My Employee Might Be Under the Influence. Can I Require Reasonable Suspicion Testing?

The Department of Transportation has strict drug and alcohol testing regulations to ensure workplaces stay safe for everyone. However, employers need to be alert for potential workplace drug or alcohol misuse outside of mandated testing times. The DOT guidelines allow employers to conduct reasonable suspicion testing, and in fact encourage it, if there is reasonable doubt that an employee may be using drugs and/or alcohol. This is due to the fact that all employees have the potential to impact the safety of a workplace.

Federally-Regulated Employees & Reasonable Suspicion Testing

The law is very clear regarding the guidelines that dictate reasonable suspicion testing. If a supervisory manager has a reason to believe that an employee is abusing drugs or alcohol or using while in the workplace, they need to immediately issue a call for drug testing. Once again, the safety of the workplace and the general public does not allow for loose interpretation or overlooked substance misuse.

What Qualifies as Reasonable Suspicion of Drug or Alcohol Use?

According to the FMSCA guidelines, reasonable suspicion is defined as noticing the presence of contemporaneous behavior or odd observations in terms of speech, appearance, body odor, or a driver’s behavior. In addition, noticeable issues that indicate chronic withdrawal can also be used as an indicator when combined with any of the above-mentioned facts. It should be noted that withdrawal side effects are insufficient to warrant reasonable suspicion testing. While the law only requires that one company official or qualified supervisor document the suspicious behavior before calling for reasonable suspicion testing, it is good practice to have two supervisors document and observe the behavior in question.

What Happens if the Testing Reveals a Positive Result

If an employee fails a drug or alcohol test or refuses to take one then they must be immediately removed from their safety-sensitive duties. At this point, the employee must schedule an initial evaluation with a Substance Abuse Professional. Based on their evaluation, the SAP will recommend a return to duty protocol for the employee which will include treatment and/or education. Once the employee has shown compliance, the SAP will re-evaluate the employee and recommend they submit to a return to duty drug and/or alcohol test. If the employee submits a negative result, the employee can return to safety-sensitive work.

This process needs to happen quickly, which is why working with a service agent, SAP Referral Services (SRS), is vital. We can help your employees see a SAP quickly and get them back on their feet after failed reasonable suspicion testing. Contact us today.