Equal Employment Opportunity (Eeo) Policy And Program Administration Form Sample Page 51

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VA MEDICAL CENTER
POLICY MEMORANDUM 00-309
BRONX, NEW YORK 10468
July 24, 2003
(e) In those cases where employees refuse help and their performance or conduct
continues to be unsatisfactory, provide a firm choice between, on the one hand,
accepting Department assistance through counseling or professional diagnosis of the
problem, and cooperating in the appropriate treatment if indicated, or, on the other
hand, accepting the consequences provided for the unsatisfactory performance and
conduct.
(f) Refrain from discussing the possibility of a drug or alcohol problem with an
employee, except in the following situations:
(i) When an employee does not appear to be in full control of faculties: Then
the supervisor should inquire about the employee's physical condition, relay the
information on the case to the Employee Health Unit, refer the employee to the
Employee Health Unit for diagnosis and emergency treatment, and ultimately refer
the employee to the Employee Assistance Program.
(ii) When an employee is apparently involved in illegal activities related to
drugs: Sections 523 and 527 of the Public Health Service Act do not charge
agencies or their personnel with responsibility for seeking out information on
illegal employee activity for the purpose of reporting it to law enforcement
authorities. Supervisors should therefore be careful not to elicit or entertain from
the employee any specificity or detail about the nature of any illegal activity or
conduct. However, when management has good reason to believe an employee is
involved in criminal conduct directed toward or potentially harmful to the person
or property of others – such as selling drugs or stealing to support a drug habit –
supervisors have an obligation first to those persons or properties, and then to the
employee. They may therefore first report the known facts to law enforcement
authorities by contacting the Office of Regional Counsel or, if the illegal activity is
occurring on VA property, the Medical Center’s Police and Security Program, as
appropriate.
C. EAP Staff:
(1) The Chief of the Social Work Program is responsible for designating the Medical
Center’s Employee Assistance Program Coordinator. In addition to an EAP Coordinator,
the EAP program may be augmented by counseling staff on a collateral basis. The EAP
staff is responsible for advising supervisors and employees of the intent and procedures
of this policy.
The staff will keep abreast of policy changes, periodically update
counseling skills, and continually collaborate with the Chief of the Social Work Program
to identify appropriate community education, treatment, and rehabilitation resources.
Counselors will also assist the coordinator and other responsible program officials in the
preparation and presentation of program-related training.
(2) When consulted by an employee, whether voluntarily or by management referral,
the EAP staff should:
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