If your business has a strong commitment to a drug-free environment outlined within a written policy or drug-free workplace program, then you know the importance of maintaining a safe and productive work environment. Generally speaking, employers have the specific right to require their employees to arrive at work both sober and unimpaired. If any concerns come up throughout the day that insinuates that an employee is acting suspicious or strange, you may wonder what constitutes a real call for concern.
Drug testing your employees due to reasonable suspicion is ultimately legal and fair within the right circumstances, with the adequate documentation, and when the proper procedures are followed. Addressing this situation can be difficult for both employers and employees due to the fear of being wrong and facing retaliation or the fear that it will deeply impact business and personal relationships.
Nevertheless, if an employer has factual reason to believe their employee is under the influence, they can request that the worker be drug screened. Let’s closely examine the regulations to better understand what’s considered reasonable suspicion for drug testing.
Defining Reasonable Suspicion
Reasonable suspicion testing is simply one segment of a workplace’s drug and alcohol testing policy. This comprehensive program policy should define workplace rules, summarize employee expectations, and declare what conduct is prohibited. There should be a clear policy in place within the work environment about this type of required testing that is communicated to every employee. A vague policy only leaves room for unanswered questions and possible litigation issues.
A policy regarding reasonable suspicion testing is crucial to have in order for management to act in precise accordance with safety purposes. A step-by-step protocol that requests the employee to comply with drug testing acts as a safeguard. When utilized efficiently, screening for illicit substances under reasonable suspicion is an appropriate tool to protect the wellbeing of workplace staff. For everyone’s welfare, the goal of this procedure is to remove any employee whose current behavior or appearance signals potential illicit substance use.
Reasonable suspicion is not discrimination by means of a hunch or an assumption. Reasonable suspicion assesses the situation at hand to determine the course of action without jumping to quick conclusions. In order for reasonable suspicion to warrant a drug test, written documentation must be filled out by a supervisor with facts of observation and eyewitness evidence as to why there is suspicion.
Establishing Reasonable Suspicion: Facts and Laws
Requests for reasonable suspicion drug testing are simply to determine if drug use has in fact played a part in an unfavorable workplace situation. When acting upon reasonable suspicion, employers must follow local or state laws that outline the appropriate procedures for action. These laws require proper notice to be given to the employee about what exactly has been observed and why their behavior is within a reasonable range of suspicion. Without documented clarification, allegations of illicit drug use can create a slippery slope of legality problems or potential liabilities.
The Civil Rights Act is a well-known document of labor legislation that protects employees against possible discrimination. This federal act is important to keep in mind as it requires employers by law to not discriminate against any employee based on their sex, race, color, nationality, or religion. Determination of reasonable suspicion must only be made by directly observed behavior that appears to be leading to impairment—not a determination based on an unjust, immoral, or prejudiced judgment.
Criteria To Consider: Physical, Mental, and Behavioral Signs
The signs of considerable impairment can be visibly apparent at first glance. Some symptoms may be more noticeable with further assessment. To know what’s considered reasonable suspicion for drug testing, be aware that there are three different categories of symptoms to look out for.
Physical signs of impairment include bloodshot or glassy eyes and dilated pupils. The person’s body may be shaking, fidgeting, shivering, or sweating, and they may stumble around on their feet. Their speech may be slurred or have a drastic change in speed rate.
Mental or psychological signs that an employee is under the influence include any sudden or unexplainable changes in their personality. They may be more withdrawn, irritable, or have loud outbursts. They may develop a mysterious sense of paranoia or fear. They may also be unable to focus on their work or the people around them.
Behavioral signs of possible illicit drug abuse include inappropriate actions of laughing, crying, or hollering. Their job performance may worsen because they are sleeping on the job or have some difficulty staying awake at their position. Their appearance may be out of sorts or character, with a decline or lack of proper care and grooming. They have unexplained absences or take a number of breaks that they are unaccountable for.
How To Implement: Best Practices for Employers
Full awareness of the reasonable suspicion policy is critical to foster fairness and boost morale in the workplace. Your management team, HR team, and supervisors should all be trained to recognize the above signs and symptoms of drug and alcohol abuse. It may be most beneficial to train all your personnel to identify these signs in case other employees need to be reported.
Hence, workplace staff should be aware of the correct actions to take if they believe that someone with suspicious behavior is under the influence during the workday. Reasonable suspicion should always be formally documented with a symptoms checklist and blank space for notes to be taken. All signs and observations should be recorded leading up to a warranted drug test. Management and HR should meet with the employee beforehand and provide appropriate transportation for reasonable suspicion testing.
If your business carries out or handles drug testing, American Screening Corp has drug screening kits that are sure to fit all your screening needs. As a number one supplier, we carry top-quality testing products that are easy to use, fast and efficient, and come with the guarantee of a 99% accuracy rate. Browse through our collection of test kits that provide full coverage of the most imperative illicit substances that need to be screened for in today’s workplaces, such as THC, opioids, barbiturates, and cocaine. If you have any questions about our testing products or need further information, don’t hesitate to give us a call.
