When Reasonable Suspicion Suggests Drug and Alcohol Testing is needed

 pre screening, breathalyser calibration

There is a term called Reasonable Suspicion drug and alcohol testing.  Also referred to as For Cause or Reasonable Belief, these terms refer to a situation where substance testing is done based on a belief that an employee currently is using or has been using alcohol and/or drugs in violation of company policies. The belief forms as a result of a series of observations of employee behaviours on the job leading to the employer making inferences based on those observations.

The Reasonable Suspicion concept is different from random drug testing. Random drug testing involves testing designated groups of employees based on a random schedule with the goal of identifying alcohol and drug use in the workplace. Reasonable Suspicion testing, on the other hand, is based on observed worker characteristics that would lead a reasonable person to conclude there may be alcohol or drug induced impairment.

What constitutes Reasonable Suspicion is a thorny question because there is always an element of vagueness or a degree of latitude in deciding if a person should be alcohol and drug tested.  False accusations can create a lot of distrust of the employer in the future or lead to charges of harassment. That is why the supervisor must be very careful about identifying and documenting Reasonable Suspicion due to behaviours or appearance that is based on:

·                 Physical condition

·                 Unusual behaviour

·                 Mental alertness

Unfortunately it is still not a simple task because people may perform poorly at work or even act oddly for a number of reasons. For example, someone may have fatigue or working conditions have caused worker stress. It is for these kinds of reasons that Reasonable Suspicion is a contentious issue for many people, but the fact is that the overriding issue is safety of the employee, co-workers and other company stakeholders including the customers.

·                 Should apply to employees performing safety sensitive jobs

·                 Should not be applied based only on an employee’s job title

·                 Observations leading to Reasonable Suspicion must be specific and particularly

·                 Represents a suspicion that any prudent and cautious person would have given the behaviour or appearance of the employee

The Reasonable Suspicion process involves 3 steps – identification, gathering evidence, and testing. The identification phase includes the observation of work performance, behaviours or appearance. For example, the employee may have aggressive behaviour, has difficulty walking or is now unable to perform job duties that were properly handled in the past.

The evidence must then be documented. The documentation is the written record that explains what was witnessed and/or the patterns of behaviour that indicates someone is impaired. The evidence must be specific, verifiable by independent sources, and concrete. For example, a supervisor may document an unusual number of on-the-job accidents coupled with observations of mood swings that include unpredictable bursts of anger. The documentation should include the names of any witnesses, the time and dates of the occurrences and any other observations that support the Reasonable Suspicion.

The evidence needs to be strictly facts and not opinions, and the facts should focus on safety in the workplace. Once the facts are documented, they can then be presented to the employee and the employee asked to submit to a drug and alcohol test.  At that point the employer would rely on tests like the urine drug test or the breathalyser and Oraline Saliva tests to prove or disprove alcohol and drug use.

Reasonable Suspicion is not something that can be defined with one list of behaviours or observations because each set of circumstances will be different depending on the workplace and the employee. It does represent a responsibility of the employer in the efforts to keep the workplace safe.

CMM Technology offers a variety of quality drug and alcohol testing equipment that will play an important role in the administration of the workplace testing program. Testing in a way that meets Australian standards is critical for proving the validity of a Reasonable Suspicion.

High Quality Drug and Alcohol Testing and Monitoring in the Aviation Industry: An Imperative

Drug and alcohol use and misuse in industry is frequently hidden, unidentified and unreported. The aviation industry is “no different, and it has been estimated that alcohol abuse and dependence affects approximately 5-8% of all pilots, similar to the proportions in other professional occupations such as law and medicine.” In view of this fact and the findings of the Hamilton Island accident involving six fatalities, mandatory testing was introduced in Australia in 2007. It is therefore imperative a stringent approach to drug and alcohol testing in the aviation industry is affected, and thoroughly and properly maintained.

CMM Technology produces both quality testing equipment in line with Australian standards and also offers a leading consulting service in the area of policy development and program recommendations for testing practices. While drug and alcohol testing and consulting cannot be viewed as stand-alone cure-alls, they must be regarded as an intrinsic component of a thorough, multi-faceted, responsible and cost-effective drug and alcohol risk management approach.  This view is further backed by the Review into Safety Benefits of Introducing Drug and Alcohol Testing for Safety Sensitive Personnel in the Aviation Sector, 2006. A broad range of views were received with regard to available drug testing options for the report, with supporters arguing it is imperative that any drug and alcohol testing regime included both random and regular options. The types of testing to be considered were: pre-employment, for reasonable cause, post incident or accident, periodic, post treatment or follow up and random.”

Furthermore, the report recommended:

·    zero tolerance testing should apply to five illicit drug groups – cocaine, marijuana, Opiates, amphetamines and phencyclidine 

·     Industry be encouraged to implement testing as part of a broader response to drug and

Alcohol use in safety-sensitive roles – including better employee education, encouragement of staff to self-identify substance abuse problems and employee assistance programs offering the opportunity of rehabilitation and return to duty.

As Sir John Wheeler maintained in 2005, “employers and issuing authorities should have an ongoing obligation to monitor their employees and alert the central authority if any significant concerns arise at the workplace, including alcoholism or drug use.” While this is now legislated, aviation companies are better able to develop thorough testing and monitoring procedures by sourcing leading, cost-effective testing procedures and specialists such as those supplied by CMM Technology.

For further information on consulting services and cutting edge products, phone CMM Technologies on Tel: +618-9204-2500

What types of testing methods are best for your workplace?

Breathalyser

The types of testing methodologies currently available in the Australian and international markets varies greatly. To determine the best testing technology option(s) for your workplace, it is highly recommended that you speak to our expert CMM Technology team for guidance on (+618) 9204 2500. For example, variables used to determine the best testing technology options for your workplace testing program are contingent on the following assessment areas:

National and state legislation guidelines

OHS risk assessment

Risk culture indentification

Geographic location

Industry type

Size of business

Industrial relations rulings

Budget.

Overall, present testing methodologies available include: saliva drug test, urine tests and other testing applications that assess impairment levels. Our extensive range of breathalysers, simple saliva mouth swabs, state-of -the-art testing technologies and urine testers (which facilitate these testing methodologies), are just some of the instruments which can be introduced to your testing program.

With the ongoing advances in drug and alcohol testing technology as well as policy and legislation developments, it is highly recommended that you visit our CMM Technology website regularly to ensure you’re up-to-date with the latest testing technologies, legislation changes, best practices and support services. Speak to our helpful team of experts today on (+618) 9204 2500 for more information about our comprehensive, market leading products and services.