AWARENESS TRAINING. Reasonable Suspicion FOR ALCOHOL AND DRUG TESTING. Management Edition for CMV Operations

Transcription

1 AWARENESS TRAINING Reasonable Suspicion FOR ALCOHOL AND DRUG TESTING Management Edition for CMV Operations

2 Requirements for Reasonable Suspicion What you need to know: 1. How safety-sensitive functions relate to reasonable suspicion 2. When alcohol and drug tests may be required

3 Observations What you need to know: 1. The importance of observations 2. Types of useful observations, including: Symptoms of drug or alcohol intoxication Common drug- or alcohol-related paraphernalia

4 2 Observations Suspicious Changes Employees under the influence of drugs, alcohol, or both will appear and act differently than they normally would. Watch for changes in: Physical appearance. Behavior. Speech. Body odor.

5 2 Observations Direct Observations In order to make a reasonable suspicion determination, you must directly observe the suspicious behaviors yourself and be able to clearly explain in the moment why they warrant testing for alcohol or drugs. Hearsay, rumors, or reports from other employees cannot be used to make a reasonable suspicion determination.

6 2 Observations Short-Term Changes Pay attention to sudden, short-term changes from an employee s normal appearance and behavior, instead of long-term trends. Long-term changes in an employee s appearance or behavior cannot be the sole basis for a reasonable suspicion determination.

7 2 Observations Red Flags: Drug Use Symptoms Physical appearance: Irritated nose Bloodshot eyes or dilated pupils Excessive sweating Lack of coordination Behavior: Agitation Aggression Defensiveness Increased appetite Speech: Slow or incoherent speech Odors: Lingering odors on the employee s breath or body

8 2 Observations Red Flags: Drug Paraphernalia Not all drugs use the same items for storage or use, but common drug paraphernalia includes the following: Glass or metal pipes or makeshift pipes (such as a perforated soda can) Small pieces of metal tubing Segments of beverage straws Rolled up dollar bills Small mirrors Pieces of polished metal Small plastic bags Syringes Vials

9 2 Observations Yellow Flags: Long-Term Trends Long-term changes in an employee s appearance or behavior cannot be the sole basis for a reasonable suspicion determination. However, some trends may still be indicative of problems with drugs or alcohol and warrant closer scrutiny of the employee during their shifts. Record these changes, but remember that direct observation of suspicious behavior is still required before proceeding with your determination. Trends to watch for include the following: Increased tardiness or absenteeism Involvement in workplace injuries Frequent, non-accident-related traffic violations

10 Taking Action What you need to know: 1. Guidelines for reasonable suspicion interviews 2. The process for positive test results 3. Return to duty requirements

11 3 Taking Action Making the Determination The second supervisor: Determinations for reasonable suspicion of alcohol or drug use need to be made quickly, since they must be based on direct observations of suspicious appearance or behaviors. Whenever possible, best practice is for a second supervisor to also observe the behavior and agree with the determination. However, a second supervisor s opinion is not required. When no other supervisors are available, proceed with the determination based on your observations. Documentation: Clearly document your observations and reasons for determining suspicion. Documentation must be signed by the supervisor making the observations within 24 hours of the observation or before the test results are received (whichever is earlier). Documentation must be retained for at least 1 year.

12 3 Taking Action Interview Guidelines Hold the interview in private. Before starting the interview, assure the employee that you will respect their dignity and the confidentiality of the information being discussed. Maintain a non-judgmental and non-accusatory tone throughout the interview. Clearly explain the reasons for your suspicion. Expect denial from the employee, and allow the employee to explain the situation from their perspective. Conclude by telling the employee where to report for testing.

13 3 Taking Action Test Guidelines Refusal by the employee to take the test for any reason constitutes an immediate positive test result. Federal law does not require that employees are accompanied to testing sites, but it is recommended as a best practice, especially when the testing site is not located within your facility. When reasonable suspicion exists to conduct an alcohol test, the supervisor that made the determination is not allowed to administer the test.

14 3 Taking Action Test Results If the test is negative: The employee is free to resume his or her previous duties. If the test is positive (including if the employee refused to test): Remove the employee from all safety-sensitive functions immediately. Refer to your state s laws and organization s drug and alcohol policy to determine what further actions are available to you and your employee.

15 3 Taking Action Return to Duty In some cases, employees that fail or refuse a reasonablesuspicion drug or alcohol test may be eligible for reinstatement once a treatment program has been completed. In order to return to duty, employees must successfully complete: Multiple evaluations by a Substance Abuse Professional (SAP). A prescribed rehabilitation program. A return-to-duty test yielding negative results.