Reasonable Suspicion Drug Testing Explained: What Employers and Employees Need to Know
What do you do if your restaurant's sous chef has been making some serious blunders while preparing your high-end French dishes, and you suspect drug use? Do you just let it go and risk the ire of your paying customers, or do you take a stand as a chic cuisine restaurant owner?
A reasonable suspicion drug test gives you a course of action. It's targeted, based on observable signs, and it can be a vital part of your workplace safety program. Find out whether drug or alcohol use is happening in your establishment, so you can ensure a healthy workplace and optimal performance.
Understanding how reasonable suspicion testing works is vital for a healthy workplace. This is especially true for a restaurant serving food to the public. It helps ensure that testing is conducted fairly, consistently, and in compliance with workplace policies and applicable regulations.
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What Is Reasonable Suspicion Drug Testing?
A manager might request a reasonable suspicion drug test because they observe specific signs, behaviors, or circumstances that create a reasonable basis for testing. The person can't just seem stoned or drunk. A trained supervisor or company official must observe the employee carefully and write down details. They can't just guess or act on workplace rumors.
Don't rely on assumptions or personal opinions. If you suspect impairment, observe and document appearance, speech, behavior, and performance. This procedure should be part of your workplace drug and alcohol policy. It can help maintain safety and protect your business if an employee under the influence is a liability risk.
What Counts as Reasonable Suspicion?
Look for these telltale signs and write everything down before you make any major decisions.
Behavioral
Does your employee display unusual aggression towards other workers, supervisors, or customers? Do they seem confused when doing their normal, daily tasks? Have you seen them take erratic actions, or do they experience sudden mood swings?
Physical
Physical signs are easy to see. The employee may have bloodshot eyes, unsteady movements, slurred speech, or the smell of alcohol or drugs on their breath. These are the easiest signs to interpret.
Performance
Has the quality of their work gone downhill? Do they lose their concentration frequently at work? If the person works with heavy or expensive equipment and engages in dangerous behavior on the job, this could be not only a safety risk to themselves and their co-workers; it might also be expensive if they damage company property.
Negative Routines
If there are repeated incidents over time, such as regular lateness, steady rudeness to customers, or just plain sloppy work, this could combine with other warning signs to paint a pretty clear picture.
Any of these issues may strengthen the case for testing. But you must observe and document these signs in an organized way, so you don't run into legal issues down the road. Be specific and consistent.
How the Process Works
During reasonable suspicion testing, managers must follow a consistent and structured process that's fair and compliant. Let's look at our sous chef again. This team member works directly under the head chef. They're responsible for managing daily operations, supervising and training staff, and ensuring food quality.
At this upscale French restaurant, a cook noticed a few times that he seemed unfocused and wasn't properly checking dishes before sending them to customers in the dining room. He also snapped at his staff when they asked questions. She shared her concerns with the head chef, who began observing and documenting concerning incidents.
After the head chef noted several telltale signs of alcohol abuse (including smelling it on his breath regularly), he asked the restaurant manager to confirm his observations. This step was taken to reduce possible bias.
The manager also observed and documented several episodes, and it was agreed upon by management that the sous chef should be moved to a less critical role of prep cook, and they informed him that they needed to run a drug and alcohol test. They decided to conduct the test as soon as possible, following standard procedures in their employee manual.
Because of the sensitive nature of kitchen staff responsibilities, the sous chef is placed on leave while the restaurant waits for the test results.
Why Training Matters
Supervisor training is the linchpin of a reasonable suspicion program. Was the sous chef drinking before he came to work, or is he bleary-eyed because he's tired or stressed out? Maybe he has a medical condition or is taking medication that makes him drowsy.
Training helps supervisors recognize the signs of alcohol or drug use and document observations objectively. Knowing what to do and what not to do helps them comply with company policy consistently and avoid discriminatory or subjective decisions.
Well-trained supervisors are fair and compliant.
Legal and Compliance Considerations
Reasonable suspicion testing must follow company policy and local/federal laws. Do you have a company handbook for your supervisors? In it, clearly define what reasonable suspicion is, who makes testing decisions, how to document observations, what steps to take, and how to follow up.
For industries like aviation or interstate rail, federal regulations may also apply. Depending on the sector, there may be specific requirements for supervisor training and documentation.
Common Mistakes to Avoid
It doesn't matter if you have a great testing program and fancy corporate handbook. You can still fail if you don't implement the program properly. Watch for common pitfalls like relying on vague or undocumented observations or putting off testing, even after obvious signs. Don't let untrained supervisors make important company decisions.
Inconsistency can derail your entire plan. You must apply the same rules to different situations and all your employees. Otherwise, you can kill morale and invite legal challenges.
Prevent these issues with a clear testing policy. Give your leaders the right training. And show them in writing how to prepare thorough documentation.
Reasonable Suspicion vs. Other Types of Drug Testing
Reasonable suspicion testing is just one piece of your drug-free workplace program pie. Your healthy, safe workplace starts with pre-employment testing, which happens before you bring any candidate onto the team. Random testing is sprung periodically on your workers when they least expect it, so you can catch new substance abuse issues or long-term problems. Reasonable suspicion testing is triggered by a real-time event (or a series of events).
It is also different from post-accident testing. However, the two may overlap in certain situations. For example, you may suspect that a kitchen fire was caused by the inebriated sous chef because he seemed to not realize the seriousness of the situation. Reasonable suspicion is based on observable signs of impairment at the time.
Understand these differences so you choose the right type of testing at the right time.
Keeping Your Workplace Productive and Safe
Reasonable suspicion drug testing is a proactive move. You've just prevented an otherwise exquisite Crème Brûlée that accidentally contained a tablespoon of salt from reaching a diner's table. At the same time, you handled the situation fairly and avoided a potential lawsuit. When you rely on documented evidence rather than rumors or assumptions, you create a trusting work environment. This fair approach addresses potential impairment before it gets out of hand.
Frequently Asked Questions
Who can authorize reasonable suspicion testing?
In most situations, a trained supervisor or manager must identify signs and start the testing process. This often occurs after another supervisor confirms their findings. Don't rely on untrained co-workers who may have personal grudges. Find someone neutral and objective.
Do employees have to agree to the test?
Depending on the company, a worker might have to agree to a test. However, if someone refuses a test, that's usually considered a violation of their workplace policy. What do you do if this happens? Your policy should clearly outline this, including any disciplinary action.
How quickly should testing occur?
As soon as you can after you observe the behavior. This ensures that the test is accurate and reliable.
Is reasonable suspicion testing legal?
Yes. It is perfectly legal to conduct a reasonable suspicion test. However, it must comply with company policy and your local, state, and federal laws. Many workplaces do this. It's all about safety!
