Last updated : November 11, 2024
Reasonable suspicion drug testing is crucial towards maintaining a high level of workplace and occupational safety for employees and the general public. Especially with marijuana legalization sweeping the nation. (Although, here in Denver, we’ve been dealing with it since 2014.)
Also known as the “for cause drug testing,” it is one of the five drug tests (alongside pre-employment, post-accident, return-to-duty and random drug testing) that employers can perform on employees to enforce a drug-free workplace and help ensure workplace safety. Similar to other drug tests, reasonable suspicion drug testing is primarily designed to deter employees from consuming prohibited substances that could impair their ability their job safely and efficiently. For this reason alone it is  important that both employers and workers fully understand how reasonable suspicion drug testing works.
When is reasonable suspicion drug testing appropriate?
Marijuana is legal in Denver, however, that does not prevent employers from conducting drug testing. Drug tests should never be conducted based on guesswork or a gut feeling though. Instead, reasonable suspicion tests should only be performed on employees who demonstrate clear signs of physical and verbal impairments, which include, but are not limited to:
- Radical change in behavior
- Slurred speech
- Lack of physical coordination
- Inability to focus
- Constricted or dilated pupils
- Excessive sweating
- State of unconsciousness (sleeping)
- Trembling or shaking uncontrollably
These symptoms must be observed by a designated workplace drug testing supervisor or human resource personnel. For companies in the transportation industry, designated supervisors must have attended a compulsory supervisor training program. Ideally, the incident should be witnessed by at least two people because the presence of a second witness to corroborate any observations is an important deterrent against abuse or victimization claims of employees.
In addition, credible reports from co-workers about drug usage or possession are also considered reasonable grounds to conduct tests. It is important that the co-worker’s report is consistent as well as detailed.
How to perform reasonable suspicion drug testing
The first step is to document all observable instances of impairments by an employee. The record should note, in detail, the time and manner of the observations. Not only is this documentation compulsory for companies in the transportation industry (as stipulated by DOT), it is also exceptionally crucial for any future legal challenges or arbitration.
After being recorded, the affected employee should be immediately removed from the work area to eliminate any safety risk. Then a representative from the human resource department (or equivalent) and the designated drug testing supervisor must inform the employee of their concerns and observations, and the decision to perform a test.
Drug testing is not compulsory, so an employee may decline to provide a specimen for testing. However, most companies’ drug policies typically have provisions which stipulate that refusal to submit to drug testing can lead to disciplinary actions such as suspension or even termination. Although such clauses have been challenged numerous times in courts throughout the country from as early as 1992 (Casados v. City and County of Denver), judges have, in most instances, sided with companies which have outlined reasonable suspicion testing in their drug testing policies.
Time is of the essence
After the employee has been notified, the supervisor or human resource personnel must immediately make arrangements for testing. While we will come to your location anywhere throughout Denver, 24/7, to conduct a drug test, most traditional labs will not. In that case, transportation to the testing center should also be arranged, as it is illegal to drive while under the influence of drugs, and it’s extremely dangerous as well. It’s advisable that the company have a method of transportation in place prior to it being needed so that time is not wasted deciding who should be called on to transport the individual to the testing facility.
Drug testing must be performed as soon as possible because the effective detection window varies based on the type of drug and the method of testing. For safety-sensitive workers from the transportation industry, per Department of Transportation regulations, the test must be conducted within 2 hours for alcohol, and 8 hours for drugs.
Depending on the result of the test, an employee may be subjected to disciplinary actions. For this reason, it’s important that employees fully understand your drug testing policy. It’s equally important that employers communicate any changes to the policy.
