A comprehensive drug and alcohol policy ensures consistency in the reasonable suspicion procedure if a supervisor suspects impaired driving. Tell your employees in writing that your company will implement a reasonably suspected drug testing program and a copy of your company`s drug testing policy. (c) The requirements of this Part relating to the investigation of illicit drug use do not prevent the contractor from conducting other existing disciplinary proceedings or requiring a medical examination of an employee who exhibits deviant or unusual behaviour. You should have a written drug testing policy in your company that clearly describes when reasonable drug testing will be used, what types of observations might be conducted, and how they will be conducted. Whether you should fire an employee who tests positive for alcohol or drugs at work depends on your state and local laws. Employers may conduct drug testing with reasonable suspicion if their employees appear to be impaired on the job or if they are observed at work in possession of alcohol or drugs. It differs from random testing in that it is only performed when a manager or other employee has directly observed an employee`s unusual behaviour, symptoms of substance use, or possession of marijuana, alcohol or other drugs in the workplace. Confronting an employee who you have reason to believe is using drugs or alcohol at work is stressful. Be prepared. Because of the discretion of drug testing with reasonable suspicion, you should carefully note what you and others have observed. Specific documentation creates a good defense if the incident escalates into litigation. For example, if you write “Bob was angry,” add details about the signs of anger.

“Bob raised his voice and came within inches of my face while waving his arms,” gives a vivid image of the script. Providing as much detail as possible will answer questions about your documentation before anyone asks. Companies regulated by federal or state governments already have comprehensive drug and alcohol testing policies that define reasonable suspicion and the drug testing process. Private companies can determine how they manage drug and alcohol testing. Make sure your policy complies with the laws of your state, county, and city. If you suspect an employee is under the influence of alcohol or drugs, never allow them to drive to a testing centre. The reasonable suspicion test is a useful tool when an employer believes an employee may be under the influence of drugs or alcohol at work. As useful as it is, certain conditions must be met before an employee is invited to undergo this type of testing. Depending on your jurisdiction or industry, the reasonable suspicion standard can vary widely.

To ensure compliance with these regulations, it is important to train supervisors and employees to recognize suspicious activity. We recommend that you send a copy of your drug and alcohol testing policy to each current and new employees and ask them to sign a document attesting that they have read and understood it. Keep it in each employee`s file if you are faced with a confrontational encounter with reasonable suspicion. Not all States implement guidelines for the examination of reasonable suspicion. Some states, such as Georgia, Nevada and Ohio, do not mention a reasonable standard of suspicion in their laws at all. However, the absence of a defined standard does not give employers a free hand in the decisions to be reviewed. Employers should apply common principles at the national level, including rational findings of individualized suspicion based on artificial observations by the employee. Reasonable suspicion training for supervisors[18] helps employers understand and substantiate well-founded suspicions. Follow these best practices when implementing a reasonably suspected drug testing program in your organization: Lobdock trains your supervisors and offers comprehensive drug and alcohol testing. Call us at 405-822-0553 for course information. [1] 49 C.F.R. § 382.307(a) (2020); 49 C.F.R.

§ 219.301(a) (2020). [2] Alabama Code § 25-5-331(12) (West 2020). [3] See for example 803 ky. Admin. Regs. § 25:280 (2020) (providing a standard based on “. objective and articulable specific facts and reasonable conclusions drawn from those facts. »); Minn. Stat. Ann. § 181.950 (West 2020) (definition of “reasonable suspicion” as “basis for forming a belief based on specific facts and rational conclusions from those facts”); Miss Code.

Ann. § 71-7-1 (West 2020) (provides a justifiable reason for the audit based on the conclusion that “An employee uses or has used drugs, thereby contravening the employer`s policy arising from certain objective and artificial facts and reasonable conclusions drawn from those facts.