In certain safety sensitive industries, such as aviation and other transportation industries including trucking, periodic tests or ‘random tests’ may be required by law, quarterly. These random tests are truly randomized; a software component must be utilized so that the random generation of a test candidate is effectuated. A single employee might be randomly tested several times during the year, since the random generator might strike on someone’s name more than once per year and individuals should not feel singled out by this random selection.

 

A reasonable suspicion drug test differs in many ways. Reasonable suspicion testing is done under the premise that an employee has been observed as behaving under the influence. Since the revision of the Americans with Disabilities Act (Amended) ADAAA, there can be several medical reasons why an employee may be perceived as being under the influence, when they actually are not. For example, an employee who is observed as sleepy on the job might be narcoleptic and be protected under the ADAAA, with the request of a reasonable accommodation including a shift change or different work hours. An employee who has difficulty concentrating might have a life limiting mental condition, such as a qualified learning disability, which affects his or her memory and could be protected under ADAAA. It is wise to involve your HR or legal department early on when there is a suspicion of drug or alcohol use on the job to ensure that a self-disclosed documented medical reason isn’t already on file.

 

All reasonable suspicion testing should be approached with caution. I advise my clients to utilize a reasonable suspicion checklist, and ensure that more than one manager makes observations utilizing the form. Once completed if two managers concur, testing can be initiated.

 

On our website, is a downloadable version of a widely accepted evaluation form. gerprints.com website, there The observation form includes review prompts such as: is the employee “stumbling or staggering”, are their eyes “bloodshot or glassy”, do they smell of “alcohol, marijuana or breath mints”, do they appear “jittery or sweating”, is their speech “slurred, incoherent or rambling”, among others.

 

When there is reasonable suspicion that an employee at work is unfit for duty, the supervisor or manager observing the behavior should immediately document it, as well as obtain verification from another manager. Remember, the employee could be adjusting to a new medication or having a reaction; they could be suffering from low blood sugar due to a medical condition, or having a legitimate medical crisis that is undiagnosed. Approach every case with its own merits and with the utmost dignity for the employee involved. A high degree of professionalism and respect for those involved can go a long way to keep yourself and your company out of the courtroom later.

 

A1A Fingerprints provides Drug Free Workplace Policies and guidance, which can result in substantial insurance savings for workers’ compensation premiums. Employers save 5% by law on annual premiums, which can result in thousands of dollars of savings each year.