• 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. Reasonable suspicion 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).

A rumor of drug use needs to be investigated. When deciding how to proceed, considerations include:

1. The credibility of the source of the information. While reports of drug use need to be investigated, actions shouldn’t be based only on a rumor. The employee reporting the issue might be wrong or could be trying to get a coworker in trouble. The facts of the situation should be paramount in any decisions that are made.
2. Safety and health issues that would arise if the employee were to be impaired by marijuana use. If the employee has a job that is safety-sensitive, and the employee or others would be at risk, a prompt investigation is warranted.
3. State laws. Some states prohibit marijuana testing based on odor alone, or restrict the type of test that may be done. State laws need to be taken into account if a drug test is to be part of the investigation.
4. Federal regulations. If the employee is required to be tested under federal regulations, such as those from the Department of Transportation (DOT), specific criteria must be met for a test to be done. A workplace rumor alone is not a reason to do a regulated reasonable suspicion test, but that doesn’t mean the rumor is ignored. The situation needs to be addressed and could be handled under an employer’s workplace drug and alcohol policy.

The person who is sharing the rumor of drug use should be asked a few questions to bring out the details of the situation. Document what was observed, when, and whether any other employees or supervisors were present.

Then it’s time to talk to the employee. The worker shouldn’t be accused of doing something wrong. Rather, the conversation should be approached as a fact-gathering mission. The goal is not to accuse or punish the employee. The employee’s behavior could be due to a medical issue, a new medication, or a lack of sleep due to caring for a child.

It's best to meet privately, be prepared, and stick to the facts. During the meeting, notes and a copy of the company’s drug and alcohol policy should be readily available. The tone of the meeting should be respectful and the conversation should be based on the facts. You can state what has been observed and ask the employee for an explanation. To keep the meeting from becoming confrontational:

• Maintain composure and speak in a calm voice,
• Keep an open mind,
• Listen respectfully,
• Ignore inflammatory remarks or combative acts, and
• Be clear and firm about company policy and workplace expectations.

It's also important to also watch for signs that signal reasonable suspicion of substance abuse. These can include:

• Poor coordination
• Clumsy movements
• Drowsiness
• Disorientation/confusion
• Bloodshot eyes
• Giggling
• Short-term memory issues

If you do observe signs that indicate recent drug use, the signs should be documented. If drug testing is part of your workplace policy, the employee may be sent for a drug test.

Testing needs to align with state law. If drug test is positive, the employee may be offered a second chance based on successful completion of a rehabilitation program or may be terminated, depending on company policy. If no test is conducted, but the employee’s behavior indicates that action is required, actions will depend on the circumstances surrounding the incident and your company’s disciplinary procedures. Your workplace procedures can guide you.

If there is another explanation for the employee’s behavior, and it relates to a condition that may require time away from work, refer the matter to human resources so the employee’s rights under the ADA or Family and Medical Leave Act (FMLA) can be given consideration.