Documenting Reasonable Suspicion of Substance Use in the Workplace

As a manager, knowing the steps to take to properly document situations such as the reasonable suspicion of substance use is of paramount importance. This documentation, along with the results of drug and alcohol testing, provide the basis for potential serious employment action in accordance with company policy.  The resulting steps may include but are not limited to the following referral programs: Employee Assistance Program (EAP), medical and/or substance use evaluation and treatment, or other appropriate resources in the area.

It is imperative that supervisors and managers are trained in the details of the company drug-free workplace policy, the procedures for addressing violations of the policy, and identifying the signs and symptoms of substance use.  The documentation should be as complete as possible including all the details of the circumstances and observations.

Here are some examples of signs of substance use or misuse to document:

Observe the employee’s appearance and behavior

• Does the employee appear drowsy, nervous or uncoordinated?
• Is the employee staggering?
• Does the employee have an unusual odor?
• Has employee’s appearance become unkempt?
• Has the employee’s personal hygiene been reduced?
• Are the employee’s eyes bloodshot?
• Is the employee being disruptive?
• Is the employee’s speech slurred or incoherent?
• Is the employee having excessive conflict with other employees?
• Are the employee’s pupils dilated or constricted?

Evaluating the necessity for reasonable suspicion testing

• Has the employee made repeated errors in spite of increased guidance? 
• Has the employee had a significant increase in errors?
• Has the quality or quantity of the employee’s work been inconsistent?
• Has the employee been intentionally avoiding supervisors?
• Has the employee been the subject of complaints by other employees?
• Has the employee interfered with or ignored established procedures?

Following the documentation of the observations, the managers should meet with the employee to share the observed behavior and the resulting course of action including referral for drug and alcohol testing to rule out the possibility of a violation of the company’s drug-free workplace policy.  Referral for drug testing allows the employee the benefit that the managers have not jumped to a conclusion. A manager should escort the employee to the testing location and then home.  The employee should not return to work until the drug and alcohol testing results have been returned and the employer has responded to the employee about those results. If there are any questions or uncertain circumstances that arise, the employer should always seek legal guidance.

Are there additional considerations that you would document? If so, what are they?

What employment action would your company take if an employee was confirmed to have been unfit for duty due to drugs and/or alcohol?