Model Plan for a Comprehensive Drug-Free Workplace Program

X.  Reasonable Suspicion Testing
 

A. Grounds

 Reasonable suspicion testing may be based upon, among other things:

   1. Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug;

   2. A pattern of abnormal conduct or erratic behavior;

   3. Arrest or conviction for a drug-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking;

   4. Information provided either by reliable and credible sources or independently corroborated; or

   5. Newly discovered evidence that the employee has tampered with a previous drug test.

B. Procedures

 If an employee is suspected of using illegal drugs, the appropriate supervisor will gather all information, facts, and circumstances leading to and supporting this suspicion.  [Agencies should insert a higher-level approval requirement that is consistent with their organizational structure.  In some agencies, this may be the next level supervisor or a higher-level individual above the supervisor making the finding that a reasonable suspicion of illegal drug use exists.]

 When higher-level concurrence of a reasonable suspicion determination has been made, the appropriate supervisor will promptly prepare a written report detailing the circumstances which formed the basis to warrant the testing.  This report should include the appropriate dates and times of reported drug related incidents, reliable/credible sources of information, rationale leading to the test, and the action taken.

C. Obtaining the Sample

 The employee may be asked to provide the urine sample under observation in accordance with the criteria in Section XIII(B).

D. Supervisory Training

 In accordance with Section IV, supervisors will be trained to address illegal drug use by employees, to recognize facts that give rise to a reasonable suspicion, and to document facts and circumstances to support a finding of reasonable suspicion.  Failure to receive such training, however, shall not invalidate otherwise proper reasonable suspicion testing.

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