“Reasonable Suspicion” for DOT regulated testing refers to the employers’ determination that reasonable suspicion exists that a safety-sensitive employee may have broken a substance abuse prohibition. The decision to test must be based on specific, timely and describable observations of appearance, behavior, speech and/or body odor. One or more of the referring supervisors/managers must be trained in the detection of the misuse of alcohol and the use of controlled substances.

“Reasonable Suspicion” for non-DOT regulated testing refers to the employers’ judgment that an employee has violated the State’s Alcohol and Other Drug Free Workplace Policy. This judgment should be made as a result of an employee’s behavior, appearance, speech, body odor and/or job performance that is observed by a supervisor/manager or reported by a reliable individual and verified. The decision to test must be based on specific, timely and describable observations of physical, behavioral or performance indicators. These indicators include but are not limited to:

i. An on-the-job incident, such as a medical emergency, that is likely to be attributable to illegal drug use by an employee;

ii. Observation of behavior exhibited by an employee that might render the employee unable to perform his/her job or that might pose a threat to the safety or health of the employee, fellow employees, or the general public;

iii. Verifiable information that an employee may be illegally using drugs or under the influence of illegal drugs or alcohol;

iv. Physical on-the-job evidence of drug use by an employee;

v. Documented deterioration in an employee’s job performance that is likely to be attributable to drug use by the employee;

vi. The results of other scientific test(s) that may tend to indicate possible use of drugs or alcohol; or

vii. Any other specific, timely and describable action that would give an Appointing Authority reason to suspect that an employee may have broken a substance abuse prohibition.

Posted in: Drug and Alcohol Testing Definitions

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