drug
    problem, but you don't have evidence; and

-   The specific drugs prohibited under your employer's alcohol- and
    drug-free mine policy.

III. []{#__RefHeading___Toc208222727 .anchor}**Alcohol- and Drug-Free
     Mine Policy Purpose and Requirements**

Alcohol and drug abuse can be a problem anywhere in the mining
environment, from the tool room to the company boardroom. It is a
problem that confronts miners and mine operators alike. Clearly, it
cannot be taken lightly, especially in an environment where everyone
relies on each other for safety.

Therefore, and in accordance with MSHA's rule on alcohol- and drug-free
mines (30 CFR part 66), your employer has established an alcohol- and
drug-free mine program that strives to balance respect for individual
employees with the need to maintain a safe working environment for
everyone. The foundation of this program is a strict alcohol- and
drug-free mine policy.

You---as supervisors---play a critical role in ensuring the
effectiveness of this policy. Of course, as employees, you are also
required to adhere to this policy. So it is very important that you
understand the purpose and requirements of this policy.

First and foremost, the goal of this policy is to create a safer,
healthier mine for everyone. The ultimate goal is to PREVENT alcohol and
drug use and encourage people to voluntarily seek help for alcohol and
drug problems BEFORE their behavior becomes a safety hazard.

To achieve these aims, the policy prohibits miners from:

-   Using or possessing alcohol or certain other substances---which I
    will list in a minute---while on mine property; and

-   Reporting for or being on duty:

    -   While under the influence or impaired by alcohol as verifiable
        by a Blood Alcohol Content (BAC) of .04 percent or greater; or

    -   After having used prohibited substances, unless as prescribed by
        a doctor.

These prohibitions apply at all times while on company property and
during all working hours. []{.mark}

The specific substances prohibited include:

-   Alcohol,

-   Amphetamines (including methamphetamines),

-   Barbiturates,

-   Benzodiazepines (e.g., Valium, Librium, Xanax),

-   Cannabinoids (marijuana/THC),

-   Cocaine,

-   Methadone,

-   Opiates (e.g., heroin, opium, codeine, morphine),

-   Phencyclidine (PCP),

-   Propoxyphene (e.g., Darvon), and

-   Synthetic/Semi-synthetic opioids (i.e., hydrocodone, hydromorphone,
    oxymorphone; oxycodone).

The policy also prohibits the illegal or unauthorized use of
prescription drugs---in other words, the misuse or abuse of prescription
drugs. Prescription and over-the-counter drugs are not prohibited, but
are only permitted when taken in standard dosage and/or according to a
doctor's prescription. But, if a miner is taking prescribed or
over-the-counter medication, THAT MINER is responsible for talking to
his or her doctor and/or pharmacist about whether it may interfere with
the ability to work safely. And in the event there are safety concerns,
it is THE MINER'S responsibility to use appropriate procedures to avoid
unsafe mine practices. Depending on the situation, this might mean
calling in sick, using leave, requesting a change of duty, or notifying
a supervisor or company doctor. So it is important for you to be aware
that an employee may come to you looking for guidance in this situation.

IV. []{#__RefHeading___Toc208222728 .anchor}**Alcohol- and
    Drug-Testing**

A key part of the alcohol- and drug-free mine policy is alcohol- and
drug-testing. Miners who perform safety-sensitive job duties are subject
to alcohol- and drug-testing. Also, those individuals who supervise
miners who perform safety-sensitive job duties---including management
and administrative personnel---are subject to alcohol- and drug-testing.
Safety-sensitive job duties are defined as any type of work activity
where a momentary lapse of critical concentration could result in an
accident, injury or death.

This testing---like the alcohol- and drug-free mine policy and this
training program---is required under MSHA's rule on alcohol- and
drug-free mines (30 CFR part 66).

Specifically, the following types of testing are conducted:

-   Pre-employment

-   Random

-   Post-accident

-   Reasonable suspicion

In addition, "return-to-duty" testing and "follow-up" testing are
conducted. But these types of testing only come into play when a miner
resumes safety-sensitive duties following a violation of the alcohol-
and drug-free mine policy. I'll talk more about this whole process in a
few minutes, but first I'd like to explain the types of testing that
affect ALL miners.

The purpose of pre-employment testing is pretty obvious. The goal is to
avoid hiring anyone whose alcohol or drug use could end up creating
safety hazards in the mine. As supervisors, you don't really have a role
to play in pre-employment testing.

Random testing also doesn't involve you too much either, except perhaps
in helping employees understand its purpose and how it works. Contrary
to what some people think when they hear the word "random," this type of
testing does NOT mean that someone, even a supervisor, just randomly
decides who will be tested. Rather, it means that testing is performed
on an unannounced basis on employees whose identifying information, such
as a social security number, has been placed in a pool from which a
truly random selection is made. Thus, each miner has an equal chance of
being selected for testing, regardless of whether he or she was recently
tested. Because this type of testing has no advance notice, its goal is
to serve as a deterrent.

The other types of testing---post-accident and reasonable suspicion---do
involve you.

Post-accident testing is conducted following an accident to help
determine whether alcohol and/or drugs were a factor in causing the
accident. The decision to conduct post-accident testing is made by
supervisors, based on objective criteria.

Reasonable suspicion training is conducted on occasions when supervisors
document observable signs and symptoms that lead them to suspect alcohol
or drug use or an alcohol- and drug-free mine policy violation. This
type of testing is sometimes also called "probable-cause" or "for-cause"
testing.

Clearly, both post-accident and reasonable suspicion testing require
supervisors to make sound, objective decisions. So we will be spending
time talking about how to make such decisions later on in this program.

All tests, regardless of when they are conducted, look for evidence of
the prohibited substances I listed earlier. Testing for alcohol is done
by breath analysis; testing for drugs is done by urine analysis.

To ensure accuracy and fairness, alcohol- and drug-testing is conducted
in accordance with guidelines mandated by MSHA and the Substance Abuse
and Mental Health Services Administration (SAMHSA). The process includes
various safeguards, including:

-   A screening test;

-   A confirmation test;

-   The opportunity for a split sample;

-   Review by a Medical Review Officer (MRO), during which time miners
    who test positive have the opportunity to provide a legitimate
    medical; explanation for the positive result, such as a physician's
    prescription; and

-   A documented chain of custody.

[]{.mark}

I'd like to add that all information about a person's alcohol and drug
test results is maintained in separate, confidential records. On
occasion, you might find yourself needing to inform miners about this
fact.

V.  []{#__RefHeading___Toc208222729 .anchor}**Consequences for
    Violation**

As you know, in the mining environment, safety must be taken seriously.
So the consequences for violating the alcohol- and drug-free mine policy
are indeed serious.

On first offense, anyone who tests positive or otherwise violates the
alcohol- and drug-free mine policy will be:

-   Immediately removed from their safety-sensitive job duties;

-   Referred to a substance abuse professional---commonly called a
    SAP---for assessment and recommendations; and

-   Required to successfully complete the SAP's recommendations for
    education and/or treatment.

Anyone who fails to complete the SAP's recommendations for education
and/or treatment will be subject to disciplinary action, up to and
including termination of employment. However, if a miner does
successfully complete the SAP's recommendations, he or she may return to
work through a specific process outlined in the alcohol- and drug-free
mine policy.

This process involves a few components. First, the miner is reevaluated
by the SAP to determine whether he or she has successfully completed the
recommended education and/or treatment. Only the SAP can provide this
confirmation. Then, the miner has to pass an alcohol and drug test.
These tests must be taken and negative results confirmed before resuming
safety-sensitive duties. Then, the miner is subject to follow-up testing
for alcohol, drugs or, in some cases, both, depending on the SAP's
recommendations. These follow-up tests are conducted on an unannounced
basis and the minimum required is six within a 12-month period. However,
the SAP does have the option to require more than six tests and to
require follow-up testing for up to two years, not just one.

It is important for me to note that this is the process only following a
first offense. On subsequent offenses, your employer is NOT required to
provide someone the opportunity to return to work.

Also, someone will be subject to the same consequences of a positive
test if he or she:

-   Refuses the screening or the test;

-   Adulterates or dilutes the specimen;

-   Substitutes the specimen with that from another person or sends an
    imposter;

-   Will not sign the required forms; or

-   Refuses to cooperate in the testing process in such a way that
    prevents completion of the test.

VI. []{#__RefHeading___Toc208222730 .anchor}**Post-Accident Testing:
    Overview**

Now that we've covered the purpose and the requirements of the alcohol-
and drug-free mine policy, I'd like to get into more detail about your
requirements under it, specifically making referrals for alcohol- and
drug-testing following accidents or based on reasonable suspicion that
someone is violating the alcohol- and drug-free mine policy. I'd like to
focus on post-accident testing first.

Post-accident testing is conducted for selected miners after certain
accidents or mine injuries occur, including fatal accidents.

Which accidents require testing? Accidents and injuries requiring
testing include occupational injuries and those requiring medical
treatment beyond first aid, and accidents that occur while a miner is
operating a piece of equipment or performing a work activity that causes
or contributes to an accident, injury or death. Obviously, post-accident
testing is a type of testing we hope never has to occur.

In post-accident situations requiring testing, alcohol AND drug tests
should be conducted on each surviving miner involved in any work
activity that could have contributed to the accident, injury or death.
Alcohol tests should be administered within a two-hour time period. In
the event the alcohol test is not done within a two-hour time period,
the mine operator needs to document the reasons why and continue
attempts for up to eight hours. Drug tests should be conducted as soon
as possible, but within 32 hours of the accident. In the event the drug
test is not done within the 32-hour time period, the mine operator needs
to document the reasons why. In the event of a fatality, toxicology
tests on the victims should also be ordered.

VII. []{#__RefHeading___Toc208222731 .anchor}**Post-Accident Testing:
     Making the Determination**

It is NOT necessary to suspect alcohol or drugs may have been involved
in an accident in order to order a post-accident test. The tests will
reveal whether or not alcohol or drugs might have contributed and will
provide information that may prompt investigators to further explore
this possibility. Also, it is important to remember that a positive test
does not automatically mean that impairment from alcohol or drugs was
the cause of the accident.

Rather, your role is determining quickly WHO might have contributed to
the accident. The main considerations are:

-   Does a particular individual perform safety-sensitive job duties?
    This should be pre-determined, since only those who do are subject
    to testing.

-   Is it possible, even remotely, for this particular individual to
    have contributed to the event?

Key determinants may include:

-   Was the miner operating a piece of equipment that was involved in
    the accident?

-   Was the miner performing work activity that was involved in the
    accident?

-   Did the miner make judgments about the work activity being performed
    that might have contributed to the accident?

If the answer to any of these is yes, then the individual should be
referred for testing. Alternatively, if a miner was simply at the wrong
place at the wrong time and performing work in accordance with standard
operations, then it is likely they should not be referred.

Given the narrow window in which post-accident tests must be conducted
(remember -- it's two hours for alcohol testing and as soon as possible
for drug testing, but definitely within 32 hours), you may find yourself
in a position of having to make these determinations very quickly, based
on whatever information you have at one point in time---without the
benefit of a full investigation. If this happens, remember that
requiring someone to be tested following an accident is NOT accusing
them of being on drugs or under the influence of alcohol. Rather, it is
an objective means of ruling out that possibility. So, it is generally
better to cast a wide net and have everyone tested who could have
possibly contributed. That way, those conducting the accident
investigation will have the test results available to consider as they
proceed.

Once you make the decision as to who will be tested following an
accident, it is important that you note this on the accident report.

Again, referrals for post-accident alcohol- and drug-testing usually
have to be made quickly and without a lot of information. But I want to
remind you that you should NEVER delay necessary medical attention for
injured miners following an accident or attempt to prohibit a miner from
leaving the scene of an accident to respond to an injuries or seek
urgent medical care. Getting assistance for anyone injured is, of
course, top priority in any accident situation.

VIII. []{#__RefHeading___Toc208222732 .anchor}**Reasonable Suspicion
      Testing: Overview**

The other type of alcohol- and drug-testing supervisors are involved in
is reasonable suspicion testing. As I said earlier, this is sometimes
called "probable-cause" or "for-cause" testing.

This type of testing is conducted when supervisors document OBSERVABLE
signs and symptoms that lead them to believe someone may be misusing
alcohol or drugs or otherwise violating the alcohol- and drug-free mine
policy. As part of this, it is extremely important to have clear,
consistent definitions of what behavior justifies testing and, when
feasible, suspicion should be corroborated by another supervisor or
manager.

Deciding that there is reasonable suspicion that a miner is misusing or
abusing alcohol or drugs typically relies on evidence such as:

-   Direct observation of use or possession of alcohol or drugs;

-   Physical symptoms of being under the influence; or

-   Patterns of abnormal or erratic behavior.

When it comes to reasonable suspicion testing, it is very important to
avoid any appearance of discrimination in who is being tested. Vague
suspicion, rumors or reports from others alone should not be the basis
of reasonable suspicion testing. Rather, this type of information might
trigger further investigation, which may result in documentation of
observable signs and symptoms, which in turn may lead to ordering a
reasonable suspicion test. Observed, documented signs and symptoms are
key to the credibility of this type of testing.

IX. []{#__RefHeading___Toc208222733 .anchor}**Reasonable Suspicion
    Testing: Making the Determination**

To reiterate, referrals to alcohol- and drug-testing based on reasonable
suspicion must be the result of observed, specific signs that lead a
supervisor to suspect alcohol or drug use. The decision is based on what
can be explained at a particular given moment.

In other words, this type of testing is used when a supervisor has
REASONABLE SUSPICION that a miner's behavior or appearance MAY indicate
alcohol or drug use. The supervisor does not need to be CERTAIN, but
rather needs to be able to document specific signs and symptoms
indicative of use. And such observations must be made during,
immediately preceding, or just following a work shift. Examples of such
signs include a person's appearance, behavior, speech and/or body odor.

So, how do you recognize when someone might have a problem? Even though
you are not expected to be able to---or even try---to determine the
exact drug a miner may be using, you should be able to recognize common
signs and symptoms. Chances are you know or have encountered someone who
either currently has or has had in the past a problem with alcohol or
drugs. Though some of the signs may vary by drugs of choice, what is
observed and experienced in interacting with such individuals is often
very similar.

Examples include: *(Note: Use this list to label/identify what
participants describe and/or prompt responses)*

1\. [Physical]{.underline}

> Chills
>
> Smell of alcohol
>
> Sweating
>
> Weight loss
>
> Physical deterioration

2\. [Emotional]{.underline}

> Increased aggression
>
> Anxiety
>
> Burnout
>
> Denial
>
> Depression
>
> Paranoia

3**.** [Behavioral]{.underline}

> Excessive talking
>
> Impaired coordination
>
> Irritability
>
> Lack of energy
>
> Limited attention span
>
> Poor motivation

4\. [Other]{.underline}

> Continual missed appointments
>
> Excessive and unexplained
>
> absences or days off
>
> Borrowing money

Specific signs of when alcohol or drug use is becoming a mining hazard
include: *(Note: concrete examples are helpful here.)*

-   Creating mishaps *(such as...)*, being careless and repeatedly
    making mistakes.

-   Damaging equipment or property.*(examples)*

-   Being involved in numerous accidents, regardless of whether that
    individual is the one who is injured.

-   Displaying careless actions in the operation and maintenance of
    potentially hazardous materials or dangerous equipment. *(examples)*

-   Being unreliable such as not being where he or she should be when
    others must count on him or her.

-   Showing a lack of attention to detail on performing routine job
    duties. *(examples)*

-   Being unwilling to follow directions and being argumentative.

-   Giving elaborate, increasingly unbelievable excuses for not doing
    the job or not being where one is supposed to be.

-   Being a slacker; not carrying one's load.

-   Being unresponsive to usual cajoling. *(sometimes a coworker just
    needs a little "peer pressure" to come around, but won't respond to
    this if he/she is under the influence of a substance)*

-   Taking unnecessary risks.

-   Disregarding safety for self and others.

Others: *(for participants to name/list)*

Of course, it is important to remember that some of these signs are
indicators of other situations and/or problems such as sleep deprivation
or depression and may also be exhibited by someone who may be living
with a person who has a problem with alcohol or drugs and is,
unwittingly, encouraging or enabling it to go on.

X.  []{#__RefHeading___Toc208222734 .anchor}**Making the Referral**

We'll talk more about specific signs and symptoms more later, but for
now I want to talk about the actual process for making a referral to
alcohol- and drug-testing based on either post-accident OR reasonable
suspicion.

First and foremost, and as we have discussed, when it comes to
reasonable suspicion, documentation is key. It is very important for you
to document the specifics of what you see, and where and when. And when
feasible, it is prudent to have another supervisor corroborate what you
observe. The checklist we just went over can assist with this.

So, how to do you confront a miner you are referring for alcohol- and
drug-testing? First, make sure you discuss the situation with him or her
confidentially. Once confidentiality is confirmed:

-   Inform him or her that a determination to order a post-accident or
    reasonable suspicion drug test has been made.

-   Explain that the test is required under the alcohol- and drug-free
    mine policy.

-   Don't accuse or attempt to diagnose. Rather, state in a matter of
    fact way what you have observed:

    -   In the event of a post-accident situation, this may be that the
        miner's possible contribution to the accident must be considered
        and therefore a test is required under the alcohol- and
        drug-free mine policy.

    -   In the event of a reasonable suspicion situation, this may be
        that the miner's behavior or performance has raised safety
        concerns and there is a reasonable suspicion of alcohol or drug
        use based on documented signs and symptoms and therefore, a test
        is required under the alcohol- and drug-free mine policy.

In discussing the situation with the individual, it is important to
respect their dignity and confidentiality. Conclude the discussion by
informing the miner where to go for alcohol- and drug-testing. Keep in
mind that if they are in no condition to operate a vehicle, they are in
no condition to drive and may need to be accompanied to the testing
site.

XI. []{#__RefHeading___Toc208222735 .anchor}**Reasonable Suspicion
    Checklist**

The following checklist can assist in documenting signs and symptoms
prior to making a referral for testing based on reasonable suspicion.
*(Note: This checklist should also be provided as a hand out.)*

Employee Name: Date: Time**:**

Location of incident:

Description of incident:

Observations:

Odor of alcohol?

Odor of marijuana?

Attempt to conceal an object?

Behavior:

Nervous ( ) Insulting ( )

Sleepy ( ) Exaggerated Politeness ( )

Confused ( ) Combative ( )

Excited ( ) Quarrelsome ( )

Fatigued ( ) Uncooperative ( )

Poor Memory ( ) Overly Talkative ( )

Unusual Actions:

Sweating ( ) Slow Reactions ( )

Crying ( ) Tremors ( )

Fighting ( ) Quick Moving ( )

Speech:

Slurred ( ) Slow ( )

Confused ( ) Thick ( )

Rambling ( ) Pressured ( )

Balance:

Falling ( ) Staggering ( )

Unsure ( ) Needs Support ( )

Stumbling ( ) Normal ( )

Eye witnesses/other employees involved:

Supervisory action taken:

Consequences:

Follow up:

XII. []{#__RefHeading___Toc208222736 .anchor}**When You Suspect a
     Problem, but there is Insufficient Evidence for a Referral**

Of course, it is possible that in your role as a supervisor you find
yourself in a situation where you have a hunch that someone has a
problem with alcohol or drugs, but do not have sufficient evidence to
warrant a referral for alcohol- or drug-testing.

In such an instance, there is still a lot you can do to help the person.
It's important to think back to the alcohol- and drug-free mine policy
and remember that it exists to protect everyone. And its goal is to
PREVENT problems BEFORE they become workplace hazards.

Alcohol and drug abuse and alcoholism and drug addiction are treatable
illnesses, and early intervention and support greatly increase the
success of rehabilitation. For this reason, the alcohol- and drug-free
mine policy encourages miners to seek help proactively if they have an
alcohol or drug problem.

## *In some cases, a referral to the Employee Assistance Program (EAP), if your company has one, or community resources may be appropriate. Also, the Alcohol- and drug-free MINE policy offers all miners the opportunity for a VOLUNTARY assessment by a Substance Abuse Professional. If you recall, a Substance Abuse Professional---often called a SAP---is the person who conducts an assessment in the event that a miner tests positive on a workplace alcohol or drug test. But remember, someone does not NEED to test positive in order to meet with a SAP if they feel they have a problem.* 

XIII. []{#__RefHeading___Toc208222738 .anchor}**Specific Drugs
      Prohibited**

Earlier we discussed some of the GENERAL signs and symptoms of alcohol
and drug abuse and, as a supervisor, they are really what you should be
aware of; however, it may be helpful to know more information about the
particular drugs prohibited under the alcohol- and drug-free mine
policy. If you recall, this policy is mandated under MSHA's rule on
alcohol- and drug-free mines (30 CFR part 66). So the list is the same
for all mines across the nation.

[Alcohol]{.underline}

-   The most commonly abused drug

-   Central nervous system depressant

-   Affects vision, judgment, reaction time, memory and public safety

-   Blatant drunkenness is easy to detect on sight, and so it is assumed
    that miners would not show up for work in this condition

-   It is possible for one's state of intoxication to be less outwardly
    visible, giving that person a false sense of security in feeling
    he/she can function competently while only a "little high" or with a
    "small buzz."

-   Those with a higher tolerance may not exhibit obvious signs of
    intoxication. However, their decision making ability and other key
    behaviors are still affected.

-   Examples of symptoms include:

> \- Lack of coordination;
>
> \- Constricted pupils;
>
> \- Blackout;
>
> \- Bloodshot or watery eyes;
>
> \- Sleepy or stuporous condition;
>
> \- Aggressive or antagonistic behavior;
>
> \- Slurred speech;
>
> \- Slowed reason time; and
>
> \- Dulled mental process.

[Amphetamines (including methamphetamines)]{.underline}

-   Central nervous system stimulants that speed up the mind and body

-   Provide a physical sense of energy at lower doses and the mental
    exhilaration at higher doses.

-   Amphetamines are capsules or white, flat, double-scored
    "mini-bennies."

-   Methamphetamine is a creamy white and granular powder or lumps, is
    packaged in aluminum foil wraps or sealable plastic bags.

-   Methamphetamine may be taken orally, injected or snorted into the
    nose.

-   Trade or street names:

> \- Biphetamine
>
> \- Delcobese
>
> \- Desotyn
>
> \- Detedrine
>
> \- Chetrol
>
> \- Ritalin
>
> \- Speed
>
> \- Meth
>
> \- Crank
>
> \- Crystal
>
> \- Monster
>
> \- Black Beauties
>
> \- Rits

[Barbiturates]{.underline}

-   Produce a wide spectrum of central nervous system depression, from
    mild sedation to coma

-   Are used as sedatives, hypnotics, anesthetics, and anticonvulsants

-   Differences among many of these products are how fast they produce
    an effect and how long those effects last

-   Are classified as ultrashort, short, intermediate, and long-acting

-   Often referred to as sleeping pills

-   Produce a state of intoxication that is remarkably similar to
    alcohol intoxication

-   Cause slurred speech, loss of motor coordination, irritability,
    dizziness, unusual excitement and impaired judgment

-   Can be either swallowed or injected

-   Trade or street names:

> \- Pentobarbital (Nembutal),
>
> \- Secobarbital (Seconal)
>
> \- Amobarbital (Amytal)
>
> \- Phenobarbital (Luminal)
>
> \- Yellow Jackets
>
> \- Reds
>
> \- Blues
>
> \- Amy\'s
>
> \- Rainbows

[Benzodiazepines]{.underline}

-   Central nervous system depressant prescribed to relieve anxiety and
    insomnia

-   Trade or street names:

> \- Ativan
>
> \- Halcion
>
> \- Librium
>
> \- Valium
>
> \- Xanax
>
> \- Candy
>
> \- Downers
>
> \- Sleeping pills
>
> \- Tranks

[Cannabinoids (THC/marijuana)]{.underline}

-   Produce a mildly tranquilizing and mood and perception-altering
    effect

-   Leaves of the marijuana plant range in color from green to light
    tan, and are usually dried and broken into small pieces.

-   Hashish is a compressed, sometimes tar-like substance ranging in
    color from pale yellow to black.

-   Have a distinctly pungent aroma resembling a combination of sweet
    alfalfa and incense

-   Common paraphernalia include cigarette papers, roach clips, and
    small pipes made of bone, brass or glass.

-   Trade or street names:

> \- Marinol
>
> \- THC
>
> \- Pot
>
> \- Grass
>
> \- Joint
>
> \- Reefer
>
> \- Acapulco gold
>
> \- Sinsemilla
>
> \- Ganja
>
> \- Thia Sticks
>
> \- Hash
>
> \- Hash oil

[Cocaine]{.underline}

-   Energizes the entire central nervous system

-   "Snorting cocaine" is a white-to-creamy granular or lumpy powder
    chopped into a fine powder before use; is snorted into the nose,
    rubbed on the gums, or injected into the veins.

-   Cocaine base is a small crystalline rock about the size of a small
    pebble.

-   Boils at a low temperature, is not soluble in water, and is up to 90
    percent pure.

-   Common paraphernalia may include a single-edged razor blade and a
    small mirror/piece of smooth metal, a rolled up dollar bill, a
    half-straw or metal tube, or a small screw cap vial or folded paper
    packet.

-   When vapors are inhaled, the effect is felt within seven seconds.

-   Crack, a derivative of cocaine, looks like small rocks and is
    commonly smoked using a crushed aluminum can with pin holes, or
    occasionally from a glass pipe using a lighter, alcohol lamp, or
    small butane torch for heating.

-   Street names:

> \- Coke
>
> \- Rock
>
> \- Crack
>
> \- Free Base
>
> \- Flake
>
> \- Snow
>
> \- Smoke
>
> \- Blow

[Methadone]{.underline}

-   Synthetic opioid

-   Used as a treatment of narcotic withdrawal and dependence,
    especially heroin

-   Works as a pain killer, depresses body functions and reactions

-   May be taken orally or injected

-   Causes excess sweating and flushing, slowed breathing, irregular
    heartbeat, drowsiness, small pinpoint pupils

-   Trade or street names:

> \- Dolophine
>
> \- Methadose
>
> \- Meth

[Opiates (heroin, opium, codeine, morphine)]{.underline}

-   Commonly (but inaccurately) known as narcotics

-   Alleviate pain, depress body functions and reactions, and when taken
    in large doses, cause a strong euphoric feeling

-   In their natural form, opiates include opium, morphine, codeine and
    heroin

-   May be taken in pill form, smoked or injected

-   Street names:

> \- Smack
>
> \- Horse Emma
>
> \- Big D
>
> \- Dollies
>
> \- Juice
>
> \- Syrup
>
> \- China White

[Phencyclidine (PCP)]{.underline}

-   Originally developed as an anesthetic

-   Used as a large animal tranquilizer

-   Low doses produce sedation and euphoric mood changes

-   A person's mood can change rapidly from sedation to excitation and
    agitation

-   Larger doses may produce a coma-like condition with muscle rigidity
    and a blank stare with the eyelids half closed

-   Sudden noises or physical shocks may cause a "freak out" in which
    the person has abnormal strength, extremely violent behavior, and an
    inability to speak or comprehend communication

-   Commonly sold as a clear liquid or a creamy, granular powder
    packaged in one-inch square aluminum foil or folded into packets

-   Street names:

> \- Angel Dust
>
> \- Dust
>
> \- Hog

[Propoxyphene]{.underline}

-   Narcotic used to relieve mild to moderate pain

-   May be in pill form or liquid

-   Causes drowsiness, inability to concentrate, apathy, lessened
    physical activity, constriction of the pupils, flushing of the face
    and neck, nausea and vomiting, and difficulty breathing

-   Trade names:

> \- Darvon
>
> \- Darvocet

[Synthetic/Semi-synthetic opioids]{.underline}

(Hydrocodone, hydromorphine, oxymorphone, and oxycodone)

-   Known as cough suppressants and pain relievers

-   Causes sedation, euphoria, feelings of relaxation, respiratory
    depression, constipation, papillary constriction, and cough
    suppression

-   Withdrawal symptoms include restlessness, muscle and bone pain, cold
    flashes with goose bumps, and involuntary leg movements

-   Trade or Street names:

> \- Vicodin
>
> \- Lortab
>
> \- Lorcet
>
> \- OxyContin
>
> \- Vikes
>
> \- Hydro
>
> \- Norco
>
> \- OC
>
> \- OX
>
> \- Oxy
>
> \- Oxycotton
>
> \- Hillbilly heroin
>
> \- Kicker

XIV. []{#__RefHeading___Toc208222739 .anchor}**Recap**

In conclusion, it is important to also remind you that alcohol and drug
use is NOT always alcohol and drug abuse. For example, having an
alcoholic drink on a daily basis in an appropriate environment is not
considered to be alcohol abuse. Having multiple alcoholic drinks to the
point of drunkenness on a daily basis IS abuse. Getting high before work
or while on duty or at any time when the effects of alcohol or drugs
carry over to work hours IS abuse. It's also a safety hazard that puts a
lot of people in danger.

Any time a worker is under the influence of alcohol or drugs, he or she
is a safety hazard, especially in a mine. A worker who is alcohol or
drug dependent can also be a safety hazard, even if that person is not
intoxicated at work. Put simply, alcohol and drug abuse and mines just
don't mix.

Alcohol and drug abuse is a problem in all communities -- including
mining communities. And if it's a problem in our communities, it's a
problem in our mines. That's why it's so important that you take the
appropriate steps to ensure your mine is safe, healthy and alcohol- and
drug-free. By understanding your company's alcohol- and drug-free mine
policy, setting a good example, and rising to the responsibility of
making referrals when necessary and appropriate, you have the power to
make a real difference.

[]{#__RefHeading___Toc208222740 .anchor}**[SAMPLE ANNUAL SUPERVISOR
TRAINING MODULE]{.underline}**

I.  []{#__RefHeading___Toc208222741 .anchor}**Introduction**

This training program was developed to reaffirm your understanding of
your company's alcohol- and drug-free mine policy and your role in
enforcing it. As part of this policy, you---as a supervisor---may be
required to make referrals for alcohol- and drug-testing after accidents
occur or based on reasonable suspicion that a miner is working under the
influence of alcohol or other drugs. This is a large responsibility, so
a key component of this training program is learning how to decide when
such referrals are appropriate. We will discuss the "do's" and "don'ts"
in making reliable, fair determinations. We will also discuss strategies
for dealing with an employee who may be under the influence of alcohol
or drugs and the signs and symptoms of alcohol and drug abuse.

This training is required under the Mine Safety and Health
Administration's (MSHA) rule on alcohol- and drug-free mines (30 CFR
part 66). The goal of this rule is to protect the safety, health and
well being of all miners by ensuring that our nation's mines are free of
the hazards of alcohol and drug abuse.

> []{.mark}

II. []{#__RefHeading___Toc208222742 .anchor}**Objectives**

In this training program, you will learn about:

-   The purpose and requirements of your employer's alcohol- and
    drug-free mine policy;

-   Alcohol- and drug-testing processes and procedures;

-   Consequences for violation of the alcohol- and drug-free mine
    policy;

-   The purpose and procedures for post-accident testing;

-   The purpose and procedures for reasonable suspicion testing;

-   General signs and symptoms of alcohol and drug use;

-   How to refer to alcohol- and drug-testing following an accident or
    based on reasonable suspicion; and

-   How to help when you think someone may have an alcohol or drug
    problem, but you don't have evidence.

> []{.mark}

I.  []{#__RefHeading___Toc208222743 .anchor}**Alcohol- and Drug-Free
    Mine Policy Purpose and Requirements**

> []{.mark}

Alcohol and drug abuse can be a problem anywhere in the mining
environment, from the tool room to the company boardroom. It is a
problem that confronts miners and mine operators alike. Clearly, it
cannot be taken lightly, especially in an environment where everyone
relies on each other for safety.

Therefore, and in accordance with MSHA's rule on alcohol- and drug-free
mines (30 CFR part 66), your employer has established an alcohol- and
drug-free mine program that strives to balance respect for individual
employees with the need to maintain a safe working environment for
everyone. The foundation of this program is a strict alcohol- and
drug-free mine policy.

You---as supervisors---play a critical role in ensuring the
effectiveness of this policy. Of course, as employees, you are also
required to adhere to this policy. So it is very important that you
understand the purpose and requirements of this policy.

First and foremost, the goal of this policy is to create a safer,
healthier mine for everyone. The ultimate goal is to PREVENT alcohol and
drug use and encourage people to voluntarily seek help for alcohol and
drug problems BEFORE their behavior becomes a safety hazard.

To achieve these aims, the policy prohibits miners from:

-   Using or possessing alcohol or certain other substances---which I
    will list in a minute---while on mine property; and

-   Reporting for or being on duty:

    -   While under the influence or impaired by alcohol as verifiable
        by a Blood Alcohol Concentration (BAC) of .04 percent or
        greater; or

    -   After having used prohibited substances, unless as prescribed by
        a doctor.

These prohibitions apply at all times while on company property and
during all working hours. []{.mark}

The specific substances prohibited include:

-   Alcohol,

-   Amphetamines (including methamphetamines),

-   Barbiturates,

-   Benzodiazepines (e.g., Valium, Librium, Xanax),

-   Cannabinoids (marijuana/THC),

-   Cocaine,

-   Methadone,

-   Opiates (e.g., heroin, opium, codeine, morphine),

-   Phencyclidine (PCP),

-   Propoxyphene (e.g., Darvon), and

-   Synthetic/Semi-synthetic opioids (i.e., hydrocodone, hydromorphone,
    oxymorphone; oxycodone).

The policy also prohibits the illegal or unauthorized use of
prescription drugs---in other words, the misuse or abuse of prescription
drugs. Prescription and over-the-counter drugs are not prohibited, but
are only permitted when taken in standard dosage and/or according to a
doctor's prescription. But, if a miner is taking prescribed or
over-the-counter medication, THAT MINER is responsible for talking to
his or her doctor and/or pharmacist about whether it may interfere with
the ability to work safely. And in the event there are safety concerns,
it is THE MINER'S responsibility to use appropriate procedures to avoid
unsafe mine practices. Depending on the situation, this might mean
calling in sick, using leave, requesting a change of duty, or notifying
a supervisor or company doctor. So it is important for you to be aware
that an employee may come to you looking for guidance in this situation.

[]{#__RefHeading___Toc208222744 .anchor}**IV. Alcohol- and
Drug-Testing**

A key part of the alcohol- and drug-free mine policy is alcohol- and
drug-testing. Miners who perform safety-sensitive job duties are subject
to alcohol- and drug-testing. Also, those individuals who supervise
miners who perform safety-sensitive job duties---including management
and administrative personnel---are subject to alcohol- and drug-testing.
Safety-sensitive job duties are defined as any type of work activity
where a momentary lapse of critical concentration could result in an
accident, injury or death.

This testing---like the alcohol- and drug-free mine policy and this
training program---is required under MSHA's rule on alcohol- and
drug-free mines (30 CFR part 66).

Specifically, the following types of testing are conducted:

-   Pre-employment

-   Random

-   Post-accident

-   Reasonable suspicion

In addition, "return-to-duty" testing and "follow-up" testing are
conducted. But these types of testing only come into play when a miner
resumes safety-sensitive duties following a violation of the alcohol-
and drug-free mine policy. I'll talk more about this whole process in a
few minutes, but first I'd like to explain the types of testing that
affect ALL miners.

The purpose of pre-employment testing is pretty obvious. The goal is to
avoid hiring anyone whose alcohol or drug use could end up creating
safety hazards in the mine. As supervisors, you don't really have a role
to play in pre-employment testing.

Random testing also doesn't involve you too much either, except perhaps
in helping employees understand its purpose and how it works. Contrary
to what some people think when they hear the word "random," this type of
testing does NOT mean that someone, even a supervisor, just randomly
decides who will be tested. Rather, it means that testing is performed
on an unannounced basis on employees whose identifying information, such
as a social security number, has been placed in a pool from which a
truly random selection is made. Thus, each miner has an equal chance of
being selected for testing, regardless of whether he or she was recently
tested. Because this type of testing has no advance notice, its goal is
to serve as a deterrent.

The other types of testing---post-accident and reasonable suspicion---do
involve you.

Post-accident testing is conducted following an accident to help
determine whether alcohol and/or drugs were a factor in causing the
accident. The decision to conduct post-accident testing is made by
supervisors, based on objective criteria.

Reasonable suspicion training is conducted on occasions when supervisors
document observable signs and symptoms that lead them to suspect alcohol
or drug use or an alcohol- and drug-free mine policy violation. This
type of testing is sometimes also called "probable-cause" or "for-cause"
testing.

Clearly, both post-accident and reasonable suspicion testing require
supervisors to make sound, objective decisions. So we will be spending
time talking about how to make such decisions later on in this program.

All tests, regardless of when they are conducted, look for evidence of
the prohibited substances I listed earlier. Testing for alcohol is done
by breath analysis; testing for drugs is done by urine analysis.

To ensure accuracy and fairness, alcohol- and drug-testing is conducted
in accordance with guidelines mandated by MSHA and the Substance Abuse
and Mental Health Services Administration (SAMHSA). The process includes
various safeguards, including:

-   A screening test;

-   A confirmation test;

-   The opportunity for a split sample;

-   Review by a Medical Review Officer (MRO), during which time miners
    who test positive have the opportunity to provide a legitimate
    medical; explanation for the positive result, such as a physician's
    prescription; and

-   A documented chain of custody.

[]{.mark}

I'd like to add that all information about a person's alcohol and drug
test results is maintained in separate, confidential records. On
occasion, you might find yourself needing to inform miners about this
fact.

[]{#__RefHeading___Toc208222745 .anchor}**V. Consequences for
Violation**

As you know, in the mining environment, safety must be taken seriously.
So the consequences for violating the alcohol- and drug-free mine policy
are indeed serious.

On the first offense, anyone who tests positive or otherwise violates
the alcohol- and drug-free mine policy will be:

-   Immediately removed from their safety-sensitive job duties;

-   Referred to a substance abuse professional---commonly called a
    SAP---for assessment and recommendations; and

-   Required to successfully complete the SAP's recommendations for
    education and/or treatment.

Anyone who fails to complete the SAP's recommendations for education
and/or treatment will be subject to disciplinary action, up to and
including termination of employment. However, if a miner does
successfully complete the SAP's recommendations, he or she may return to
work through a specific process outlined in the alcohol- and drug-free
mine policy.

This process involves a few components. First, the miner is reevaluated
by the SAP to determine whether he or she has successfully completed the
recommended education and/or treatment. Only the SAP can provide this
confirmation. Then, the miner has to pass an alcohol and drug test.
These tests must be taken and negative results confirmed before resuming
safety-sensitive duties. Then, the miner is subject to follow-up testing
for alcohol, drugs or, in some cases, both, depending on the SAP's
recommendations. These follow-up tests are conducted on an unannounced
basis and the minimum required is six within a 12-month period. However,
the SAP does have the option to require more than six tests and to
require follow-up testing for up to two years, not just one.

It is important for me to note that this is the process only following a
first offense. On subsequent offenses, your employer is NOT required to
provide someone the opportunity to return to work.

Also, someone will be subject to the same consequences of a positive
test if he or she:

-   Refuses the screening or the test;

-   Adulterates or dilutes the specimen;

-   Substitutes the specimen with that from another person or sends an
    imposter;

-   Will not sign the required forms; or

-   Refuses to cooperate in the testing process in such a way that
    prevents completion of the test.

> []{.mark}

[]{#__RefHeading___Toc208222746 .anchor}**VI. Post-Accident Testing:
Overview**

[]{.mark}

Now that we've covered the purpose and the requirements of the alcohol-
and drug-free mine policy, I'd like to get into more detail about your
requirements under it, specifically making referrals for alcohol- and
drug-testing following accidents or based on reasonable suspicion that
someone is violating the alcohol- and drug-free mine policy. I'd like to
focus on post-accident testing first.

Post-accident testing is conducted for selected miners after certain
accidents or mine injuries occur, including fatal accidents.

Which accidents require testing? Accidents and injuries requiring
testing include occupational injuries and those requiring medical
treatment beyond first aid and accidents that occur while a miner is
operating a piece of equipment or performing a work activity that causes
or contributes to an accident, injury or death. Obviously, post-accident
testing is a type of testing we hope never has to occur.

In post-accident situations requiring testing, alcohol AND drug tests
should be conducted on each surviving miner involved in any work
activity that could have contributed to the accident, injury or death.
Alcohol tests should be administered within a two-hour time period. In
the event the alcohol test is not done within a two-hour time period,
the mine operator needs to document the reasons why and continue
attempts for up to eight hours. Drug tests should be conducted as soon
as possible, but within 32 hours of the accident. In the event the drug
test is not done within the 32-hour time period, the mine operator needs
to document the reasons why. In the event of a fatality, toxicology
tests on the victims should also be ordered.

[]{#__RefHeading___Toc208222747 .anchor}**VII. Post-Accident Testing:
Making the Determination**

It is NOT necessary to suspect alcohol or drugs may have been involved
in an accident in order to order a post-accident test. The tests will
reveal whether or not alcohol or drugs might have contributed and
provide information that may prompt investigators to further explore
this possibility. Also, it is important to remember that a positive test
does not automatically mean that impairment from alcohol or drugs was
the cause of the accident.

Rather, your role is determining quickly WHO might have contributed to
the accident. The main considerations are:

-   Does a particular individual perform safety-sensitive job duties?
    This should be pre-determined, since only those who do are subject
    to testing.

-   Is it possible, even remotely, for this particular individual to
    have contributed to the event?

Key determinants may include:

-   Was the miner operating a piece of equipment that was involved in
    the accident?

-   Was the miner performing work activity that was involved in the
    accident?

-   Did the miner make judgments about the work activity being performed
    that might have contributed to the accident?

If the answer to any of these is yes, then the individual should be
referred for testing. Alternatively, if a miner was simply at the wrong
place at the wrong time and performing work in accordance with standard
operations, then it is likely they should not be referred.

Given the narrow window in which post-accident tests must be conducted
(remember -- it's two hours for alcohol-testing and as soon as possible
for drug-testing, but definitely within 32 hours), you may find yourself
in a position of having to make these determinations very quickly, based
on whatever information you have at one point in time---without the
benefit of a full investigation. If this happens, remember that
requiring someone to be tested following an accident is NOT accusing
them of being on drugs or under the influence of alcohol. Rather, it is
an objective means of ruling out that possibility. So, it is generally
better to cast a wide net and have everyone tested who could have
possibly contributed. That way, those investigating will have the test
results available to consider as they proceed.

Once you make the decision as to who will be tested following an
accident, it is important that you note this on the accident report.

Again, referrals for post-accident alcohol- and drug-testing usually
have to be made quickly and without a lot of information. But I want to
remind you that you should NEVER delay necessary medical attention for
injured miners following an accident or attempt to prohibit a miner from
leaving the scene of an accident to respond to an injuries or seek
urgent medical care. Getting assistance for anyone injured is, of
course, top priority in any accident situation.

[]{#__RefHeading___Toc208222748 .anchor}**VIII. Reasonable Suspicion
Testing: Overview**

> []{.mark}

The other type of alcohol- and drug-testing supervisors are involved in
is reasonable suspicion testing. As I said earlier, this is sometimes
called "probable-cause" or "for-cause" testing.

This type of testing is conducted when supervisors document OBSERVABLE
signs and symptoms that lead them to believe someone may be using
alcohol or drugs or otherwise violating the alcohol- and drug-free mine
policy. As part of this, it is extremely important to have clear,
consistent definitions of what behavior justifies testing and, when
feasible, suspicion should be corroborated by another supervisor or
manager.

Deciding that there is reasonable suspicion that a miner is misusing or
abusing alcohol or drugs typically relies on evidence such as:

-   Direct observation of use or possession of alcohol or drugs;

-   Physical symptoms of being under the influence; or

-   Patterns of abnormal or erratic behavior.

When it comes to reasonable suspicion testing, it is very important to
avoid any appearance of discrimination in who is being tested. Vague
suspicion, rumors or reports from others alone should not be the basis
of reasonable suspicion testing. Rather, this type of information might
trigger further investigation, which may result in documentation of
observable signs and symptoms, which in turn may lead to ordering a
reasonable suspicion test. Observed, documented signs and symptoms are
key to the credibility of this type of testing.

> []{.mark}

[]{#__RefHeading___Toc208222749 .anchor}**IX. Reasonable Suspicion
Testing: Making the Determination**

> []{.mark}

To reiterate, referrals to alcohol- and drug-testing based on reasonable
suspicion must be the result of observed, specific signs that lead a
supervisor to suspect drug use. The decision is based on what can be
explained at a particular given moment.

In other words, this type of testing is used when a supervisor has
REASONABLE SUSPICION that a miner's behavior or appearance MAY indicate
alcohol or drug use. The supervisor does not need to be CERTAIN, but
rather needs to be able to document specific signs and symptoms
indicative of use. And such observations must be made during,
immediately preceding, or just following a work shift. Examples of such
signs include a person's appearance, behavior, speech and/or body odor.

So, how do you recognize when someone might have a problem? Even though
you are not expected to be able to---or even try---to determine the
exact drug a miner may be using, you should be able to recognize common
signs and symptoms. Chances are you know or have encountered someone who
either currently has or has had in the past a problem with alcohol or
drugs. Though some of the signs may vary by drugs of choice, what is
observed and experienced in interacting with such individuals is often
very similar.

Examples include: *(Note: Use this list to label/identify what
participants describe and/or prompt responses)*

1\. [Physical]{.underline}

> Chills
>
> Smell of alcohol
>
> Sweating
>
> Weight loss
>
> Physical deterioration

2\. [Emotional]{.underline}

> Increased aggression
>
> Anxiety
>
> Burnout
>
> Denial
>
> Depression
>
> Paranoia

3\. [Behavioral]{.underline}

> Excessive talking
>
> Impaired coordination
>
> Irritability
>
> Lack of energy
>
> Limited attention span
>
> Poor motivation

4**.** [Other]{.underline}

> Continual missed appointments
>
> Excessive and unexplained
>
> absences or days off
>
> Borrowing money

Specific signs of when alcohol or drug use is becoming a mining hazard
include: *(Note: concrete examples are helpful here.)*

-   Creating mishaps *(such as...)*, being careless and repeatedly
    making mistakes.

-   Damaging equipment or property.*(examples)*

-   Being involved in numerous accidents, regardless of whether that
    individual is the one who is injured.

-   Displaying careless actions in the operation and maintenance of
    potentially hazardous materials or dangerous equipment. *(examples)*

-   Being unreliable such as not being where he or she should be when
    others must count on him or her.

-   Showing a lack of attention to detail on performing routine job
    duties. *(examples)*

-   Being unwilling to follow directions and being argumentative.

-   Giving elaborate, increasingly unbelievable excuses for not doing
    the job or not being where one is supposed to be.

-   Being a slacker; not carrying one's load.

-   Being unresponsive to usual cajoling. *(sometimes a coworker just
    needs a little "peer pressure" to come around, but won't respond to
    this if he/she is under the influence of a substance)*

-   Taking unnecessary risks.

-   Disregarding safety for self and others.

Others: *(for participants to name/list)*

Of course, it is important to remember that some of these signs are
indicators of other situations and/or problems such as sleep deprivation
or depression and may also be exhibited by someone who may be living
with a person who has a problem with alcohol or drugs and is,
unwittingly, encouraging or enabling it to go on.

> []{.mark}

[]{#__RefHeading___Toc208222750 .anchor}**X. Making the Referral**

> []{.mark}

We'll talk more about specific signs and symptoms more later, but for
now I want to talk about the actual process for making a referral for
alcohol- and drug-testing based on either post-accident OR reasonable
suspicion.

First and foremost, and as we have discussed, when it comes to
reasonable suspicion, documentation is key. It is very important for you
to document the specifics of what you see, and where and when. And when
feasible, it is prudent to have another supervisor corroborate what you
observe. The checklist we just went over can assist with this.

So, how to do you confront a miner you are referring for alcohol- and
drug-testing? First, make sure you discuss the situation with him or her
confidentially. Once confidentiality is confirmed:

-   Inform him or her that a determination to order a post-accident or
    reasonable suspicion drug test has been made.

-   Explain that the test is required under the alcohol- and drug-free
    mine policy.

-   Don't accuse or attempt to diagnose. Rather, state in a matter of
    fact way what you have observed:

    -   In the event of a post-accident situation, this may be that the
        miner's possible contribution to the accident must be considered
        and therefore a test is required under the alcohol- and
        drug-free mine policy.

    -   In the event of a reasonable suspicion situation, this may be
        that the miner's behavior or performance has raised safety
        concerns and there is a reasonable suspicion of alcohol or drug
        use based on documented signs and symptoms and therefore, a test
        is required under the alcohol- and drug-free mine policy.

In discussing the situation with the individual, it is important to
respect their dignity and confidentiality. Conclude the discussion by
informing the miner where to go for alcohol- and drug-testing. Keep in
mind that if they are in no condition to operate a vehicle, they are in
no condition to drive and may need to be accompanied to the testing
site.

[]{.mark}

[]{#__RefHeading___Toc208222751 .anchor}**XI. Reasonable Suspicion
Checklist**

The following checklist can assist in documenting signs and symptoms
prior to making a referral to testing based on reasonable suspicion.
*(Note: This checklist should also be provided as a hand out.)*

Employee Name: Date: Time:

Location of incident:

Description of incident:

Observations:

Odor of alcohol?

Odor of marijuana?

Attempt to conceal an object?

Behavior:

Nervous ( ) Insulting ( )

Sleepy ( ) Exaggerated Politeness ( )

Confused ( ) Combative ( )

Excited ( ) Quarrelsome ( )

Fatigued ( ) Uncooperative ( )

Poor Memory ( ) Overly Talkative ( )

Unusual Actions:

Sweating ( ) Slow Reactions ( )

Crying ( ) Tremors ( )

Fighting ( ) Quick Moving ( )

Speech:

Slurred ( ) Slow ( )

Confused ( ) Thick ( )

Rambling ( ) Pressured ( )

Balance:

Falling ( ) Staggering ( )

Unsure ( ) Needs Support ( )

Stumbling ( ) Normal ( )

Eye witnesses/other employees involved:

Supervisory action taken:

Consequences:

Follow up:

[]{.mark}

[]{#__RefHeading___Toc208222752 .anchor}**XII. When You Suspect a
Problem but there is Insufficient Evidence for a Referral**

Of course, it is possible that in your role as a supervisor you find
yourself in a situation where you have a hunch that someone has a
problem with alcohol or drugs, but do not have sufficient evidence to
warrant a referral for alcohol- or drug-testing.

In such an instance, there is still a lot you can do to help the person.
It's important to think back to the alcohol- and drug-free mine policy
and remember that it exists to protect everyone. And its goal is to
PREVENT problems BEFORE they become mine hazards.

Alcohol and drug abuse and alcoholism and drug addiction are treatable
illnesses, and early intervention and support greatly increase the
success of rehabilitation. For this reason, the alcohol- and drug-free
mine policy encourages miners to seek help proactively if they have an
alcohol or drug problem.

## *In some cases, a referral to the Employee Assistance Program (EAP), if your company has one, or community resources may be appropriate. Also, the ALCOHOL- AND drug-free MINE policy offers all miners the opportunity for a VOLUNTARY assessment by a Substance Abuse Professional. If you recall, a Substance Abuse Professional---often called a SAP---is the person who conducts an assessment in the event that a miner tests positive on a workplace alcohol or druG test. But remember, someone does not NEED to test positive in order to meet with a SAP if they feel they have a problem.* 

[]{#__RefHeading___Toc208222754 .anchor}**XIV. Recap**

In conclusion, it is important to also remind you that alcohol and drug
use is NOT always alcohol and drug abuse. For example, having an
alcoholic drink on a daily basis in an appropriate environment is not
considered to be alcohol abuse. Having multiple alcoholic drinks to the
point of drunkenness on a daily basis IS abuse. Getting high before work
or while on duty or at any time when the effects of alcohol or drugs
carry over to work hours IS abuse. It's also a safety hazard that puts a
lot of people in danger.

Any time a worker is under the influence of alcohol or drugs, he or she
is a safety hazard, especially in a mine. A worker who is alcohol or
drug dependent can also be a safety hazard, even if that person is not
intoxicated at work. Put simply, alcohol and drug abuse and mines just
don't mix.

Alcohol and drug abuse is a problem in all communities -- including
mining communities. And if it's a problem in our communities, it's a
problem in our mines. That's why it's so important that you take the
appropriate steps to ensure your mine is safe, healthy and alcohol- and
drug- free. By understanding your company's alcohol- and drug-free mine
policy, setting a good example, and rising to the responsibility of
making referrals when necessary and appropriate, you have the power to
make a real difference.