• The five steps to administering a reasonable suspicion drug test are to observe, confirm, document, confront and test.

Step 1: Observe

The signs that a person is impaired by alcohol or drug use may be immediately observable or may be seen over time.

The physical, emotional, and behavioral signs of substance abuse can include:

• Slurred speech
• Chills
• Smell of alcohol
• Excessive talking
• Poor motivation
• Lack of energy
• Limited attention span
• Decreased dexterity, agility, and coordination
• Negligence or carelessness
• Disregard for safety
• Anxiety
• Denial
• Paranoia
• Involvement in an accident that results in serious damage

More subtle signs can include:

• Physical deterioration
• Depression
• Increased aggression
• Excessive and unexplained absences or days off
• Borrowing money

If any of these signs and symptoms appear, the supervisor will have to make an important judgment call. Does the person’s behavior represent an immediate or imminent danger to himself or others? If so, the supervisor must act immediately to remove the employee from a dangerous situation. The observations should also be documented.

Even if an employee’s actions do not rise to the level of immediate danger or warrant a reasonable suspicion drug test, a supervisor should not ignore unusual or problematic behavior and hope it will go away. If a supervisor notices that the employee’s performance is deteriorating, or the employee’s interactions with coworkers are causing stressful or unproductive situations, the supervisor should take action.

The supervisor can talk to the employee about what has been observed and point out how the employee’s actions conflict with workplace expectations. The supervisor may ask if there is anything the employee wants to talk about, and point out any employee assistance programs that are available.

An employee’s unusual behavior might not stem from substance abuse, but could be an indication of another issue that requires attention. An employee may have a medical problem that requires an accommodation under the Americans with Disabilities Act or leave under the Family and Medical Leave Act.

Discussing the behavioral issues and other signs that are causing concern is a first step in uncovering issues that require further attention. If action needs to be taken, the supervisor can contact human resources for the next steps in the process.

Step 2: Confirm

After a supervisor has personally observed that an employee’s appearance, behavior, speech, and/or body odors are consistent with the signs and symptoms of drug or alcohol use, these observations should be confirmed by another manager or supervisor or someone from human resources. The second person should observe and document the suspicions independently.

Step 3: Document

Supervisors should have written documentation relating to the signs of impairment that led to the drug test. This can be done using a checklist of behaviors that can indicate impairment. All supervisors or managers who witness the employee’s behavior should also fill out the checklist.

In addition to checking off observed behaviors that indicate an employee could be under the influence of alcohol or illegal drugs, a supervisor should expand on what was seen. These details should be documented as objectively as possible. Statements such as “Jason appeared drunk” or “Pat looked stoned” are not detailed enough. Comments like this are opinions and do not provide a description of exactly what was observed.

Instead, support the list of observations with specific, detailed statements, like “Jason was slurring his speech and had an odor of alcohol on his breath,” or “Pat tripped three times while walking a distance of 100 feet and was not able to clearly state a reason for her actions.”

Step 4: Confront

If the documented observations reasonably suggest impairment, it’s time to confront the employee. Confronting an employee who has a suspected substance abuse problem is not easy, but for the safety and productivity of all workers, it must be done.

A supervisor may want to practice having a conversation about substance abuse before a difficult situation arises to help the supervisor respond properly when an employee needs to be confronted.

The supervisor should remember that the goal of the meeting is not to punish the employee, but to gather more information about the situation and give the employee a chance to offer an explanation for what the supervisor has observed. A supervisor should not rush to conclude that alcohol or illegal drug use is the cause of the behavior. Some medical conditions can mimic the symptoms of drug or alcohol use, so there may be a legitimate reason for the employee’s behavior.

The meeting should be held in a private setting. This preserves confidentiality, avoids a scene, and spares the employee public embarrassment. The meeting room may require a telephone and perhaps a box of tissues.

A supervisor should be prepared for the meeting and not rely on memory; all supporting documents and records should be available. The supervisor should be familiar with the company’s substance abuse policy. If not, it should be reviewed before the meeting. The supervisor should also review the documents relating to the signs of suspected alcohol or drug use.

During the meeting, the supervisor needs to:

• Maintain control and stick to the facts as they affect work performance. During the meeting, the company’s expectations relating to the use of alcohol and drugs should be communicated, and specific examples of what has been seen should be shared. It can be helpful to have a copy of the company’s substance abuse policy to share with the employee.
• Be supportive, but avoid emotional involvement. The tone of the meeting should be respectful. A supervisor needs to:
  • Maintain composure,
  • Avoid conflict,
  • Speak in a calm voice,
  • Listen respectfully, and
  • Ignore inflammatory remarks or combative acts.
• Be clear and firm. The supervisor should not accuse the employee, but should simply state the observations and the need to follow the company’s substance abuse policy.

The employee should be offered the chance explain the observations. A supervisor can ask questions such as, “Is anything going on?” but should not allow the employee’s explanation to sidetrack the conversation.

The supervisor should not attempt to diagnose an employee’s condition, nor simply accept an employee’s explanation (e.g., “I took a strong cold medicine this morning.”). Employees will usually have an excuse, and this is not the time to determine if that excuse is valid. The supervisor may point out that if there is a reasonable explanation, the test results will take that into account. If an employee becomes defensive or issues denials, a supervisor should listen to what the employee must say, but use the company’s substance abuse policy to stay on point.

A supervisor should be prepared to call upon the next level of management or security, if necessary.

Step 5: Test

The next step is to follow the company’s policy for directing the employee to drug and/or alcohol testing. Exactly how drug and alcohol testing is handled, and by whom, should be clarified in the company substance abuse policy.

If the test is to be conducted offsite, do not let the employee drive to the site. The company could face liability if the employee gets in an accident and the company knew the employee was impaired. Instead, it’s a good idea to either have a supervisor drive the employee to the site or arrange for a transportation service. It is best to have someone from the company present who has a vested interest in making sure an accurate drug test is conducted (and that the employee actually goes to the site to take the test).

Some employees may want to drink large amounts of water to dilute a urine sample or make stops along the way or otherwise delay taking the test. Don’t allow this to happen.

Be on the lookout for adulteration products. There are products readily available over the internet that employees can use to adulterate a urine sample.

If the employee refuses to be tested, or clearly obstructs the testing process, this can be treated as a positive test. The employee would face consequences as outlined in company policy.

At this point, the employee may also admit to using drugs or alcohol. If this happens, discuss the consequences of this as it relates to company policy. Company policy may call for a referral to an assistance program provider or rehabilitation services, suspension, or termination.