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.

#2 of 43 Signs and Symptoms for Reasonable Suspicion Training: Difficulty Maintaining Balance

Employees who are "drunk" may appear to have difficulty balancing. This symptom brings to mind the classic stumbling over a chair or when the drunk person stands up, they begin to keel over and everyone reaches to prevent their falling. Snatching the car keys comes next, hopefully. 

Don't be fooled however. Employees who are alcoholic at an office party on New Year's Eve usually will not have any trouble balancing even if they have been drinking all night. In fact, they may be able to drink more than most other employees at the party. Those employees who are losing their balance at a party following heavy drinking are mostly likely not alcoholic, but of course you can't make this diagnosis. The lack of imbalance after heavy drinking is of course explained by drug tolerance. 

The employee's ability to drink and not signs or symptoms can be an adaptive stage of the illness or proof that the body has grown accustomed to the presence of alcohol in the nervous system which no longer cause nerves cells to be anesthetized. 

This is a dangerous sign or symptom of reasonable suspicion, but its absence requires the supervisor to be on guard. You simply are not going to see all the classic signs and symptoms of intoxication that your read or near about. 

Take a look at this chart, and click on it to enlarge it for the following discussion.

Look how alcoholic employees perform. Do you see the pattern that is being described? Employees with severe alcoholism may also be your most valuable workers. May CEOs of companies are alcoholics just like there a many janitors who are also alcoholic. Tolerance is key to explaining why some employee do not lose their balance after drinking heavily.

Some employees you see at social functions my feel less inhibited about drinking heavily at say a holiday party, and over-drinking at such events will cause social drinkers, alcoholics, and alcohol abusers to over-drink to the point of intoxication. This is also a good reason to limit drinking at holiday parties or forego alcohol altogether because of the liability involved in alcohol-related incidents.

Since we are talking about DOT Reasonable Suspicion Training, be sure to write notes about what you see when an employee is losing their balance after drinking.  Record what, when, and the circumstances involved.

Reasoanable Suspicion Training: Free Training Advice Worth Heeding

Here is free advice worth heeding. Go beyond the DOT requirement for drug educaiton and discuss enabling. You will be surprised, how, when it occurs, and what industries are most effected by alcohol and drug problems. Enabling in the workplace is a serious problem. With reasonable suspicion training, you must make DOT supervisors aware of how enabling takes place so they do not fall prey to its many routes of manifestation. Enabling happens in the following ways and will be seen in the following types of industries where high value is placed on social activity with frequent use of alcohol, alcohol use at lunch, etc. (i.e.,lawyers are more likely to drink at lunch  than school teachers. High male demographic work groups with strong social ties consume more alcohol.)  You will therefore see more alcohol in these professions. It has nothing to do with the profession, but the exposure to beverage ethanol consumption. Official rest breaks that allow for alcohol use are found in beer breweries. They therefore have more alcoholism. Industries characterized by frequent opportunity to use alcohol (or drugs.) For example, organizations with higher rates of business travel, sales travel, evening work shifts with after-hours socializing with alcohol; isolated employees without direct  supervision (i.e., non-office-like environments); exposure to served alcoholic beverages (airlines, hotel, restaurants); accessibility to addictive drugs - pharmaceutical, medical, and nursing occupations. Self-employed persons. (Frequent opportunity to tax susceptibility exists when self-employed, and many alcoholics will become self-employed as a result of alcoholic drinking at work.) Finally, if an alcohol/drug policy lacks effectiveness or fear exists that a zero tolerance policy will not permit treatment, then risk to the organization will increase and enabling will ensue.

Preview our DOT Reasonable Suspicion Training Course to Meet the Two Hour Supervisor Training Mandate