Should Employers Fear Employees When Confronting Them Under Reasonable Suspicion?

Should Employers Fear Employees When Confronting Them Under Reasonable Suspicion?
A Guide to Properly Documenting Reasonable Suspicion

Supervisors are responsible for ensuring employees perform the tasks assigned to them safely. This means confronting employees who are suspected of intoxication from or the aftereffects of drugs or alcohol while on the job. Reasonable suspicion training can help supervisors perform this task when necessary.

More than 26 percent of employed adults are dealing with their substance abuse or addiction or that of a close family member. Of those, 42 percent reported the abuse or addiction issues affected their workplace productivity. Diminished job performance is just the tip of the iceberg. Other problems can include:

•             Chronic absenteeism

•             Frequent tardiness

•             High turnover

•             Increased worker’s compensation and medical bills

•             Elevated potential for workplace violence

Signs of Substance Abuse

Four of the most commonly abused substances are alcohol, marijuana, cocaine, and prescription drugs. A reasonable suspicion training protocol should educate supervisors on how to spot employees who may be under the influence of one of these substances.

Some individuals can become quite skilled at hiding their addiction from coworkers and employers, but there are subtle signs that can help identify a problem. A reasonable suspicion training program can help supervisors and other managers learn the signs. Behavior patterns for employees who are abusing drugs and alcohol will differ from their coworkers. They may avoid coworkers or actively blame them for issues they are having or mistakes they are making on the job. Other indicators can include:

•             Openly discussing financial issues

•             Neglecting personal hygiene

•             Changes in mood that include withdrawing from others, acting irrational or paranoid, and exhibiting a short temper

•             Changes in behavior, including acting inappropriately

•             Excessive need for “breaks” to the employee restroom, parking lot, or break area

•             Falling asleep on the job

•             Lacking in motivation

•             Lapsing memory or ability to concentrate

Following Protocol Under Reasonable Suspicion Training

Supervisors often are the first line of defense against substance abuse in the workplace. It can be difficult to approach an employee under reasonable suspicion. Addiction can cause people to behave in unpredictable ways. Some employees may make excuses or try to manipulate supervisors to get out of the situation. In some rare instances, employees may become violent when their addiction is brought to light. There are several steps employers can take to ensure their safety and well-being and that of other employees while confronting substance abuse on the job.

1. Understand Company Policy

Ensure the company has a written drug and alcohol testing policy that includes guidance for cases of reasonable suspicion. This protects the employee and the employer. It also is imperative that all supervisors and managers receive reasonable suspicion training.

2. Collect Documentation

If an employee is suspected of substance abuse on the job, document evidence to support the claim before approaching under reasonable suspicion. Documentation includes complaints or concerns from coworkers and patterns of behavior such as excessive tardiness or extreme changes in behavior or mood.

3. Observe Reported Behaviors

At least two managers/supervisors should observe and confirm any reported behaviors and document them in detail. Reference any unusual behaviors or warning signs of substance abuse. If an employee is observed behaving in such a way that would jeopardize their safety or that of their coworkers, they should immediately be removed from the work area.

4. Discuss Concerns

Once the employee in question is observed by at least two members of management and all behavior thoroughly documented should the employer request a meeting with the employee to discuss the findings. Be sure to follow company protocol during the meeting. It is advisable to have at least two members of management present in the meeting. While rare, it is important to be prepared to call 911 or company security personnel if an employee reacts in a threatening manner. Some triggers may cause an employee to become violent:

•             They feel they are in an unfair situation.

•             They feel circumstances are out of their control.

•             They feel personally attacked.

All three of these common triggers can happen if the employee feels cornered during the discussion. It is important to present findings calmly and ensure the employee understands everything that is being discussed and required of them moving forward. Reasonable suspicion training should provide guidance on employee meetings to discuss suspected substance abuse issues. 

5. Administer Testing

Drug and alcohol testing is a legal issue. If company policy permits, send the employee for drug testing to confirm or rule out suspicions about substance abuse. Provide transportation for the employee to the testing facility and home following the testing. If the employee refuses to test, follow company protocol that outlines how such situations should be handled. That may include a suspension or immediate termination.

6. Follow Up on Results

If drug testing is completed and it produces a positive result, company protocol should be followed. This may involve sending the employee for substance abuse treatment or termination.

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