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.

Train your DOT Supervisors here.

Reasonable Suspicion Training Myths for Supervisors: The Myth of the "Contact High"

"Man, I didn't smoke anything! It must have been a "contact high" because I was nearby!!" - You will hear this excuse someday after sitting through your DOT Supervisor Training class on Alcohol and Drug Education. You will feel confused and say, "wow, now what?" Here's what you need to know: In drug testing results, there is no such thing as a contact high. The reason is quite simple. It has to do with "Cutoff Level" also known as "Cutoff Concentration."  These terms refer the amount of a substance detectable in the urine or the bloodstream sample. Certain levels of concentration are decide upon, and if that threshold is not reached, the test is negative. The amount or the level of a substance in the body fluid that will trigger a positive test is measured in nanograms (That is one billionth of a gram!) per milliliter of urine. If an employee gives a sample and the concentration of the drug's metabiolite is greater than the decide up on level that indicates the person used, then a positive test is signaled. Anything lower is considered negative. "Contact highs" aren't measurable or at least will not reach the threshold! So an employee who tells you they were i in the wrong place at the wrong time is simply, well, "blowin' smoke" for lack of a better way to say it.

Hey, Where Are All the Wierd Drugs in the Workplace--Like Bromo Dragon Fly or Devil's Breath?

When you are instructed in reasonable suspicion training, do not get caught up in all the information and hype about what are the worst drugs in the workplace. Drugs like Salvia, Bath Salts, Spice/K2, Ketamine, Devil's Breath, Benzo Fury, Dipt, Bromo Dragon Fly, etc. etc. You can visit YouTube to learn about these substances, but you are never, ever going to see them in the workplace. You will however see absenteeism. That you can document. And that you can refer for! Drug abuse signs and symptoms? Forget it, you ain't going to see them. But if your organization has a decent EAP not run by a managed care company (which by the way totally screwed up the EAP field and decimated it by 50% of the programs in 20 years, and I maintain that mass shootings are a direct result with the shooters not referred for help but were known troubled employees in companies that had no EAP or a terrible one-- i.e., the Orlando Shooter should have been referred to an EAP by the employer for outrageous behavior) then you will get these weird drug users into treatment. DOT Supervisors used to be told to avoid looking for drug abuse signs and symptoms, and tons of addicts were referred to treatment because of performance issues. Stick to this model and enjoy the drug and alcohol training in the signs and symptoms education. It's entertaining, but that is about it.  The the field went bonkers, and we started telling supervisors to look for signs and symptoms. It hasn't worked, as predicted but the real pros in this field. But since we are here, and now teaching signs and symptoms, remember this: Do not be fooled into thinking that if you do not see signs and symptoms of drug abuse in the workplace that they are not there.

HEROIN: Drug and Alcohol Training for Supervisors in Reasonable Suspicion

Heroin addicts are a fascinating group of employees. While still employed, they can be the most convincing, well dressed, hardest working, and loyal workers on your payroll. There is just one problem, they are a runaway train. Heroin users frequently mess up their use which cause them to be absent from work without notice. And if they are not absent from work, they frequently have employees who will cover up their drug use and consequences because they do not want to see the employee fired. So the most amazing part of the heroin addicted employee is 1) complete and sudden absenteeism without phoning in  or prior notification, possibly gone for 2-3 days, and 2) lying like hell, convincingly to explain the absenteeism. There is a third thing -- missing items, materials, or tools that can be sold for money to buy more heroin. Heroin addicts are extremely difficult to treat because they believe a heroin habit if properly managed will not affect the social  or occupational well-being. Their supplier of the drug is person with whom they have the closest relationship.
As a DOT Supervisor, you will be completely stumped when this employee ends up in treatment or failing to follow through after working with you for 25 years.

Don't Get "Tripped Up" as a DOT Supervisor

Someday you are going to confront an employee who has alcohol on his or her breath. You will use this as evidence that the employee may be under the influence. No problem, until the employee tells you rather convincingly, that he or she is entering an alcoholism treatment program today, and the treatment program told the employee not to stop drinking because the withdrawal will make it more difficult for them to do a proper detox. Guess what. This is exactly what treatment programs do. And it is perfectly medically valid. So you may say, whew, wipe your brow, and decide that there is no need to make a big stink out of the alcohol on the employee’s breath. There is only one catch. A treatment program would never say to continue going to work drinking, and even if it did, it makes no difference. Send the employee to testing. Never assume an alcohol or drug problem is properly treated simply because the employee reports having quit is entering treatment. There is a difference between self-imposed abstinence and understanding how to manage addictive disease properly using an applied daily program of recovery recommended by addiction specialists. DOT Supervisor Training often comes up short on explaining these small nuances, but now you know! And it is difficult to include every small nuance in reasonable suspicion training, but this is one I thought you might find interesting

Alcohol and Drug Training is Useless Without Enabling Education (But DOT Training Does Not Require It!)

Alcohol and drug training education of the enabling pattern for reasonable suspicion training free dot materials

Alcohol and drug training must include enabling education so the dot supervisor interrupts this limiting pattern of behavior. Enabling training and awareness is therefore a must in alcohol and drug training for supervisors. This represents the first line of attack on the ignorance about addictive disease. Enabling at work is behavior exhibited by coworkers or supervisors that helps the addict not realize or face the consequences of his or her problem behavior resulting directly or indirectly from the alcohol or drug use.  Enabling typically appears as the "right" thing to do in response to the problem behavior but helps the alcoholic or addict escape responsibility for actions or problematic events.  DOT Supervisors are particularly vulnerable to practicing enabling behaviors, and the difficulty increases with the amount of time in the relationship between supervisors and supervised employee. Alcohol and drug training is almost useless without the education associated codependency, enabling, and manipulation. The ability of the addict to deny, rationalize, externalize, and minimize problems while having others accept excuses and explanations helps the addict get sicker. This image below offers free dot materials to help you grasp this concept better. It is a good image to study and will help you understand the enabling pattern we are talking about.

Alcohol and Drug Training Education of the Supervisor Enabling Pattern: