Drugs and Alcohol in the Workplace: When to Test?

Have you ever had a situation where you’ve observed an employee stumbling or weaving as they walk, or perhaps slurring their words, and wonder if the employee may be inebriated? In situations such as these, you may consider sending the employee for a drug and alcohol test based on your reasonable suspicion that the employee is under the influence.  Hence the term “Reasonable Suspicion Testing.”

If you do make such observations, that alone is not enough to send the employee for a drug and alcohol test. Before sending an employee for a reasonable suspicion test, a supervisor or manager (ideally more than one) trained in Reasonable Suspicion should conduct a face-to-face interview with the employee to look for clear, contemporaneous, observable signs that the employee may be under the influence.

There are a few things to consider when deciding whether to send an employee for such testing.

There Must be Clear, Observable Signs

This means that observations must be specific. Observations such as an employee “acting weird” or “seeming intoxicated” are not sufficient to send an employee for a reasonable suspicion test. Instead ask yourself how the employee is acting “weird” or seems intoxicated. This may be slurred words, bloodshot eyes, the odor of alcohol on the employee’s breath, twitching, or other signs. You should be able to articulate these signs and document what you are observing during the face-to-face interview.

It Must be Happening Right Now

When you hear about reasonable suspicion testing, you may hear the word “contemporaneous.” This means that you observed the signs in present time, not based on an incident from a prior date. If you observed behavior such as twitching or slurred words last week or received a report of such from the previous week, you cannot send an employee for a reasonable suspicion test even if you believe there were enough signs to justify a test. The behavior must be happening contemporaneously, meaning right now or immediately around the time of the work shift in question.

This also applies to the window of time you have to send an employee for a reasonable suspicion test. The employee must be sent for a test as soon as possible on the same day the signs are observed, ideally while they are still on their work shift. Sometimes, when employers suspect that an employee is under the influence of a substance, they send the employee home. Once the employee has been released from duty and left work, they can no longer be tested for drugs or alcohol under reasonable suspicion.  Sending the employee home when you have reason to believe they’re impaired also raises serious safety concerns if the employee intends to drive themselves home.

Don’t be Afraid to Test

A reasonable suspicion test is not an accusation that an employee is taking drugs or drinking alcohol. Instead, a reasonable suspicion test is a tool that either confirms or rules out the possibility of drugs or alcohol contributing to their conduct at work. There may be instances when you have a conversation with the employee about reasonable suspicion, and the employee states that what you observe is due to sleep deprivation or prescription medication, which could be true. If an employee is sleep deprived and has nothing to hide, then the test will show that.

If they are taking prescription medication, it is possible that the substance could show up on a test result. However, medical review officers (MRO), which are typically doctors, review results before reporting the result to you. If there is a positive result, the MRO will call the employee to get additional information on why the result came back positive, such as confirming whether there is a valid prescription that could explain the finding. If there is a satisfactory reason for the result, the MRO will report a “verified negative” test result to you. For example, if an employee tests positive for Opioids, and the MRO discovers that the employee has an opioid prescription and is following the prescription, then the MRO will report the test result as a “verified negative.” If there is no satisfactory reason, such as the employee has no prescription and was taking drugs illegally, then the MRO will report a “verified positive.”  

Therefore, even if an employee provides you with an explanation, don’t be afraid to send an employee for a reasonable suspicion test if you observe signs of intoxication. If the test comes back negative, then great – you’ve ruled out a drug and alcohol policy violation. If the test comes back positive, then you know there was a policy violation.

Safety First

Remember, an employee’s safety always comes first. There are situations where an employee might appear to be impaired or intoxicated, yet the employee is experiencing a medical event. For example, the odor of alcohol or extreme confusion could indicate that there is a serious medical emergency. Medical events can also occur as a result of drug and/or alcohol use. If an employee could be in need of emergency services, such as unconsciousness or seizures, you should always prioritize the employee’s safety and seek medical assistance regardless if you believe it is caused by drugs or alcohol. If the employee’s condition requires them to be transported away from the workplace to receive emergency treatment, then you generally may not require the employee to undergo a reasonable suspicion test.

For more information on reasonable suspicion testing, please visit our FAQs and Cascade HR Library. You can also contact us at compliance@cascadeemployers.com with any questions.