This document serves as an accessible version of this course and is intended only for those individuals who require an accommodation for a disability. If you do not require an accommodation based on a disability, you must complete the SEAP Fitness For Duty for Supervisors 2021 web-based training through ESS > My Training to receive credit on your transcript.
There are a few documents referenced in this course:
· CDL Drug and Alcohol Testing Manual 505.5
Welcome to the training “State Employee Assistance Program, Fitness for Duty for Supervisors”.
At the conclusion of this course, you will be able to:
· Define Fitness for Duty (FFD);
· Identify supervisory fitness for duty roles and resources; and
· Identify the steps to conduct a fitness for duty assessment.
The Commonwealth considers employees fit for duty when their physical, emotional, and mental condition is such that they are capable of performing their duties in a proper, competent, and safe manner.
As an employer, the Commonwealth has certain basic expectations of all its employees:
· Employees must be able to perform their duties in a proper, competent, and safe manner.
· This applies to all employees whether they are working at an onsite location or teleworking.
· Employees must remain in a fit condition throughout the work shift.
Employees are considered unfit for duty if they cannot perform assigned duties in a proper, competent, and safe fashion, regardless of the reason.
Similarly, the Commonwealth also has certain basic expectations of its supervisors in working to ensure a safe and productive workplace. As a Supervisor:
· You are to monitor your employees’ performance and assess their behavior, and
· You should be able to take prompt action and follow guidelines to address fitness for duty issues.
Please note that this process is appropriate regardless of whether you supervise in a traditional, onsite environment or in a less traditional environment such as telework or with employees who travel to customer or client worksites.
What are some of the causes or reasons why an employee may be unfit for duty?
· Physical illness: the employee may have an undiagnosed illness or be under treatment for an illness and unable to perform work effectively.
· Medication: the employee may be experiencing side effects of prescriptions, over-the-counter medications, and/or medical marijuana. Please note, medical marijuana is not a prescription medication; it’s recommended by a doctor and obtained from a dispensary.
· Stress: the employee may have marital problems, family problems, financial difficulties, etc.
· Mental illness: the employee may be suffering from depression, anxiety, etc. and lastly;
· Substance Abuse: the employee may have a substance abuse problem and be addicted to drugs and/or alcohol.
You may wonder, Do I really have to conduct a fitness for duty assessment? The answer is yes. The Commonwealth and every supervisor have a legal and ethical responsibility to ensure the safety and security of the workplace, this is accomplished by taking prompt action to address unfit employees who threaten to compromise the safety and welfare of patients, clients, coworkers, and the public.
Legal liability may result from inaction or unwillingness to take appropriate action to prevent incidents caused by employees who are unfit for duty.
When conducting a FFD assessment, here are important points to remember:
· You should NOT attempt to diagnose the reason why your employee may be unfit for duty.
· Instead, observe your employee's behavior only as it relates to their work.
· As a supervisor, you can only observe an employee's behavior and often will have only limited insight into what may be causing their ineffective performance.
· Throughout the process make it a point to withhold judgment about the reason an employee may be unfit.
· Be cautious in responding to an employee’s questionable behavior and try to remain objective.
· The most effective way to remain nonjudgmental and respond objectively to a situation is to document at every step and then simply report the facts as written and as they relate to an employee's behavior.
What matters is whether or not an employee is fit for duty, NOT the reason for being unfit.
Next let’s talk about the steps of the fitness for duty process.
First, you will use the Visual Observation Checklist, then conduct a fitness for duty interview. Next you will assess the situation, consider the situation, and finally, respond to the situation. Following each of these steps will help you to assess the degree to which the employee may be unfit, the type of behavior, and the safety concerns to determine your response.
Whenever possible, you should enlist the assistance of another supervisor or manager to function as a co-participant during the fitness for duty process. However, even if another supervisor or manager is not available, you must proceed with the fitness for duty process on your own.
The first step of the fitness for duty process is to utilize the Visual Observation Checklist. This checklist can be found in Appendix C, of the SEAP Manual 505.3. The SEAP Manual can be found in the Resources section of this document. To use the checklist, observe your employee as they perform their job duties and circle any pertinent items on the list based on your observation of the employee’s behavior. Be sure to document the date that you completed the checklist. If you are unable to observe employee characteristics directly, enlist assistance from another member of your supervisory or management team as appropriate. Let’s take a moment to think about using this checklist in a nontraditional work environment, such as telework or when employees travel to customer or client work sites. You will still follow the same steps, but you may rely less on your observations of the employee’s physical characteristics and more on their performance, interpersonal behavior, and judgment. If, based on the Visual Observation Checklist, you believe that the employee is unfit you should then proceed to the next step of the fitness for duty process, the fitness for duty interview.
During the fitness for duty interview, you will use the Questions for Suspected Fitness for Duty Checklist to help you to interview your employee. This checklist can be found in Appendix D, of the SEAP Manual, 505.3. Please note: If the employee requests union representation and a union representative cannot be located within a reasonable amount of time, you should not conduct the interview, but you should move to Step 3, assess the situation, in order to take appropriate action to ensure your workplace is safe. If you have questions, reach out to your Employee Relations Coordinator, SEAP Coordinator or Human Resources Office.
Step 3 is to assess the situation. At this stage, consider the steps you’ve taken up until now so that you will be able to respond appropriately. When considering fitness for duty you should use the Reasonable Prudence Test to determine if your employee’s behavior jeopardizes the health and safety of others or operational efficiency of the workplace. A reasonably prudent person is an individual who uses good judgment or common sense in handling practical matters.
So, when attempting to determine fitness for duty, ask yourself: “Would a reasonable and prudent person consider my employee’s observed behavior to be incompatible with the competent and safe performance of their duties?
When conducting an assessment first:
Use the visual observation checklist to observe your employee’s physical characteristics. That is their facial expressions, coordination, physical appearance, etc. When your employee is not physically with you, ask your employee to turn on their camera, if possible. Remember, in a nontraditional work environment, such as telework settings, you will still follow the same steps but may rely less on your observations of the employee’s physical characteristics and more on their performance, interpersonal behavior, and judgment.
You should also assess your employee’s intellectual ability to perform.
What is the employee’s:
· Level of alertness?
· Ability to concentrate?
· Memory?
· Are they oriented or disoriented?
· Are they rational or confused?
Next assess your employee’s interpersonal behavior.
· What kind of language are they using?
· What is the level of interaction with others - are they aggressive, intimidating, threatening, are they isolating themselves?
· How does their speech sound - is it slow or rambling?
· What is their demeanor - are they tearful, talkative, anxious, etc.?
How about the employee’s judgment? Is your employee functioning at a level conducive to making safe and effective decisions?
If, after you have assessed the situation, you’ve come to the conclusion that your employee is not fit for duty, determine what behavior and observations led you to that conclusion.
·
After
your assessment you should always consider:
The applicable policies, safety/competency criteria, and the acceptable norms
at the specific worksite.
· You should also consider the relevant job duties (for example, does the position involve clerical duties, patient care duties, is it safety-sensitive?)
· Finally, document your rationale on Appendix D, of the SEAP Manual 505.3 titled, Conclusions based on Observations and Questions.
Though a fitness for duty situation can be difficult or uncomfortable to conduct, you have a legal and ethical responsibility to take appropriate action to prevent an unfit employee from compromising the safety of the workplace.
If the behavior is an immediate threat to the health and safety of others at the worksite - contact law enforcement or other emergency services. Then contact your Employee Relations Coordinator, SEAP Coordinator or Human Resources Office to make them aware of the situation. If there is no immediate danger, but the employee’s behavior is irrational or inappropriate and disrupts the workplace consult with your Employee Relations Coordinator, SEAP Coordinator or Human Resources Office to determine next steps.
If your employee is deemed to be fit for duty:
· The employee should be returned to duty.
· The behavior should be addressed with the employee.
· The supervisor should take this opportunity to advise the employee of the resources available through SEAP and provide the employee with the telephone number 800-692-7459.
Documentation should be forwarded up the chain of command.
If your decision is that the employee is unfit for duty and warrants the removal of the employee from the worksite:
· Follow your agency’s protocols for removing the employee (whether that be family notification, friend, escort, etc.) When teleworking employees are deemed unfit for duty, they must be directed to stop performing their duties immediately. Supervisors should then consult with their HR office.
· Do not allow the employee to drive. Remember, if an employee is unfit to work, the employee is unfit to drive. If you allow employees to drive themselves home and they have an accident, the Commonwealth could face potential liability.
· Do not restrain the employee, however, if the employee insists on driving home, tell them that you will call the police if necessary. Then do just that.
· Ensure the employees’ and the workplace’s safety.
· Remember, you may want to have crisis intervention or law enforcement involved in the employee’s removal, depending on the circumstances.
If the employee is a CDL covered employee, apply the CDL protocols for reasonable suspicion drug and alcohol testing. REMEMBER: Drug and alcohol suspicion testing is only applicable to CDL covered employees (unless your agency has negotiated drug and alcohol suspicion testing provisions that also apply to non-CDL covered employees).
You have now learned your supervisory role in recognizing when an employee may be unfit for duty and the steps to take in response. By requesting credit for the course, you are acknowledging that you have read and understand the policy.
As a supervisor, you may also contact the SEAP Supervisor Consultation Line 800.662.9206 to speak confidentially with a specialist. The SEAP Hotline can be reached at 800.692.7459.
Additional SEAP resources can be accessed through their website at www.liveandworkwell.com, Access code: Pennsylvania.
Thank you for completing this course. This version of the course is intended for individuals who require an accommodation for a disability. Once you have fully reviewed the information in this training, reach out to your Training Officer to request credit for completing this course. You will not receive credit for completing this course until you do so.