How Does Reasonable Suspicion Testing Affect my Employees?
Reasonable suspicion testing is a type of drug testing that is typically used in workplaces where safety is a major concern. This type of drug and/or alcohol test applies to safety-sensitive employees federally regulated by the Department of Transportation.
Reasonable suspicion testing can have a major impact on safety-sensitive employees. If the employee fails a drug and/or alcohol test they will be removed from their position. This can have a significant impact on their livelihoods and career, as they can not work in any safety-sensitive position until they successfully complete the return to duty process.
Factors Employer Should Consider
An employer may order a reasonable suspicion drug and/or alcohol test when they have observed one or more of the following behaviors in an employee:
- Unusual behavior, slurred speech, bloodshot eyes, pupils that are larger or smaller than normal
- Increased or decreased energy levels
- Changes in mood or attitude
- Poor coordination
- Slow reaction times
- Impaired decision-making
“An employer’s determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. A supervisor(s), or other company official(s) who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations.”
Regulations Surrounding Reasonable Suspicion Alcohol Testing
The DOT 49 CFR regulates alcohol testing for transportation employees in safety-sensitive positions. The regulation requires that reasonable suspicion alcohol tests be administered within 2 hours of the employee performing safety-sensitive functions. If the test is not administered within 2 hours, the results may not be considered valid.
If an employee tests positive for alcohol, they will be immediately removed from their safety-sensitive functions.
What are Required Elements of an Anti-Drug Use and Alcohol Misuse Program?
An anti-drug use and alcohol misuse program should include a statement from the employer describing their policy on drug use and alcohol misuse. The policy should make it clear that employees are expected to comply with the law and refrain from using drugs or alcohol while at work. The policy should also state that employees who are found to be under the influence of drugs or alcohol will be subject to disciplinary action, up to and including termination.
The program should also include a statement about the education and training program that will be provided to employees. The education and training program should provide employees with information on the dangers of drug use and alcohol misuse, as well as the employer’s policy on these substances.
Finally, the program should include a statement about the testing program that will be used to test employees for drug use and alcohol misuse. The testing program should be designed to identify employees who are under the influence of these substances and should be conducted in a fair and consistent manner.
Procedures for Referring a Safety-Sensitive Employee
If an employee fails a drug or alcohol test, or refuses to take a test, they will need to find a SAP to complete the return to duty process. Finding a SAP doesn’t have to be a lengthy process, especially if you partner with SAP Referral Services (SRS), a service agent. Contact us today at 410-668-8110 to learn more.