Why You Should Have a Reasonable Suspicion Plan in Place

By Employers Council Staff posted 30 days ago

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When developing your risk mitigation strategy and drug testing policy, include these two essential components: a formal reasonable suspicion policy, also known as for-cause drug testing, in your employee handbook or as a standalone document; an operational guide for frontline supervisors and HR team members.

Many organizations overlook the operational side of training supervisors for reasonable suspicion due to its infrequent nature and competing priorities. According to Quest Diagnostics, only 0.6% of drug tests in the general U.S. workforce are conducted for reasonable suspicion. However, these tests tend to yield higher rates of positive results for drug and alcohol use due to their correlation with observable behaviors.

It may be helpful to compare reasonable suspicion plans with emergency building evacuation plans—they may be rarely needed but they’re also critical to have in place. When unplanned situations arise, they often catch organizations off guard. Having a plan in place provides confidence and peace of mind for both supervisors and HR professionals.

Consider these key pro-active steps to prepare your organization for effectively handling cases of reasonable suspicion:

1. Identify a Testing Facility in Advance
Choose a facility that operates during your business hours and offers after-hours support where needed. Confirm whether they provide breathalyzer alcohol testing and the types of drug tests available. Alcohol testing has a narrow testing window, typically within two hours of observable behavior, while drug testing may extend up to eight hours, depending on industry regulations.

2. Select Appropriate Testing Methods
While oral swabs tests are gaining popularity, we recommend urine analysis for reasonable suspicion due to potentially higher reliability. If you're regulated under DOT, urine testing may be required.

3. Establish a Transportation or Mobile Testing Plan
Employees under suspicion should not leave the premises, drive, or operate machinery before testing. Assign a supervisor or designated employer representative to provide transportation or contract with a mobile testing provider. Be sure to request pricing details in advance, as additional fees may apply for mobile testing.

4. Designate Trained Personnel
Assign individuals who will be responsible for observation, documentation, and coordination across all business hours or shifts. Provide training, such as our Reasonable Suspicion On-Demand Training and easy access to necessary resources, including your testing facility’s contact information. Designate backup personnel, when possible.

5. Finalize Your Policy
Our employment law attorneys can assist in drafting or updating your drug testing policy to include reasonable suspicion procedures.

Having a strategy in place ensures preparedness and the flexibility to respond effectively when unexpected situations arise. Employers Council attorneys are available to support you with decisions related to positive test results, accommodation requests, and policy drafting or revisions. Additionally, our Pre-Employment Screening Services offer a range of drug testing options to help reduce reasonable suspicion incidents by proactively screening your workforce during the hiring process. Contact us for assistance with your practices.