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Reasonable Suspicion that an Employee is under the influence Our employees are our most valuable asset. As a supervisor, you work with them to accomplish the City’s goals. Workplace safety should always be a top consideration. The workplace is not exempt from substance abuse issues. Substance abuse hurts our reputation, affects people’s production, and is costly. Underperformance, sick leave, absences, medical and worker’s comp. costs all take a toll on the City’s bottom line. Add to that HR concerns and legal matters that must be handled. Reasonable suspicion testing has shown to be an effective way of reducing workplace drug and alcohol abuse. General Reasonable Suspicion Guidelines • When documenting your observations be specific. Do not state, for example “Lars looks like he’s on drugs”. Use instead, “Lars has slurred speech and stumbles when he walks”. • Before confronting an employee consider having security personnel available. • If feasible, have another supervisor verify your observations. However, a second opinion is not required. • If you are not the employee’s immediate supervisor, notify their supervisor before the confrontation if possible. • Don’t expect employee to say “drug test—great, I need a break from work”. Be prepared for them to become emotional and to react unfavorably. • Do not use physical force or restraint unless it is to protect yourself or others. • Remember that all information discovered including drug test results are confidential. Reports, findings and determinations are not to be discussed with anyone who does not need to know. Recognizing the Signs As an effective supervisor, you must stay alert to the behavior of your employees. When an employee exhibits signs and of current drug or alcohol use, dangerous behavior, threatening behavior, possession of alcohol or illicit drugs, or illegal activity, immediate action is required. Use observation checklists and behavior checklists to substantiate and document your observations. If there are no signs of current drug or alcohol use or if there is no direct evidence (i.e. caught in the act, paraphernalia found, etc.), immediate action may not be required. However, it is important to observe the employee’s behavior on a day to day basis. Is his/her performance or attendance lacking? Has he/she been showing increased irritability? If this scenario worsens, the employee may be a candidate for a reasonable suspicion test—in some cases you do not have to rely solely on physical signs and In order to authorize a reasonable suspicion drug and/or alcohol test you must have sufficient grounds for testing. Ask yourself the following questions to establish reasonable suspicion: 1. Has some form of impairment been observed in the employee’s appearance, behavior, motor skills, etc.? □ Yes □ No 2. Did you witness these impairments personally? □ Yes □ No 3. Are the facts capable of explanation and documentation? □ Yes □ No 4. Is the impairment current, now? □ Yes □ No 5. Could the impairment be caused by the possible use of drugs or alcohol? □ Yes □ No Do not proceed with reasonable suspicion testing unless you answered all of the above questions “YES” Documenting Documenting your observations and other events leading up to a reasonable suspicion decision is important. If there are any legal questions that should arise, documentation should provide the necessary answers. At this point you should contact HR to discuss your findings and get their advice. You will need this documentation for the next step of confronting the employee. ---PAGE BREAK--- The Confrontation Process Confrontation is a sensitive issue that must be handled carefully. It should be constructive, yet firm. To minimize risk and make the confrontation process legal, consider the following recommendations: 1. Prepare and plan ahead what you will say—have a game plan. 2. Before scheduling this meeting, make sure that the employee can be driven to the testing site by an authorized Supervisor or HR representative (not a co-worker). Also, it is your responsibility as the supervisor to see that the employee is driven home after the testing is completed. You should never allow him/her to drive as you will be accountable for any incident that may happen to him/her or to others. 3. Have a reliable witness present, preferably from HR, during a confrontation. 4. Do not confront the employee in the presence of co-workers unless it is unavoidable. Try to deal with the situation in private. The goal is to minimize embarrassment and undue attention. 5. Once you are settled, inform the employee that the meeting is about his/her safety and performance and nothing else. Remind them of the City policy on alcohol and substance abuse. 6. Do not accuse the employee of being under the influence, rather ask if they have been drinking or taken any drugs (because of lower inhibitions, the employee will often admit the fact). 7. Stick to the facts—list out what you have seen, smelled, or heard. Tell them that you are requiring a Reasonable Suspicion alcohol and/or drug test based on your observations. 8. If drug and/or alcohol use is denied, ask the employee if there are any explanations for the observed If they get defensive don’t become defensive yourself—stay focused on the facts. Be composed, calm, and non-threatening. Know what you will say (based on policy) if the employee refuses to be tested. 9. Have employee transported to testing facility. 10. Collect any and all evidence that might be useful for documentation. Evidence may need to be turned over to the police. Identify any witnesses and take statements from them. Complete a detailed written report; including the employee’s responses and explanations. 11. Forward your report, along with any other statements or lists of seized items to HR, or the police if applicable. 12. With HR, take appropriate actions based on the outcome of the drug and/or alcohol test. Being on the front lines, you, the supervisor, must be ready to handle reasonable suspicion cases. Not taking action may put the employee, their co-workers, citizens, and property at risk. By taking action you may save the life of an employee.