• Reasonable suspicion drug tests can help protect the company and its workforce.
• A reasonable suspicion drug testing policy lets employees know up front that they need to be accountable for all actions.
• Supervisors need to document an employee’s unusual patterns or unsafe behaviors to justify a reasonable suspicion drug test.

What if an employee is suspected of being under the influence of drugs and/or alcohol? What recourse does the employer have?

Any employee may be tested when a supervisor has reasonable suspicion that the employee is impaired by alcohol or drug use. A state law may limit an employer's ability to test for marijuana, but even in these states an employer may still test for other drugs or alcohol.

These tests can help protect the safety, productivity, and well-being of the workforce. The importance of reasonable suspicion testing (also called for-cause testing) is underscored by the negative impacts substance abuse makes on the workplace. It can lead to:

• Workplace accidents. Substance abuse can bring lapses in safety.
• Lower productivity. The entire organization suffers when substance abuse hampers a person’s ability to properly do a job.
• Decreased morale. Other workers may resent having to make up for the abuser’s impaired ability to complete a task.

Reasonable suspicion testing holds employees accountable for all actions. Employees can be expected to come to work free of the influence of alcohol or illegal drugs. Testing when alcohol or illegal drug use is suspected can help stop the cascading harm substance abuse brings.

A workplace substance abuse policy should let employees know that a reasonable suspicion drug test may be given when warranted. It should also outline the consequences employees face if a reasonable suspicion drug test is positive.

The supervisor’s role

Supervisors should be aware of the importance of taking proper action when substance abuse is suspected. They should:

• Understand the reasons for testing,
• Know the signs of substance abuse,
• Recognize the importance of promptly addressing this sensitive issue, and
• Be ready to handle a situation that can become emotional or potentially dangerous.

Properly addressing situations where substance abuse is suspected provides a solid foundation for a workplace that is safe, productive, and supportive of worker well-being.

Making observations

A test for reasonable suspicion of alcohol use or illegal drug use needs to be based on solid, independent observations. While the test is at the supervisor’s discretion, it should not be done on a whim. It may not be based on a gut feeling that someone is under the influence of drugs or alcohol, or only on a rumor that someone has been using drugs.

To be fair to everyone involved, supervisors need to be able to justify the reason for the test through a documented pattern or observations of unsafe or unusual behavior. Reasonable suspicion doesn’t mean beyond a reasonable doubt, but before a test is done there should be specific, observable signs that can be documented.

These observations need to be specific and recent. The observations should be confirmed by another manager or supervisor, or someone from human resources.

Addressing rumors: If suspicions are based on an anonymous tip or a tip from a coworker of the employee, a supervisor should not automatically take that person’s word for it (there may be an ulterior motive, or the employee may have simply misinterpreted certain actions that a trained supervisor would see differently).

The supervisor does not need to completely disregard the information, but should conduct an investigation.